1997 INSC 0914
                                        SUPREME COURT OF INDIA

                                                Union of India (Uoi)

                                                           Vs.

                                               Kamlesh Kumar Bharti

                                         (S Agrawal and G Pattanaik JJ.)

                                                      26.09.1997

                                                       ORDER

1. Delay condoned.

2. Special leave granted.

3. The respondent was appointed temporarily as Extra-Departmental Delivery Agent in Ghazipur on
1-1-1993. He was relieved of the said post on 19-2-1994. He filed a petition (OA No. 404 of 1994)
before the Central Administrative Tribunal, Allahabad (hereinafter referred to as "the Tribunal")
which has been allowed by the Tribunal by the impugned judgment dated 3-10-1995. The Tribunal
has held that the respondent had worked for more than 240 days and he was entitled to the
protection of Section 25 of the Industrial Disputes Act, 1947 and since the said provisions were not
complied with, the termination of the services of the respondent was illegal.

4. The learned Additional Solicitor General has invited our attention to the judgment of this Court in
Sub-Divisional Inspector of Post v. Theyyam Joseph, wherein this Court has laid down that post
office is not "industry" under Section 2(j) of the Industrial Disputes Act, 1947. In view of the said
decision of this Court the provisions of Section 25-F of the Industrial Disputes Act could not be
invoked to set aside the termination of the services of the respondent.

5. The appeal is, therefore, allowed, the impugned judgment of the Tribunal dated 31-10-1995 is set
aside and OA No. 404 of 1994 tiled by the respondent is dismissed,

6. In pursuance of our order dated 9-7-1996 the appellants have deposited a sum of Rs 3000 towards
the cost of the respondent in this Court. The learned counsel for the respondent will be entitled to
withdraw the said amount.