terms of Rule
3 of the U.P. Temporary Government Servants (Termination of
Service) Rules, 1975. The order of termination was
challenged by the appellant ... behind the order to find out whether it was an order
of termination simpliciter or it was an order passed by way
of punishment
Arbitral Tribunal constituted under the Concession Agreement
is the validity of the termination notice dated 08.10.2012.
DMRC claimed that the termination notice issued by DAMEPL ... determination of the
main issue, i.e., the validity of the termination notice dated
08.10.2012. DMRC also raised an issue on the real motive
Industrial Disputes Act, 1947 , sections 2(oo) and 25F ,
scope of-"Termination of service for any reason whatsoever"
in the definition "retrenchment ... clarified.
Construction of Section 9A -Casual labour, termination
of services of-Railway Establishment Code, Rules 2501 and
2505, explained.
HEADNOTE:
The appellant joined service
payment made to the employee by the employer on his
retirement or termination of his service for any reason. It
is made voluntarily ... said Act. Although payment of gratuity
is made on retirement or termination of service, it was not
for the service rendered during the year
fact in second appeal-Propriety.
Constitution of India, 1950 Art. 311-- Termination of
services of temporary servant--Protection of article when
applicable.
HEADNOTE:
The respondent ... respondent filed a suit challenging the order
on the ground that the termination was one passed by
way of punishment and therefore attracted
giving effect to the provisions
of the Act. Regulation 11 deals with termination of the
service of an employee other than by way of punishment ... respondent was entitled to the
declaration for reinstatement.
HELD: (1) The termination of the respondents service
was not under regulation 11, but under regulation
following
question for adjudication to the Industrial Tribunal,
Lucknow:
"Whether the termination of the
services of female Smt. Shammi
Bhan, operator, daughter ... Tribunal, by its Award dated 21st July, 1992, held
that the termination of services of respondent 1 amounted to
"Retrenchment" within the meaning
were almost identically framed. In substance, the dispute
was 'whether the termination of the services of (name of worker)
w.e.f. (a date ... period over 240
days and, therefore, their termination amounted to retrenchment
which was invalid for non-compliance with Section 25F of the Act. The
workmen
sent a
Demand Notice to the appellant and ultimately the dispute of
termination of service of Respondent was referred to the
Industrial Tribunal. The respondent ... order dated 5.7.1985. It is
alleged that before the order of termination was issued,
provisions of the Industrial Disputes Act were not complied
with
which has been defined
in s. 2(q) to mean "termination of the service of an
employee otherwise than on superannuation" is framed ... widest terms. Except for superannuation, any termination of
service would amount to "retirement" for the purposes of the
Act. Retrenchment is termination
