Punitive Retrenchment Without Regular Departmental Inquiry Violates Industrial Disputes Act: HP HC
1 week, 4 days ago

Punitive Retrenchment Without Regular Departmental Inquiry Violates Industrial Disputes Act: HP HC

Live Law  

Himachal Pradesh High Court: A Single Judge Bench of Justice Ajay Mohan Goel set aside the termination of a daily wage worker's services. It upheld the Labour Court's finding that termination based on alleged misconduct without conducting a proper departmental inquiry was illegal. The Labour Court agreed with Ramesh Chand, and held that an order of dismissal cannot be passed without holding a regular departmental inquiry. Court's Reasoning Firstly, the court noted that the retrenchment notice dated February 26, 1999, mentioned that Ramesh Chand had been found guilty of tampering official records with malafide intention. Thus, noting that Chand's termination was clearly a punishment inflicted on the basis of a preliminary inquiry, the court ruled that it was not simple retrenchment.

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History of this topic

Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High Court
1 year, 7 months ago

Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court has recently ruled that even if an employer corporation does not explicitly issue a termination order, its behaviour of not assigning work to an employee while doing so for others can still be considered as retrenchment under the Industrial Disputes Act of 1947. “.Retrenchment as it stood at the relevant time, termination …

Violation Of Retrenchment Conditions U/s 25F Industrial Disputes Act Would Not Automatically Entail Reinstatement With Full Back-wages: Supreme Court
3 years, 8 months ago

Violation Of Retrenchment Conditions U/s 25F Industrial Disputes Act Would Not Automatically Entail Reinstatement With Full Back-wages: Supreme Court

Live Law  

The Supreme Court observed that the violation of Section 25F of the Industrial Disputes Act, 1947, would not automatically entail in the reinstatement with full back wages.In this case, one Panchamlal Yadav challenged the action of the management of Bundelkhand Kshatriya Gramin Bank, in terminating his services before the Central Government Industrial Tribunal. The Supreme Court observed that the violation …

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