Meaning- industrial Disputes Act . 1947 (14 Of
1947). SS. 2(j). 25F". 251.
HEADNOTE:
The services of respondents 2 and 3, engaged as ward ... management were retrenched without payment of
compensation as required by S. 25F(b) of the Industrial
Disputes
867
Act, 1947. The respondents applied
Industrial Disputes Act, 1947 - Sections 2(oo) , 25F and
25B Scope-Retrenchment-When the Court would order
reinstatement with full back wages-Workman in employment ... twelve months-If in "continuous service" for
purposes of section 25F .
Interpretation-Welfare legislation-how interpreted.
HEADNOTE:
The respondent Bank terminated the services
retrenchment and whether for non-compliance with the
provisions of section 25F the termination of service is ab
initio void- Sections 25A and 25B, scope ... constitute retrenchment within the meaning of section 2(oo)
read with section 25F of the Industrial Dispute Act. The
Labour Court accordingly held that
SC1808 (5)
ACT:
Industrial Disputes Act, 1947 , sections 2(oo) and 25F ,
scope of-"Termination of service for any reason whatsoever ... appellant in the circumstances
would constitute retrenchment within the meaning of section
25F of the Industrial Disputes Act, 1947 and, therefore, the
order of termination
termination amounted to retrenchment
which was invalid for non-compliance with Section 25F of the Act. The
workmen were, therefore, entitled to reinstatement. However, there ... expiry of the contract. The question of compliance of Section 25F of
the Act did not arise. The respondent-workmen could not be said
service of the respondent, of following the
procedure laid down in Section 25F of the Industrial Disputes
Act.
The respondent examined himself and deposed
that ... relevant
provisions, namely Section 2 (oo) , Section 25B and Section
25F of the Industrial Disputes Act. The appropriate
provisions are reproduced below:
Section
such a
certificate.
Industrial Disputes Act . 1947 (Act 14 of 1947)- Section
25F read with ss. 2(oo) and 25(B) (2) -Scope ... entitled to be reinstated
for non-compliance of s. 25F of the Act. The High Court of
Madras allowing the writ made the rule nisi
services of
the illegal for non-compliance of the provisions of Section
25F of the Act.
While the employers' contention is that the word ... considered in the context of the
main provisions viz. Sections 25F , 25G and 25H but there is
room for harmonious construction. The definitions contained
should
be held to be a retrenchment within the meaning of Section 25F of the 1947
Act. Alternatively, it was submitted that in view ... fact that the term
'workmen' is used in Section 25F, 25FF and 25FFF of the 1947 Act would
include a retrenched workman, Section
time-Whether fresh material necessary for reconsideration of
earlier decision.
Ss. 25F and 25 FFF-Notice of retrenchment-Undertaking
what is-Closure of painting ... invalid because the
appellant did not comply with the provision of s. 25F .
The appellant's writ petition was dismissed in limine.
In appeal
