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1 - 10 of 45 (1.61 seconds)Article 227 in Constitution of India [Constitution]
The Industrial Disputes Act, 1947
Article 226 in Constitution of India [Constitution]
Section 2 in The Industrial Disputes Act, 1947 [Entire Act]
Section 25G in The Industrial Disputes Act, 1947 [Entire Act]
Workmen Of Sudder Workshop Of Jorehaut ... vs Its Management And Vice-Versa on 1 May, 1980
17. The Labour Court
has also considered decision of Apex Court in case of Workmen of
Sunder Shop of Jorehout Tea Co. Ltd. v. The Management reported in
1980 (40) FLR 474 as referred above, where, Apex Court has held that
in case of non-compliance of Section 25F is established, then,
retrenchment is considered to be bad.
The Indian Evidence Act, 1872
State 0F Bombay & Others vs The Hospital Mazdoor Sabha & Others on 29 January, 1960
"13. An analysis
of the above reproduced provisions shows that no workman employed in
any industry who has been in continuous service for not less than one
year under an employer can be retrenched by that employer until the
conditions enumerated in Clauses (a) and (b) of Section 25-F of the
Act are satisfied. In terms of Clause (a), the employer is required
to give to the workman one month's notice in writing indicating the
reasons for retrenchment or pay him wages in lieu of the notice.
Clause (b) casts a duty upon the employer to pay to the workman at
the time of retrenchment, compensation equivalent to fifteen days'
average pay for every completed year of continuous service or any
part thereof in excess of six months. This Court has repeatedly held
that Section 25-F(a) and (b) of the Act is mandatory and
non-compliance thereof renders the retrenchment of an employee
nullity - State of Bombay v. Hospital Mazdoor Sabha AIR 1960 SC 610,
Bombay Union of Journalists v. State of Bombay (1964) 6 SCR 22, State
Bank of India v. N. Sundara Money (1976) 1 SCC 822, Santosh Gupta v.
State Bank of Patiala (1980) 3 SCC 340, Mohan Lal v. Management of
M/s. Bharat Electronics Ltd. (1981) 3 SCC 225, L. Robert D'Souza v.
Executive Engineer, Southern Railway (1982) 1 SCC 645, Surendra Kumar
Verma v. Industrial Tribunal (1980) 4 SCC 443, Gammon India Ltd. v.
Niranjan Das (1984) 1 SCC 509, Gurmail Singh v. State of Punjab
(1991) 1 SCC 189 and Pramod Jha v. State of Bihar (2003) 4 SCC 619.