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 voluntarily abandoned her service, she could not have been in “continuous service” as defined under S. 2 the I.D. The Appellant’s conduct would constitute a voluntary abandonment of service, since the Appellant herself had declined to accept the various offers of service in the Bank" Finding that the Bank was generous in granting her severance package, in excess of compensation that the appellant was entitled under law, the appeal was dismissed.

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History of this topic

S.25FFF ID Act | Enterprise Shutting Due To Financial Difficulties Not 'Unavoidable Circumstance' To Deny Retrenchment Compensation: J&K High Court
1 year, 4 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 …

Continuity Of Service With Back Wages Can Be Directed In Cases Where The Retrenchment Was Not Bona Fide : Supreme Court
2 years, 7 months ago

Continuity Of Service With Back Wages Can Be Directed In Cases Where The Retrenchment Was Not Bona Fide : Supreme Court

Live Law  

The Supreme Court observed that continuity of service can be directed in cases where the retrenchment was not bona fide.Armed Forces Ex Officers Multi Services Cooperative Society Ltd 'retrenched' the services of fifty-five employees, on the grounds that it had closed its business. Headnotes Industrial Disputes Act, 1947 ; Section 25F - Retrenchment - Principle of law that reemployment of …

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 …

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 …

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 …

SC rejects plea of employee who ‘abandoned work’
6 years, 2 months ago

SC rejects plea of employee who ‘abandoned work’

The Hindu  

Retrenchment procedure under the Industrial Disputes Act will not apply to employees who have voluntarily “abandoned” work, the Supreme Court has held. The intention of an employee to ‘abandon’ his work can be deduced from the facts and circumstances of each case, a Bench of Justices A.M. Sapre and Indu Malhotra observed in a recent judgment. The case concerned a …

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