sought for refezence of a diepute in reiatio.n'.toe._V
retrenchment of 1 1 workmen.
2. The case of the Union is that ... retrenched by the Management on 12.9.1;'£?92.§_'_' T Theee 7]'
though made efibrt; to report, weze %
attending the work
they worked continuously from the
date of their appointment till they were retrenched in the
years 1994 and 1995 respectively. The specific case made ... more
than 240 days in a calendar year, they have been illegally
retrenched from service in violation of the provisions of Section
Form P-A-Restriction imposed
on employer's right to retrench workmen-Whether violative of
Article 19(1)(g) -Whether provision saved by Article ... Conferment of power to grant or refuse permission to
retrench workmen on appropriate Government-Whether valid-
Delegation of power to appropriate Government to specify
authority
Employer
accepting the same--Services of employee terminated-Whether
amounts to 'retrenchment'.
HEADNOTE:
One Ram Singh was appointed by the appellant-company ... employer to fail
within the first part of the definition of retrenchment in
Section 2(s) of the U.P. Industrial Disputes Act. [531H;
532A
work or shortfall
in work, the authorities of the Corporation may retrench the
services of field staff but only in accordance with the provisions ... there was no work the service of
the respondent workers were retrenched along with several others by the
U.P. Forest Corporation in accordance with
right of closure by
providing for extra compensation over and
above the retrenchment compensation if the
closure is found to be mala fide and
unreasonable ... definitions of "Lay-off" and
"Retrenchment" were furnished in the Act in clauses (kkk)
and (oo) of Section 2 . The heading
society, the company terminated
the services of the employees and paid retrenchment
compensation to them under s 25FF of the Industrial Disputes ... case as the termination of service
upon transfers or closure is not retrenchment properly so
called. Termination of service with which s. 25FF deals
cannot
Section 25F of the Industrial Disputes Act, 1947 stipulates
conditions precedent to retrenchment of workmen. A workman employed in any
industry who has been ... employer is entitled to benefit under said provision if the
employer retrenches workman. Such a workman cannot be retrenched until
he/she is given
declaration to the effect that the orders of
their termination/retrenchment from service were illegal and (ii) that they
were entitled to reinstatement in service ... meaning thereby while the juniors were retained in
service, the seniors were retrenched. It was alleged that action was based
on pick and choose policy
HEADNOTE:
The appellants 2 and 3 were working journalists and they
were retrenched on payment of three months salary in lieu of
notice. The first ... appellant took up their case and alleged
that the retrenchment was not bona fide and they were in
fact victimised. On the failure of conciliation
