Section 25F in The Industrial Disputes Act, 1947
25F. Conditions precedent to retrenchment of workmen.
- No workman employed in any industry who has been ... period of the notice: [* * *] [ Proviso omitted by Act 49 of 1984 , Section 32 (w.e.f. 18.8.1984).] (b) the workman has been paid
amount calculated in accordance with the provisions of clause (b) of section 25F of the Industrial Disputes Act, 1947 (14 of 1947) ; or (ii) such
termination would not
constitute retrenchment within the meaning of section 2(oo)
read with section 25F of the Industrial Dispute Act. The
Labour Court accordingly ... covered
by sub-section (2). Sub-section (2) envisages a situation
not governed by sub-section (1). And sub-section (2)
provides for a fiction
contained in proviso (b) of section 9A , which is an
independent provision having no co-relation with section
25F . [264 B]
2:2. Section ... contemplated by clause (a) of
section 25 . [262 C-E]
2:4. A careful reading of sections 9A and 25F makes it
clear that when
scope and ambit of the relevant
provisions, namely Section 2 (oo) , Section 25B and Section
25F of the Industrial Disputes Act. The appropriate
provisions ... Section 25B and the amendment brought about by Act 36
of 1964 of Section 25B of the Act, has said that Section 25F
requires that
provisions of sub-section (2),
be entitled to notice and compensation in
accordance with the provisions of section 25F , as if
the workman had been ... held that 'retrenchment' as defined in Section 2(oo) and as used
in Section 25F has no wider meaning than the ordinary accepted
sections 25A to 25J .
Section 25A provided that sections 25C to 25E inclusive
shall not apply to certain categories of industrial estab-
lishments. Section ... confers no
mokshas from s. 25F (b) is inferable from the proviso to s.
25F(1). True, the section speaks of retrenchment by the
employer
indisputably having regard to the
provisions contained in Section 25FFF of the 1947 Act. Section 25F
provides for entitlement of compensation to a workman ... provisions contained
in Section 25FF and Section 25FFF of the 1947 Act leaves no manner of
doubt that Section 25F thereof is to apply only
been given to the
workmen. Thus, the condition precedent under Section 25F of the Industrial
Disputes Act (for short ... statutory provisions of the I.D.
Act inter alia, Section 2(cc) read with Sections 25F (a) & (c), 25FFA
terminated with effect from 01.08.1995"
and the provisions of Section 25F of Industrial Disputes Act would be
complied with; that this letter be treated ... notice in accordance with
Section 25F of Industrial Disputes Act. On 1.7.1995 another notice
was issued to the daily wage employees supplemental to the earlier
