management had not followed the procedure laid
down in Sections 25F to 25H of the Industrial Disputes Act
(hereinafter referred ... management and thus termination of her service
was in violation of Section 25F of the Act. It was also held that
persons junior
accordingly the petitioner was held to be not protected under Section 25F of the Industrial Disputes Act.
4. Before adverting to the arguments advanced ... rhyme and reason without following the due process as prescribed under Section 25F of the Industrial Disputes Act. The petitioner further claims that
dated 15.1.1998 was also given to the respondent
in compliance of Section 25F(b) of the Act as retrenchment
compensation; that as there was some ... respondent were retrenched after duly
complying with the provisions of Section 25F of the Act and that in
the regular selection held for the post
Industrial Disputes Act, which is a pre-condition for application of Section 25F of the Act.
5. Earlier, the first respondent Labour Court passed ... continuous service so as to attract compliance of Section 25F of the Industrial Disputes Act or that his non-employment was otherwise justified
their services have been terminated in breach of the provisions of Section 25F and 25G of the ID Act thereby committing unfair labour practices under ... them by the management.
BREACH OF THE PROVISIONS OF SECTION 25F OF THE INDUSTRIAL DISPUTES ACT
SUBMISSIONS OF THE LEARNED COUNSEL FOR THE MANAGEMENT
exercise of deciding each individual's claim as to whether Section 25F of the I.D. Act was complied with or not. In case ... retrenchment, not complying with Section 25F of the I.D. Act, the cases were disposed of by directing reinstatement of workmen with all benefits
reported for work. He submitted that the provisions of Section 25F of the ID Act, 1947 are not applicable as the respondent was being given ... covered by the definition of 'retrenchment' and, therefore, Section 25F of the ID Act, 1947 is not applicable. He also submitted that
grounds that the respondent management had violated the provision of Section 25F(a) and (b) of the Industrial Disputes Act, 1947 (hereinafter referred ... unjustified since it was passed in violation of the provision of Section 25F of the Act. It was submitted that the notice dated 12th April
continuous service, the termination of her services without complying with Section 25F of the Industrial Disputes Act, would render the termination ab-initio-void ... arise in order to state that there was non-compliance of Section 25F of the I.D. Act. Learned Counsel therefore contended that the first
with the mandatory conditions of notice, compensation, etc., as stipulated under Section 25F of the Industrial Disputes Act, 1947, constitutes illegal retrenchment thereby entitling ... which retrenchment is carried out by the management. In this regard, Section 25F , contained in Chapter VA of the said Act, assumes relevance
