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
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
legislature in using the words "
as if the workmen had been retrenched " in S. 25FFF(1) of
the Act was not to place ... closure of an undertaking on
the same footing as retrenchment under S. 25F . While under
S. 25F of the Act no workman can be retrenched
certain sections to it providing for compensation for lay-off and retrenchment. This Ordinance came into force on October 24, 1953. Thereafter the parties settled ... workmen based his claim on the definition of the word "retrenchment" introduced into the principal Act by Ordinance 5 of 1953. That definition
complaint was filed in which it was alleged that the retrenchment of Mr. Guha was not bona fide and that persons junior to Mr. Guha ... industrial dispute between the appellant and the respondents in regard to the retrenchment of Mr. Guha, because Mr. Guha had been retrenched as long
SC1219 (6)
RF 1983 SC1320 (9)
ACT:
Industrial Dispute--Retrenchment compensation-Gratuity-
Workmen's claim for both on retrenchment-Maintainability-
Use of Statement ... service for not less than one year under an
employer shall be retrenched by that employer until ... (b)
the workman has been paid
CITATOR INFO :
R 1980 SC1454 (6)
ACT:
Industrial Law-Retrenchment-Rule of "first come last go".
When can be departed from-Employees properly ... retrenched-Com-
pensation payable.
HEADNOTE:
The respondents (workmen of the appellant) raised on indus-
trial dispute and pleaded before the Labour Court that the
appellant
About the same time the appellant
also thought of retrenching its employees and decided to
retrench ten of its employees with effect from December ... dispute having arisen as a result of
the said closure and
208
retrenchment it was referred to the industrial tribunal for
adjudication. Before the industrial
Labour Court ordered the Board to pay retrenchment compensation to these respondents.
2. The petitioner Board is a public undertaking for the purpose of generation ... Section 33C of the Act. They asserted by these applications that in retrenching them the Board had not followed the provisions
Slump in market-Lay off; Retrenchment-whether
justified Amount of compensation; when can be gone into.
HEADNOTE:
In pursuance of the recommendation of a Committee ... closed
down started refunctioning and many of the workmen who were
retrenched were taken back in employment. Upon rival
contentions, the Industrial Tribunal held that
