From perusal of the judgment impugned we do not find any direction given to the employer for regularisation of the original applicant in regular service. The original applicant came to be engaged as part time waterman in the year 1986. His services were discontinued under an order dated 21.2.2012. Learned Tribunal set aside the order being arbitrary, being passed in violation of the principles of natural justice and also being in violation of the mandatory condition precedents for a valid retrenchment as prescribed under Section 25-F of the Industrial Disputes Act, 1947. On setting aside the order of discontinuation from service, that amounts to retrenchment as defined under Section 2(oo) of the Act of 1947, the employer is required to reinstate him in service in the same capacity that he was having before retrenchment. On declaring retrenchment bad, there is no question of placing the workman in regular cadre to which he was not a member. As already stated, no direction has also been given by the Tribunal for regularisation of the original applicant in service. The petitioners have misconstrued the relief granted by the Tribunal.
