that the
respondents had violated the mandate of section 25F , 25G and
25H of the Act of 1947 and therefore, he was entitled for
reinstatement ... respondents had not complied with the mandate of section 25G
and 25H of the Act of 1947, the Tribunal did not consider
argument
termination was in violation of the provisions of
Sections 25F , 25G and 25H of the Industrial
Disputes Act ('the Act' for short ... Labour Court also held that there
was violation of provisions of Section 25H of the
Act and therefore awarded reinstatement
without back-wages
removed, fresh hands were recruited in violation of the provisions of section 25H of the Central Act. It was stated that these actions ... whether there was any violation of the provisions of section 25H of the Central Act and when no information was provided as to who were
only breach of Section
25F of the Act, but Sections 25G and 25H of the
Act have also breached. He has heavily relied
upon ... also not been followed, which is in
breach of Sections 25G and 25H of the Act. These
are independent of Section
March 2000
without following required procedure under Section 25F and Section
25H of Industrial Disputes Act, 1947. The industrial dispute has been
referred for adjudication ... Labour Court that Sec.25F is not violated and only
Sec.25H is violated. In such circumstances, relief of reinstatement
with continuity of service
workman had been given to other agency and therefore, breach of
section 25H was established. The Labour Court therefore, ordered
reinstatement of the workman ... instant case, the Labour Court erred in invoking provisions
of Section 25H of the I.D. Act as it was not the case where
called and thereby
the employer has violated the provisions
contained in Section 25H of the Industrial
Disputes Act.
7. Learned advocate Mr. Clerk thereafter
referred ... Labour Court
that there is breach of Section 25G and/or 25H of
the Industrial Dispute Act. He, therefore,
submitted that learned Single Judge
Industrial Disputes (Bombay) Rules, 1957, which read
thus:-
"25H. Re-employment of retrenched workman :
Where any workmen are retrenched and the
employer proposes ... employment to the retrenched employee.
On harmonious reading of Section 25H of the Industrial
Disputes Act, 1947 and Rule 82 framed thereunder,
position which boils
2020 JUDGMENT DATED: 21/04/2025
undefined
provisions of Sections 25G and 25H of the Industrial Disputes Act,
1947 (hereinafter referred ... alleged violation
of the provisions of Section 25H of the Act is concerned, it is
submitted that the respondents, in the year 1996, had undertaken
year 2008 after inordinate delay on the ground
that Section 25H of the Industrial Disputes Act, 1947 (for short "the Act")
was violated ... deserves to be answered in
his favour for non-compliance of Section 25H of the Act. The issue
referred to the Tribunal was whether
