Violation Of Retrenchment Conditions U/s 25F Industrial Disputes Act Would Not Automatically Entail Reinstatement With Full Back-wages: Supreme Court
3 years, 5 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 of Section 25F of the Industrial Disputes Act, 1947, would not automatically entail in the reinstatement with full back wages. vs. Keshab Deb and Rajasthan Lalit Kala Academy vs. Radhey Sham to contend that violation of Section 25F of the Industrial Disputes Act, 1947 does not automatically entail in reinstatement with back wages. The judgments relied upon by Mr. Kapur are clear to the effect that violation of Section 25F of the Industrial Disputes Act, 1947, would not automatically entail in the reinstatement with full back wages.

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History of this topic

Labour Court Awards Compensation Instead of Reinstatement for Casual Laborer
2 months, 1 week ago

Labour Court Awards Compensation Instead of Reinstatement for Casual Laborer

Live Law  

The Bombay High Court upheld the Labour Court's decision to award monetary compensation instead of reinstatement to a casual laborer whose services were terminated without following due process. The court emphasized that while termination without following Section 25F of the Industrial Disputes Act, 1947 is illegal, reinstatement is not an automatic remedy, especially when the employee has found similar employment …

Labour & Service Weekly Round-Up: 22nd April to 28th April 2024
8 months, 1 week ago

Labour & Service Weekly Round-Up: 22nd April to 28th April 2024

Live Law  

Allahabad High Court Industrial Disputes Act | Labour Court Has Ample Power To Examine Correctness Of Finding Of Inquiry Officer In Discharge Or Dismissal Order: Allahabad High Court Case Title: Charan Pal Singh vs. Presiding Officer Labour Court Second Up Ghaziabad And Another 2024 LiveLaw 264 Case Citation: 2024 LiveLaw 264 The Allahabad High Court single bench of Justice Dinesh …

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

Industrial Disputes Act | Employer's Failure To Assign Work To Employee Deemed Retrenchment: Jammu & Kashmir High Court
1 year, 4 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 …

Employee Can't Challenge Departmental Enquiry Findings 'On Grounds Of Adequacy Or Reliability' Under Article 226: Delhi High Court
1 year, 11 months ago

Employee Can't Challenge Departmental Enquiry Findings 'On Grounds Of Adequacy Or Reliability' Under Article 226: Delhi High Court

Live Law  

The Delhi High Court has said that findings of departmental authorities in disciplinary proceedings cannot be challenged by the employee under Article 226 of the Constitution of India, on the grounds of adequacy or reliability. The court was dealing with a writ petition filed by a bank employee, who was dismissed from service in 1995 for misconduct and fraud after …

Reinstatement A Normal Course When S.25(F) ID Act Is Violated, Not Compensation: Gujarat HC Grants Relief To State-Employed Sweeper
2 years, 4 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, 4 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 …

S.33C Industrial Disputes Act Is For Execution Of Award, Labour Court Can't Enter Adjudicatory Process To Decide Disputed Facts: Gujarat High Court
2 years, 6 months ago

S.33C Industrial Disputes Act Is For Execution Of Award, Labour Court Can't Enter Adjudicatory Process To Decide Disputed Facts: Gujarat High Court

Live Law  

The Gujarat High Court has made it clear that Section 33C of the Industrial Disputes Act, 1947, is for the purpose of execution of the award or dealing with the pre-existing right or benefit arising out of the settlement of a workman against his employer. The same does not make way for a Labour Court to enter into an adjudicatory …

Section 25F ID Act Will Apply To Employee's Retrenchment Even If Appointment Was Irregular : Supreme Court
3 years, 2 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, 4 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 …

Delhi HC Refuses To Provide Relief To Retrenched PTI Employees, Says Avail Remedy Under Industrial Disputes Act [Read Judgment]
4 years, 3 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 A Probationer During The Period Of Probation Does Not Amount To Retrenchment: Delhi HC [Read Order]
4 years, 4 months ago

Termination Of A Probationer During The Period Of Probation Does Not Amount To Retrenchment: Delhi HC [Read Order]

Live Law  

In a significant order, the Delhi High Court has reiterated that termination of services of a probationer does not amount to 'Retrenchment' under Section 2 of the Industrial Disputes Act, 1947. "The law with respect to the termination of service of a probationer is well-settled that termination of a probationer during the period of probation does not amount to retrenchment …

Industrialists say changes to Industrial Disputes Act was a long-pending demand
4 years, 5 months ago

Industrialists say changes to Industrial Disputes Act was a long-pending demand

The Hindu  

Industrialists say it was more than three decades after their demand that the Karnataka government decided to promulgate the Industrial Disputes and Certain Other Laws Ordinance, 2020, that seeks, among other things, to change Chapter 5 of the Industrial Disputes Act, 1947. The Chapter 5 of the Act that deals with the government permission required to layoff, retrench or close …

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