found illegal because of
procedural defect, namely in violation
of Section 25F of the Industrial
Disputes Act, this Court is consistent in
taking the view ... supra], termination of service of workman
was found without compliance of Section 25F
of the ID Act, 1947 it was held that principle
of grant
confirmation was retrenchment within
the meaning of section 2(oo) and, therefore,
the requirements of section 25F had to be
complied with. It was pointed ... doubts might have existed before
Parliament enacted Sections 25FF and 25FFF
about the width of section 25F there cannot
be any doubt that the expression
defined
under Section 25B of the Act 1947. It may be
relevant to quote Section 25Band clause (a) and
(b) of Section 25F ... Section 2(oo) , every termination is a
retrenchment and the employer is under an
obligation to comply with the twin conditions
of Section 25F
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 ... compensation as provided in Section
25FFF of the Act which has to be
calculated in accordance with Section
25F of the Act. The Tribunal
Section 25- F the
workmen must be paid, and they must
receive, full and complete amount of
compensation, in accordance with formula
under Section 25F ... Section 25-F also prescribes
the compensation amount must be
calculated and must be paid in accordance
with the formula prescribed under Section
25F
following due
procedure of law and in violation of provisions of Section 25F of
the Industrial Disputes Act, 1947 (hereinafter referred ... appellant has
worked for 240 days. There was breach of Section 25F of the
Act, 1947, which has been observed by the learned Labour
Court
case that their services were
terminated without following the provisions of Sections
25F , G and H of the Industrial Disputes Act, 1947 (for
short ... services could not have been terminated without
following the provisions of Section 25F of the Act. The
perusal of the award of the Labour Court
were put
to an end in violation of the provisions of Section
25F of the Industrial Disputes Act, 1947. The case
of the workman further ... found that the
termination was in violation of the provisions of
Section 25F of the Industrial Disputes Act, 1947.
4.1. Mr. Patel would submit that
Having found that there was breach of provisions of
Section 25F of the Industrial Disputes Act, on the
question of backwages, it is admitted fact ... Judge found
that the requisite condition prior to the termination under
Section 25F was not followed. This was particularly in
view of the fact that
relieved, the opponent employer
had followed the procedure prescribed under
Section 25F of the I.D. Act including procedure
to pay retrenchment compensation ... undisputed that prescribed procedure (under
Section 25F of the I.D. Act) was not followed
and compensation was also not paid.
9.2 Under the circumstances
