wage basis by petitioner and
thereby petitioner establishment committed breach of section 25H of
ID Act, 1947 since no offer was made by petitioner ... necessary to note that
being independent provisions of section 25H of ID Act, 1947, as and
when in same category if new employee is recruited
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
been proved. However, so far as the alleged
breach of section 25H is concerned, the Labour Court found that
there was breach of section 25H ... there was no question of
following procedure under section 25F , 25G and 25H of the Act. The
learned Single Judge therefore, quashed the judgement
reinstatement into service on the alleged
preferential right of reinstatement under Section 25H of the Industrial
Civil Writ Petition No.6680 ... been retrenched,
must have been given the preferential right under Section 25H of the
Industrial Disputes Act. A further list of 32 persons, who were
Officer, Labour Court, Tirunelveli, 1st Respondent, claiming re-
employment, as per Section 25H of the I.D. Act.
7. The petitioners have further submitted that ... logical corollary would be that in
such an event Section 25H will have no application.
26. The aforementioned provisions clearly carve out a
distinction that
petitioner. Therefore, Labour Court has considered
breach of Section 25G and 25H of ID Act relying upon decision of Apex
Court in case of State ... Management. Therefore, the
Tribunal has found violation of Sections 25G and 25H of the Act. This
finding of fact has not been controverted
error in coming to such
conclusion. He also contended that section 25G, 25H have also not
been violated by the petitioner and yet finding ... respondents were not called for work by the petitioner and,
therefore, section 25H is also violated. After termination of the
respondents herein by the petitioner
considered for re-employment by virtue of the
provisions of Section 25H of the Act.
The respondents submitted a reply to the demand notice ... days but was entitled to the
protection under Section 25G and 25H of the Act. The respondents in
the reply disputed the status
considered for re-
employment by virtue of the provisions of Section 25H of the Act.
The respondents submitted a reply to the demand notice ... days but was entitled to the
protection under Section 25G and 25H of the Act. The respondents in
the reply disputed the status
while
providing work because, otherwise, as per his submission, right
under section 25H is also available to the petitioners. He submits
that even if their ... daily
wager, such retrenched workman will be having legal right under
section 25H of the ID Act. Section 25H