advocate Mr. Pathak submitted that termination of respondent either
may be simple termination or that termination was based on stigma.
The allegations of loss ... aside by Labour Court. If it is considered to be
a simple termination, then, it amounts to a retrenchment under
Section
termination is either simple or stigmatic. If the case of the petitioner is that it is not simple termination, then, it must have ... connected with the termination order are, prima facie, satisfied to this Court that said termination is a punitive and not simple as alleged
petitioner which is not a simple termination but, in termination order the foundation of termination was specifically mentioned by the petitioner society ... view of undisputed facts from record that this is not a simple termination but, on the contrary termination order based on having clear foundation
petitioner which is not a simple termination but, in termination order the foundation of termination was specifically mentioned by the petitioner society ... view of undisputed facts from record that this is not a simple termination but, on the contrary termination order based on having clear foundation
defects. The Labour Court has observed that it is not a simple termination but a termination based on charge of remaining absent without permission which ... Court was, therefore, right in holding that it is not a simple termination as contended by the petitioner. The Labour Court was, therefore, also right
defects. The labour court has observed that it is not a simple termination but a termination based on charge of remaining absent without permission which ... court was, therefore, right in holding that it is not a simple termination as contended by the petitioner. The labour court was, therefore, also right
change of condition of service' and it is 'simple termination of service not connected with any misconduct' and, therefore, not attracting ... punishment relating to misconduct in question but it is a simple termination by way of retrenchment. Therefore, this retrenchment is not covered by section
Presiding Officer ]. But in all these cases, the order were simple orders of termination which did not contain any words amounting to stigma. In case ... service the conclusion is dismissal, even if full benefits as on simple termination, are given and non injurious terminology is used."
10. Applying
documents connected with the formal order of termination what the true ground for the termination is. If, thus scrutinised, the order has a punitive flavour ... service the conclusion is dismissal, even if full benefits as on simple termination, are given and non-injurious terminology is used
before terminating services of the respondent-workman, and therefore, it amounts simple termination, and hence, Section 25F
of the Industrial Disputes Act, 1947 was required ... that termination is either punitive or simpliciter. In case of punitive termination, departmental inquiry is condition precedent but in case of simpliciter termination, Section