Section 25F ID Act Will Apply To Employee's Retrenchment Even If Appointment Was Irregular : Supreme Court
3 years, 4 months ago

Section 25F ID Act Will Apply To Employee's Retrenchment Even If Appointment Was Irregular : Supreme Court

Live Law  

The Supreme Court has held that the requirements specified under Section 25F of the Industrial Disputes Act 1947 for the retrenchment of an employee will apply even if the appointment was irregular.A bench comprising Justices Ajay Rastogi and Abhay S Oka disagreed with the view expressed by the Kerala High Court that Section 25F of the ID Act will not apply if the appointment was irregular. The Supreme Court has held that the requirements specified under Section 25F of the Industrial Disputes Act 1947 for the retrenchment of an employee will apply even if the appointment was irregular. A bench comprising Justices Ajay Rastogi and Abhay S Oka disagreed with the view expressed by the Kerala High Court that Section 25F of the ID Act will not apply if the appointment was irregular and reversed the High Court's judgment. The scheme of the Act 1947 contemplates that the workman employed even as a daily wager or in any capacity, if has worked for more than 240 days in the preceding 12 months from the alleged date of termination and if the employer wants to terminate the services of such a workman, his services could be terminated after due compliance of the twin clauses and of Section 25F of the Act 1947 The Court observed : "It leaves no manner of doubt that the nature of every termination of a kind, by the service of a workman, for any reason whatsoever, which the Legislature in its wisdom made a clarification in its intention to be known to the employer that such of the workman whose services, if to be terminated, will amount to retrenchment under Section 2 of the Act except those expressly excluded in the section.

Supreme Court Court Termination High Supreme Act Apply Appointment Workman 1947 Irregular Retrenchment Section 25F 25F  high  id  view  services  25f  1947  apply  termination  court  appointment  act  workman  supreme  employees  retrenchment  irregular

History of this topic

Appeal Under Section 30 Of Employees Compensation Act Must Involve Substantial Question Of Law: Delhi High Court
10 months, 2 weeks ago

Appeal Under Section 30 Of Employees Compensation Act Must Involve Substantial Question Of Law: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Dharmesh Sharma held that Section 30 of the Employees Compensation Act, 1923, which provides for appeals against orders of compensation and other related matters, can only be exercised when the appeal involves a substantial question of law. Feeling aggrieved, the Management approached the Delhi High Court and filed an appeal under Section …

Long Service In Industrial Establishment Should Ordinarily Be Recognized As Advantageous To Workman: Karnataka High Court
1 year, 3 months ago

Long Service In Industrial Establishment Should Ordinarily Be Recognized As Advantageous To Workman: Karnataka High Court

Live Law  

The Karnataka High Court has dismissed an appeal challenging a Labour Court award, whereby an employee dismissed from service due to intermittent absence from work for attending to ailing relatives was ordered to be reinstated. While dismissing the appeal, which was filed against the order of a Single Judge of the court that confirmed the award, the division bench of …

S.25FFF ID Act | Enterprise Shutting Due To Financial Difficulties Not 'Unavoidable Circumstance' To Deny Retrenchment Compensation: J&K High Court
1 year, 3 months ago

S.25FFF ID Act | Enterprise Shutting Due To Financial Difficulties Not 'Unavoidable Circumstance' To Deny Retrenchment Compensation: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has ruled that the closure of an enterprise due to financial difficulties cannot be deemed an "unavoidable circumstance" under Section 25-FFF of the Industrial Disputes Act, thereby reinforcing the entitlement of employees to retrenchment compensation. Citing the explanation to Section 25-FFF of the Industrial Disputes Act, Justice Wasim Sadiq Nargal observed, “.where …

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 …

S.25F ID Act Not Complied: Jammu & Kashmir High Court Says Acceptance Of Compensation Won't Estop Workmen From Challenging Retrenchment
2 years ago

S.25F ID Act Not Complied: Jammu & Kashmir High Court Says Acceptance Of Compensation Won't Estop Workmen From Challenging Retrenchment

Live Law  

" From the records, it is established that the retrenchment amount was paid to the Respondents in utter disregard of Section 25-F of the Act of 1947 and, therefore, once the employer has not followed the statutory obligation, then the acceptance of the retrenchment amount would not to be an estoppel for the workmen to challenge the order of retrenchment.If …

Reinstatement A Normal Course When S.25(F) ID Act Is Violated, Not Compensation: Gujarat HC Grants Relief To State-Employed Sweeper
2 years, 6 months ago

