...distinction between legal and illegal retrenchment.10. Retrenchment, in labour and service jurisprudence, connotes the discharge of surplus labour in a running or continuing industry for any...section 25F of the Industrial Disputes Act, 1947 is the distinction between legal retrenchment and illegal retrenchment. A ..., 1947 constitutes legal retrenchment. A fortiorari, any retrenchment effected in derogation of any of the conditions stipulated in the said section 25F constitutes illegal retrenchment. However, while...

...in the case of 13 workers. It has been held by the Labour Court that there could not be legal retrenchment as conditions precedent under S. 25-F of the Industrial Disputes...Court was only of 13 workmen and, therefore, the reference to the Labour Court was legal and proper.3. It may be mentioned in passing that out of 13 workmen, only 9 ultimately appeared...before the Labour Court. The Labour Court, after rejecting the employer's contention that the reference was not legal, considered the same on merits. The workmen gave evidence through affidavits and...

...it was also not a case of legal retrenchment because no prior compensation as contemplated under Section 25(ff) of the Act has been awarded to the respondent No. 1. It was, therefore, held that it is...the reference and submitted his claim petition praying for setting aside of his termination order on factual as well as legal submissions. The petitioner despite service, did not choose to appear...a case of an illegal retrenchment and hence, respondent No. 1 should be reinstated in service alongwith backwages because respondent No. 1 was not found gainfully employed after his services were...

...passing the said order. Thus his termination is held as legal retrenchment but not in order but keeping in view the peculiar facts of the case and time involved it would be just and proper that only a....”4. We do not agree with the reasons given by the Labour Court, No. enquiry was held and, therefore, the termination cannot be said to be legal. Learned counsel for respondent No. 1 argued...

...and encashed. Hence, conditions precedent for a legal Retrenchment under section 25f of the i.d act were complied with;(viii) The Petitioner has not come to Court with clean hands and.... 22,500/- which included Retrenchment compensation and conditions precedent for a legal Retrenchment under section 25f of the i.d act were complied with. Thus, on the own showing of the Respondent it had...complied with the conditions precedent for a legal Retrenchment under section 25f of the i.d act. Now, if the Respondent is not an industry as claimed by it, there was no question of complying with...

.... Industrial Disputes Act it is mandatory that for the purposes of effecting legal retrenchment the principle of last come first go has to be followed. Absolutely no findings have been...view of the matter, having regard to the judgment of Hon'ble Supreme Court referred to by the counsel for the petitioner in JT 1998 (3) SC 47, as well as 1993 (67) FLR 111, the employers are under legal...Article 14. 13. In view of the aforesaid settled legal proposition and in view of the admitted fact that the employers did not afford any opportunity of hearing to the workman before...

...accepted. In case he had continued to be in the service of the appellant, he would not have been entitled to retrenchment compensation from Sindhu Hotchief and, even if Sindhu Hotchief had any legal...sister concern and did not take him back in its organisation, where he had a genuine claim of service, the appellant should please pay off his legal claims in respect of retrenchment compensation and one...payment of retrenchment compensation and all other dues payable to him. On 21st February, 1958, Respondent 3 went to the office of the appellant, reported himself for duty and requested that he might...

.../employment was not legal and the respondent had complied with the conditions of a valid retrenchment.13. In our view, the approach adopted by the Division Bench is...giving him notice or pay in lieu thereof or retrenchment compensation and without complying with mandate of Section 25-N of the Act. Another plea taken by the appellant was that no seniority list of the...him.(b) That Para 1(b) of the claim statement is wrong and denied, as already explained above the retrenchment compensation as per Section 25-F of the ID...

...Atalani is legal and proper. Consequently, they urged to set aside the impugned judgement and order of the School Tribunal. 4. Heard learned counsel for the parties...) of services on account of retrenchment. AT the same time, Rule 26 will have to be read alongwith Rule 27 of the MEPS Rules. Sub-Rule (2) (iii) of Rule 26 reads as follows...acknowledgement due letter, and till they are absorbed, the Management shall not be permitted to effect retrenchment on account of any reasons mentioned in sub-rule (1)." Plain...

