Scope of the concept
of retrenchment under s.2(oo) .
Statutory construction of social welfare legislation-
Guidelines.
Words and phrases-Meaning of the words ... service for not less than one year under
an employer shall be retrenched by that employer until he
has been paid at the time
superannuation or voluntary retirement, like gratuity, severance pay, leave encashment, voluntary retrenchment benefits, commutation of pension and similar payments; (vii) "maximum outstanding monthly balance" means
practice with the reason ‘sanction expired’.
The respondent-employer neither paid retrenchment compensation nor issued
any notice or paid wages in lieu of the same ... Therefore, termination of his contract is a clear case of retrenchment as
opposed to the provision in Section
SCALE (1)878
ACT:
Industrial Disputes Act 1947:
Section 2(oo) --"Retrenchment"--Interpretation of--Wheth-
er termination by the employer of the services ... question of law, regarding the scope and ambit of
the word 'retrenchment' as defined in Section 2(oo) of the
Industrial Dispute
losses. The Board of
Directors, therefore, on December 19, 1996
decided to retrench 460 employees. The Board
was required to pay retrenchment compensation
to those ... advance loan of
Rs.5 crores to enable the Corporation to pay
retrenchment compensation to the employees. A
resolution to that effect was also passed
regarding
appeal in certain past disciplinary cases.
Section 6 which deals with retrenchment of teachers
provides that where retrenchment of any teacher is rendered
necessary ... education or course of instructions or to any other
matter, such retrenchment may be effected with the prior
approval of the competent authority.
Section
While doing so, no notice or notice pay or retrenchment compensation was
given to him. Appellant No.1 raised industrial dispute which was referred ... Whether the action of the management of Food Corporation
of India, in retrenching Shri Hari Nandan Prasad, Ex-Casual
Workman, in contravention of Section
workmen employed therein cannot be given any job, all workmen should be
retrenched in accordance with the provisions of the Industrial Disputes Act,
1947 (hereinafter ... Official Liquidator and its employees, in terms whereof the employees
wee retrenched on or about 25/26.8.1977 on payment of one month
same terms and
conditions which they were enjoying prior to their retrench-
ment from the service of the State.
The High Court rejected the petitions ... appellants effective from the date of expiry of the notices
of their retrenchment by the State Government. According to
the learned
368
Judges, the sole
paid from 23rd July, 1993 instead of their respective dates of
retrenchment. The Division Bench, however, gave liberty to the Appellant
to hold domestic enquiry ... worked
for 240 days in preceding twelve months prior to
his alleged retrenchment. In terms of Section 25-F
of the Industrial Disputes
