Whether the present dispute also attracts the provisions of Sections 25G
and 25H of the Act.
III.Whether, in the facts and circumstances ... Whether the dispute attracts the provisions in Sections 25G and
25H of the Industrial Disputes Act, 1947.
a. Learned Counsel for the Respondents
conclusion that there is
violation of the provisions of Sections 25G and 25H of the ID Act
also in the present case. He submits that ... been held that once there is
violation of Sections 25G and 25H of the ID Act, the workman
cannot be denied reinstatement. He, therefore, submits
workmen regarding non-compliance of the provisions of
Sections 25H , 25G or 25N, but still the Tribunal has drawn a
conclusion only on the ground ... Appeal. He also
referred to the non-compliance of Sections 25G and 25H of
the Act of 1947 and submitted that violation is an admitted
case (supra), the relevant
paragraphs whereof are reproduced hereunder:-
"14. Section 25H is couched in wide language and is capable of
application ... Bank of India
v. S. Satyam , 1996 (5) SCC 419).
15. Section 25H reads as follows:
" Section 25H . Re-employment of retrenched workmen.-
DEVINDER
Therefore, the question of
violation of provisions of Section 25F , 25G and 25H of the
I.D. Act would not arise and the Labour Court ... with regard to violation of the
provisions of Section 25F , 25G and 25H of the I.D. Act
coupled with the fact that the respondents
there is a
breach of the provisions of Section 25F , 25G and 25H of the
I.D. Act.
4.5. The respondent No.1 - Trust submitted ... there is clear violation of the provisions of Section
25F , 25G and 25H of the I.D. Act by the respondent No.1 -
Trust
regarding completion of 240 days
and breach of Section 25F , 25G and 25H of the Act, while passing the
award dated 16.01.2016. Over-and-above ... unless for reasons to be recorded the employer retrenches
any other workman.
25H. Re-employment of retrenched workmen.--Where any
workmen are retrenched
retrenched employee is
termed as "re-employment" as per Section 25H of the Industrial
Disputes Act, 1947. With passage of time, this concept
retrenched employee is
termed as "re-employment" as per Section 25H of the Industrial
Disputes Act, 1947. With passage of time, this concept
logical
corollary would be that in such an event, Section 25H will have no
application. The distinction is that in the case of retrenchment
simpliciter