Reinstatement A Normal Course When S.25(F) ID Act Is Violated, Not Compensation: Gujarat HC Grants Relief To State-Employed Sweeper

Live Law  

In a recent order, the Gujarat High Court has held that the benefits of reinstatement would be a 'normal course' that ought to follow once there is a violative of Section 25 under the Industrial Disputes Act. Justice Biren Vaishnav stated: "Having therefore found that the Labour Court having positively held that there was violation of Sec.25 of the Act, …

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC
2 years, 7 months ago

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC

Live Law  

The Gujarat High Court has reiterated that once a Labour Court comes to the conclusion that Sections 25F, G and H of the Industrial Disputes Act have been violated, reinstatement of workman ought to follow. The Bench comprising Justice Biren Vaishnav was hearing several petitions challenging the Labour Court's order wherein compensation of Rs. Reference was made to Gauri Shanker …

Civil Court's Jurisdiction Not Ousted By Industrial Disputes Act When Matter Relates To Only Correction Of Employee's Date Of Birth : Supreme Court
2 years, 7 months ago

Civil Court's Jurisdiction Not Ousted By Industrial Disputes Act When Matter Relates To Only Correction Of Employee's Date Of Birth : Supreme Court

Live Law  

The Supreme Court has held that the jurisdiction of the civil court in relation to the correction of date of birth of an employee is not ousted by the Industrial Disputes Act 1947.The Court stated that the jurisdiction of the civil court is ousted if it is a matter relating to the enforcement of a right under the Industrial Disputes …

240 Days Of Work Essential In Preceding Year Of Termination: Gujarat High Court Denies Relief U/S 25F Of ID Act
3 years ago

240 Days Of Work Essential In Preceding Year Of Termination: Gujarat High Court Denies Relief U/S 25F Of ID Act

Live Law  

The Gujarat High Court has affirmed the order of the Labour Court determining that the Petitioner-workman was not entitled to reinstatement on the ground that there was discrepancy in his deposition and the documents produced by him. The Petitioner contested that the Labour Court had erred in concluding that the Petitioner had not completed 240 days of continuous service in …

Reinstatement Not Automatic In Cases Of Violation Of Retrenchment Conditions U/s 25F Industrial Disputes Act : Supreme Court
3 years, 6 months ago

Reinstatement Not Automatic In Cases Of Violation Of Retrenchment Conditions U/s 25F Industrial Disputes Act : Supreme Court

Live Law  

The Supreme Court observed that the reinstatement of terminated workmen cannot be automatic in cases of violation of retrenchment conditions under Section 25F of the Industrial Disputes Act, 1947. Thus when he cannot claim regularisation and he has no right to continue even as a daily-wage worker, no useful purpose is going to be served in reinstating such a workman …

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 …

Delhi HC Refuses To Provide Relief To Retrenched PTI Employees, Says Avail Remedy Under Industrial Disputes Act [Read Judgment]
4 years, 5 months ago

Delhi HC Refuses To Provide Relief To Retrenched PTI Employees, Says Avail Remedy Under Industrial Disputes Act [Read Judgment]

Live Law  

Delhi High Court has refused to quash the retrenchment order passed against 297 employees of the Press Trust of India by noting that the employees should rather seek statutory relief under the Industrial Disputes Act. It was further argued that the retrenched employees are 'workmen' within the meaning of Section 2 of Industrial Disputes Act, and PTI is a 'factory' …

Termination Of Workmen On The Ground That Their Appointment Is Illegal Will Amount To Retrenchment: SC [Read Order]
5 years, 9 months ago

Termination Of Workmen On The Ground That Their Appointment Is Illegal Will Amount To Retrenchment: SC [Read Order]

Live Law  

The Supreme Court has observed that Section 25F of the Industrial Disputes Act will be applicable even in cases of workmen terminated on the ground that their appointment was illegal. The question considered by the full bench was whether the termination of the service of a workman, whose initial appointment was held to be void and non est, can be …

Retrenchment Procedure Under Section 25F ID Act Not Applicable To Employee Who Abandons Work: SC[Read Judgment]
6 years, 3 months ago

Retrenchment Procedure Under Section 25F ID Act Not Applicable To Employee Who Abandons Work: SC[Read Judgment]

Live Law  

The Supreme Court has held that an employee who voluntarily abandons work cannot be treated as on in "continuous service" of the employer as per Section 2 of the Industrial Disputes Act. Therefore, procedure for retrenchment as per under Section 25F of the ID Act will not apply to such an employee. "Once it is established that the Appellant had …

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