Regional Manager, S.B.I vs Rakesh Kumar Tewari on 3 January, 2006
9. The Supreme Court in the matter reported as (2006) 1 SCC 530,
Regional Manager, S.B.I. Vs. Rakesh Kumar Tewari, the court has held
as under:
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1 - 2 of 2 (1.97 seconds)Bondar Singh & Ors vs Nihal Singh & Ors on 4 March, 2003
"13. Section 25G requires the employer to "ordinarily
retrench the workman who was the last person to be
employed in a particular category of workman unless for
reasons to be recorded the employer retrenches any other
workman". This "last come first go", rule predicates. 1) that
the workman retrenched belongs to a particular category; 2)
that there was no agreement to the contrary; 3) that the
employer had not recorded any reasons for not following the
principle. These are all questions of fact in respect of which
evidence would have to be led, the onus to prove the first
requirement being on the workman and the second and third
requirements on the employer. Necessarily a fair
opportunity of leading such evidence must be available to
both parties. This would in turn entail laying of a foundation
for the case in the pleadings. If the plea is not put forward
such an opportunity is denied, quite apart from the principle
that no amount of evidence can be looked into unless such a
plea is raised. [See Siddik Mahomed Shah v. Mt. Saran and
Ors., AIR 1930 PC 57, Bondar Singh and Ors. v. Nihal
Singh and Ors. [2003] 2 SCR 564 ].
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