...year and further held that the dispensing with the services of the petitioner amounts to legal retrenchment being made without compliance of Section 25(B) and 25(F) of Industrial Dispute Act, therefore...advantageous position vis-à-vis the employee or workman. He can avail the services of best legal brain for prolonging the agony of the sufferer i.e. the employee or workman, who can ill-afford the...against his illegal retrenchment which, in the present case, continued for 17 years and further 5 years was taken by the employer to comply the said order. 9. Therefore...

...necessary for State Authority to note that even in case of legal retrenchment, if any fresh employee is appointed or recruited as daily wager, then, under section 25-H of ID Act, 1947..., it is legal obligation upon State Authority to recall concerned workmen, those who have been earlier retrenched by State Authority, therefore, mandate of section 25-H of ID...

...termination compensation would be paid to them as if the said termination was retrenchment. The words ‘as if’ bring out the legal distinction between retrenchment defined by Section 2(oo) as it was...judgment and order dated 19-4-1995 holding:“(i) The respondent workmen retrenched by the Company in August 1977 did not challenge retrenchment. The Company, thereafter....(iii) Under Section 25-H, a workman can claim re-employment after retrenchment only from that employer who had retrenched him. In the instant case, the workmen had never been in the...

...the legal distinction between retrenchment defined by Section 2(oo) as it was interpreted by this Court and termination of services consequent upon transfer with which it deals. In other words, the...appellant on October 7, 1959. It was agreed between the appellant and the Company that the Company should pay retrenchment compensation to its employees and terminate their services leaving the appellant full...freedom to choose its own employees. Accordingly, Rs 1,90,000 were paid by the Co., to its employees by way of retrenchment compensation. Before the completion of this transaction, however, the...

...Division Bench of the Court ruled that the respondent “was entitled to retrenchment compensation” which, not having been paid, “the termination would be invalid”. The subtle legal issue, substantial in its...only ground that there was no retrenchment of the respondent employee [within the meaning of Section 2(oo) of the Industrial Disputes Act, 1947 (Act 14 of 1947) (hereinafter called “the Act”)] and...covered by the subject-matter being one which cannot be left in legal twilight.The facts5. One of the two employees involved in...

..., thus, a legal fiction is created. The retrenchment of the respondent took place on 17-5-1995. For the purpose of calculating as to whether he had worked for a period of 240 days within one year or not...entitled to.”6. The case of the respondent before the Tribunal was that as he had completed working for 240 days in a year, the purported order of the retrenchment...days in the preceding twelve months prior to his alleged retrenchment. In terms of Section 25-F of the Industrial Disputes Act, 1947, an order retrenching a workman would not be effective unless the...

...by the transfer or closure of the undertaking would be entitled to compensation, as if the said termination was retrenchment. As it has been observed, the words “as if” brought out the legal...illegally without payment of retrenchment compensation under the Industrial Disputes Act, 1947, hereinafter referred to as ‘the Act’, and that they were entitled to reinstatement...view that it amounted to retrenchment and the provisions of Section 25-F of the Act having not been complied with the termination was illegal. The appellant's writ petition therefrom was dismissed...

...full back wages as claimed by Shri Gupta, the said Shri Gupta would be entitled to one month's notice pay together with the legal retrenchment compensation, less any amount that might have been received...it the retrenchment order was void ab initio. In my view there is no legal bar which precludes the company to retain the service of the petitioner alter his attaining the age of 65 years or so and if...retrenchment compensation to which the petitioner was entitled under S. 25F of the Industrial Disputes Act. On the...

...appropriate Government by notification in the Official Gazette.”8. Therefore, for a proper and legal retrenchment of the workman, he should be given one month's notice indicating the reasons...-named Muraleedaran Nair including claim for retrenchment compensation had been paid by the previous owner of the vehicle. According to the petitioner, the above-named Muraleedaran Nair was employed by...employee and the union representing the case of the employee did not act pursuant to the said retrenchment notice. They filed exhibit P-1 claim statement before the second respondent, Industrial Tribunal...

...retrenchment compensation are the employees entitled, if it is decided that the proposed closure is proper and justified?”4. The reference was evidently made in...management's decision to close down the business. On the other question, the respondent did not dispute its liability to pay retrenchment compensation to the workmen but it contended that neither of the...secondly, whether they had jurisdiction to go into the question of retrenchment compensation. The High Court has held on the first question that the jurisdiction of the Tribunal in industrial disputes...