Section 25F in The Industrial Disputes Act, 1947
25F. Conditions precedent to retrenchment of workmen.
- No workman employed in any industry who has been ... service for not less than one year under an employer shall be retrenched by that employer until- (a) the workman has been given one month
muster rolls of his industrial establishment and who has not been retrenched. [Inserted by Act 43 of 1953, Section 2 (w.e.f. 24.10.1953). ] Explanation ... section 3 of the Indian Railways Act, 1890 (9 of 1890); (oo) [ "retrenchment" means the termination by the employer of the service of a workman
award, contract of service or otherwise, at the time of his retrenchment : Provided that the amount exempt under this clause shall not exceed ... shall be deemed to be compensation received at the time of his retrenchment ; (b) compensation received by a workman, at the time of the transfer
Retrenchment
Section 3 (w.e.f. 1.12.1965).]
(1) Where any employer discharges, dismisses, retrenches or otherwise terminates the services of an individual workman, any dispute ... employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other
Section 25H in The Industrial Disputes Act, 1947
25H. Re-employment of retrenched workmen.
- Where any workmen are retrenched, and the employer proposes to take ... such manner as may be prescribed, give an opportunity [to the retrenched workmen who are citizens of India to offer themselves for re-employment
Section 25G in The Industrial Disputes Act, 1947
25G. Procedure for retrenchment.
- Where any workman in an industrial establishment, who is a citizen of India ... retrenched and he belongs to a particular category of workmen in that establishment, in the absence of any agreement between the employer and the workman
taking into consideration the financial condition of the Corporation, decided to
retrench surplus staff. The minutes of the meeting (Annexure-1 teries) indicate that ... employees in 42 categories as found by the committee, and decided to retrench such employees under the provisions of the Industrial Disputes
factor for not awarding full back wage,s.
The management (Appellant) retrenched 56 of its
worl;tnell alleging nonavailability of raw material to
ntilise ... mounting
losses. As a result of negotiations between the parties, the
retrenched workmen were taken back in service. A few days
later, however, the workmen
backwages consequent upon a declaration
that a workman has been retrenched in violation of the provisions of Section
6-N of the U.P. Industrial ... whether the concerned workman is entitled to
the benefit of retrenchment and other benefit?"
The Project Officer of the Appellant-Corporation appears to have
