workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days 'average pay [for every completed year of continuous ... entitled to notice and compensation in accordance with the provisions of section 25-F, as if the workman had been retrenched: Provided that nothing
deemed to be compensation received at the time of his retrenchment ; (b) compensation received by a workman, at the time of the transfer (whether ... liable to pay to the workman, in the event of his retrenchment, compensation on the basis that his service has been continuous
retrenchment has been refused, such retrenchment shall be deemed to be illegal from the date on which the notice of retrenchment was given ... this section shall be entitled to receive, at the time of retrenchment, compensation which shall be equivalent to fifteen days 'average pay for every completed
entitled to notice and compensation in accordance with the provisions of section 25-F, as if the workman had been retrenched: Provided that where ... liable to pay to the workman, in the event of his retrenchment, compensation on the basis that his service has been continuous
Court
emphasised that the workman cannot be retrenched without payment, at the
time of retrenchment, compensation computed in terms of Section ... retrenchment, or before, so that
once having been retrenched there should be no need for him to
go to his employer demanding retrenchment compensation
Indian Income Tax Act 1922- Section 10(2) (xv) -Scope of-
Retrenchment compensation paid to employees whose services
were terminated-If an allowable deduction ... directors to pay the
employees retrenchment compensation and compensation for
termination of employment and also additional retrenchment
compensation and compensation for termination of employment
unjustified and that
the termination amounted to retrenchment and bad for non
payment of retrenchment compensation. In the workman's
Letters Patent Appeal ... closure of
the undertaking would constitute retrenchment and whether
the workmen were entitled on that account to retrenchment
compensation; and it was observed that retrenchment
Appeal, the
Company has, however, offered to these eighty-four employees
retrenchment compensation under section 25FFF of the
Industrial Disputes Act aggregating ... entitled to notice and compensation in accordance with the
provisions of section 25F as if the workman had been
retrenched.
Section 25-O features
Payment of Wages Act,
1936, for payment of retrenchment compensation to the said
workmen under cl. (b) of a. 25 F of the Industrial Disputes ... closure and normal retrenchment was one
of degree only. We are aware that in some cases Labour
Appellate Tribunals awarded retrenchment compensation on
closure
held that his services were retrenched by the
appellant Corporation. He was not entitled to any
retrenchment compensation when he left the service ... retrenchment only, and that
retrenchment not being. the result of any unfair labour
practice or victimization, respondent No. 3 could only claim
retrenchment compensation
