Document Fragment View

Matching Fragments

"9. We have already referred to the decision of the Board of Director to retrench the writ-petitioner after the service of charter of demands by the union and the factual finding rendered by the Labour Court, namely, that retrenchment is not bona fide.
....
It is settled law that when retrenchment was effected not on bona fide grounds, but it was made under the guise of wrongful termination, the normal rule is to order reinstatement of the workman with continuity of service and monetary benefits. When such is the position, the Labour Court having found that the retrenchment is not bona fide and the society has failed to comply with the provisions of S.25F of the Industrial Disputes Act, committed an error in ordering compensation of Rs.7,752 in lieu of reinstatement in service. The said order cannot be sustained. ..."