Standing Orders), without complying with the provisions of Sections 25F , 25G or 25FF?
(2) Whether Section 25G of the Industrial Disputes Act, 1947 (hereinafter referred ... hire and fire' in disregard of Section 25G of the Act and Section 25F of the Act?
(8) Should this Court insist on principle
been protected since 1947 under the provision of Section 2(oo) read with Section 25F of the Industrial Disputes Act. He also submitted that ... termination was not retrenchment.' In the said matter, Section 25B and Section 25F of the I. D. Act had also been considered in detail
conditions precedent
which are required to be satisfied for retrenchment under Section
25F of the ID Act have been fulfilled in the instant case ... more than one
month had been given, the condition of Section 25F (a) of the ID
.
Act has been duly complied with. The Tribunal
referred to in Section 2(eee) is for the purpose of understanding that expression as occurring in Section 25B and Section 25F ... Then, the other section, which remains to be noticed, is Section 25B, and, indeed, one has to read Section 25F and Section 25B together
based on mis-reading of Section 25B of the Act.
4. The relevant portions of Section 25F and 25B are
as under:-
"25F. Conditions ... thus of the considered view that period
under Section 25B read with Section 25F of the Act
cannot be restricted to immediately preceding calender
year
retrenchment" within the meaning of Section 2(oo) , attracting the provision of Section 25F of the Act? In Hariprasad Shivashankar Shukla ... Section 2(oo) , the provisions of Sections 25FF or 25FFF, as the case may be, are attracted; but not the provision of Section 25F . Reference
Section 25F read with Section 25B of the Act?
It would be convenient to set-out Section 25F to understand the controversy involved ... matter.
Section 25F and Section 25B are incorporated in Chapter-VA dealing with lay off and retrenchment. Section 25F runs as under:
" Section 25F
Section 2(oo) suggests that the person who claims the benefit of Section 25F must be one, validly appointed in the service of the employer ... Section 2(oo) happens. In short the person who claims the benefit of Section 25F shall establish that he is in the service
provisions contained in Section 2(oo)(bb) of the Industrial Disputes Act, the petitioner cannot claim any protection under Section 25F of the Industrial Disputes ... exception of Section 2(oo)(bb) of the Industrial Disputes Act and in such a case, the provisions of Section 25F of the said
dated 15.1.1998 was also given to the respondent
in compliance of Section 25F(b) of the Act as retrenchment
compensation; that as there was some ... appropriate Government by notification
in the Official Gazette.
Sub-section (b) of Section 25F requires payment of
retrenchment compensation to a workman which shall
