respondent in written form on the
provision of Section 2(oo)(bb) of the I.D. Act that the termination of
the appellant from ... mention
the provision of Section 2 (oo) (bb) of the I.D. Act, which reads thus:
“2 (oo) “retrenchment” means the termination by the employer
Section 2(oo) , the competent Court/ Tribunal shall have to keep in mind the provisions of Section 2(ra) read with Section ... from Section 2(oo) , then such agreement cannot be regarded as fair or bona fide and Section 2(oo)(bb) cannot be extended to such
will be
appropriate to refer to Section 2(oo) and Section 25F of the ID Act:-
"2. (oo) "retrenchment" means the termination ... retrenchment
compensation as required under Section 25F(b) of the ID Act. The
issue regarding Section 2(oo)(bb) did not fall for consideration
before
petitioner, the appointment of the respondent was squarely covered by Section 2(oo)(bb) of the Industrial Disputes Act, 1947 and, therefore, there ... 2 years and, therefore, he could not claim permanency after termination. The learned Counsel further heavily relied upon the provisions of Section 2(oo)(bb
compensation under Section 25F , it cannot create any righi in favour of employee de hors the provisions of Section 2(oo)(bb) - Erroneous offer ... from Section 2(oo) , then such agreement cannot be regarded as fair or bona fide and Section 2(oo)(bb) cannot be extended to such
Section 2(oo) of the Act. On the other hand, it is the contention of the Management that it amounts to Section 2(oo)(bb ... Parishad (1989) 2 L.L.N. 590, the learned single Judge of the Bombay High Court, while interpreting Section 2(oo)(bb
termination of the service of respondent No. 2 was covered by Clause (bb) of Section 2(oo) of the Act and, therefore ... bb) was inserted in Section 2(oo) by Act No. 49 of 1984. Amended Section 2(oo) and Sections 2
accepted. To appreciate the above legal position, extraction of Sections 2(oo) and 2(oo)(bb) is required, which reads as under: " Section 2 ... definition of 'retrenchment' under Section 2(oo) and exception provided under Section 2(oo)(bb) came up for consideration before
this provision by placing reliance on the provision of Section 2(oo) (bb) of the Act.
2. Before noticing these contentions the facts in each ... under Section 2(oo)(bb) .
12. Before examining this argument, the aforementioned provisions be also noticed. These read as under:--
"2(oo) - "Retrenchment
this Court, the apex court has considered the applicability of Section 2(oo)(bb) of the ID Act, 1947. As per the said decisions ... provisions of Section 25F of the ID Act, 1947. In light of this situation, whether the provisions of Section 2(oo)(bb
