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
when permissible.
Industrial Disputes Act, 1947 :
Sections 25F , 25FF and 25FFF -Retrenchment under Certified
Standing Orders-Whether attracts principles of natural
justice-Whether employer ... action to be fair, just and
reasonable.
Section 2(oo) --Retrenchment--Meaning and scope of.
Industrial Employment (Standing Orders) Act, 1946 :
Section 5- -Certified Standing
Industrial Dispute-Retrenchment of workmen by hospital
without compensation- Validity-Hospital, if an industry-
'Industry' Meaning- industrial Disputes ... Group Of Hospital, Bombay, under State
control and management were retrenched without payment of
compensation as required by S. 25F(b) of the Industrial
Disputes
entered into a supplementary settlement
under which the company agreed not to retrench or lay-off
any of the workmen during the said period ... enable the company notwithstanding the two earlier
settlements to carry out retrenchment of 92 of the workmen
with effect from January 1, 1964. Some
Industrial Disputes Act, 1947 - Sections 2(oo) , 25F and
25B Scope-Retrenchment-When the Court would order
reinstatement with full back wages-Workman in employment ... directed payment of
compensation of six months' salary in addition to
retrenchment compensation.
In Santosh Gupta v. State Bank of Patiala it was held
Company had been incurring heavy losses
for several years and, therefore, retrenchment was
undertaken on a large scale. Thereafter, a settlement was
arrived ... Company and its workmen,
inter alia, providing that there would be no retrenchment
for a period of 5 years. Under a scheme of arrangement
Termination of service for any reason whatsoever"
in the definition "retrenchment" clarified.
Construction of Section 9A -Casual labour, termination
of services ... termination of service of the appellant in the circumstances
would constitute retrenchment within the meaning of section
25F of the Industrial Disputes
period over 240
days and, therefore, their termination amounted to retrenchment
which was invalid for non-compliance with Section 25F of the Act. The
workmen ... works in these units could be
engaged only for specific jobs and retrenched as
soon as the work is over.
4. The Heads of Telecom
