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1 - 10 of 34 (0.30 seconds)Section 2 in The Industrial Disputes Act, 1947 [Entire Act]
Section 25F in The Industrial Disputes Act, 1947 [Entire Act]
The Industrial Disputes Act, 1947
The Punjab Land Development And ... vs Presiding Officer, Labour Court, U.T. ... on 28 September, 2000
"4.In Punjab Land Development and Reclamation Corpn. Ltd. v. Presiding
Officer, Labour Court1 the Constitution Bench considered the scope of the word
'retrenchment' defined by Section 2(oo) and held in para 71 at page 716 that
"analysing the definition of retrenchment in Section 2(oo) we find that
termination by the employer of the service of a workman would not otherwise have
covered the cases excluded in clauses (a) and (b) namely, voluntary retirement
and retirement on reaching the stipulated age of retirement or on the grounds of
continued ill health. There would be no violational element of the employer.
Their express exclusion implies that those would otherwise have been included".
M/S. U.P. Drugs & Pharmaceuticals ... vs Ramanuj Yadav & Ors on 23 September, 2003
35.The following passage from the judgment reported in 2003(4) LLN
425 SC (Uttar Pradesh Drugs and Pharmaceuticals Company Limited Vs. Ramanuj
Yadav and others) relied on by the counsel for the Management is extracted
hereunder:
The President, Srirangam Co-Operative ... vs The Presiding Officer, Labour Court And ... on 15 March, 1996
42.In 1996 (1) LLN 647 (Srirangam Co-operative Urban Bank Ltd.,
Srirangam Vs. Labour Court, Madurai and another), the First Bench of this Court,
referred to the decision of the Apex Court in Santosh Gupta Vs. State Bank of
Patiala reported in 1980 (3) SCC 340, wherein the Honourable Apex Court held
that termination for having not qualified in the examination would amount to
retrenchment as per Section 2(oo) of I.D. Act and as Section 25(F) of the I.D.
Act was not complied with, the termination was set aside and held that
irrespective of the nature of employment, the workman is entitled to protection
under Section 25-F of the I.D. Act. In this regard, the relevant passage from
para 12 of the judgment in 1996 (1) LLN 647 is extracted hereunder:
Sita Ram & Ors vs Moti Lal Nehru Farmers Training ... on 5 March, 2008
"The decision in the case on Mohan Lal does not lay down that if a workman
had worked for more than 240 days in any number of years and if during the year
of his termination, he had worked for the said number of days, he would not be
entitled to the benefit of S.25 B. The question with which we are concerned was
not under consideration in Mohan Lal case. If the view-point propounded by the
management is accepted, then in every year the workman would be required to
complete more than 240 days. If in any one year the employer gives him actual
work for less than 240 days, the service of the workman can be terminated
without compliance of S.6N of the UP Act, despite his having worked for number
of years and for more than 240 days in each year except the last. Such an
intention cannot be attributed to the UP Act."
Radhakrishnan R. vs Presiding Officer, Labour Court And ... on 17 March, 2004
v)2004(2) LLN 1054 Madras (R.Radhakrishnan Vs. Presiding Officer, Labour Court,
Cuddalore)