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...petition. If they have worked in terms of clause (a) of sub-section (2) of section 25(B) of Industrial Dispute Act, 1947, th...sub-section (2) of, section 25(B) of Industrial Disputes Act 1947, they be granted same salary and allowances which are being granted to regular employees holding the same/si...Swatanter Kumar, J.:— Admitted. Pleadings of the parties are complete. By consent, writ petition placed on board and called out for hearing.2. 43 petitioners have approached...
...year on several occasions and they were denied appointment in violation of Section 25-B of Industrial Dispute Act, 1947 though juniors to them were ret...money, in my considered opinion, the 3rd petitioner Nandeppa is entitled for Rs.30,000/- global compensation towards benefit under Section 25 (F) of Industrial Dispute Act.... There was a finding that the denial of employment for him was against the provisions of Section 525 (F) of Industrial Dispute Act. In that view of the matter,...
...W.P.No.8070 of 1990 dated 16.04.1994, this was also disposed of as per Section 25-B of Industrial Dispute Act, which reads as under:
2...date of continuous appointment as defined under Section 25-B of Industrial Disputes Act (I/.. In the circumstances, a Writ shall be issued to regularize the services of the petit...
26.10.1992.
b) 6 months postponement of regularization in absenteeism case as per final order No.P3/1(224)/92- GDR, dated 26.10.1992...
...Section 25 (b) of Industrial Dispute Act. 10. I have heard the learned counsel for the parties carefully as also have gone through the reco...worked for 258 days from November 1998 till October 1999 and was entitled to 41 days of weekly offs, applicant No.2 had worked for 244 days with an entitlement of 25 days of weekly offs. Thus, they...MA-799/2004 MA-799/2004 for joining together in a single application is allowed. OA-949/2003 This is the second round of litigation. The applicants S/Shri Jagdish and Sharwan Kumar...
...service as defined under Section 25-B of the Industrial Dispute Act, 1947 preceding one year from the date of his alleged retrenchment. An important as...Bench accepting the writ petition preferred by the employer Bank, giving challenge to the award dated 26.04.2003 passed by the Industrial Tribunal & Labour Court, Bikaner in Industrial Dispute Case No...HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Judgment 07/04/2017 This appeal is preferred to question correctness of the judgment dated 18.10.2016 passed by learned Single...
...contemplated under Section 25 (B) of the Industrial Dispute Act and as such non-compliance of Section 25-F (a) and (b) of Industrial ...of the petitioner as driver. Therefor, he is entitled for the relief as contemplated under Section 25-F
(a) & (b) of the Industrial Dispute Act...denied the petitioner's reinstatement and other reliefs except one month salary and compensation as contemplated under Section 25-F (a) & (b) of the Industrial Dispute Act.
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...evidence before the court in support of his contention of having complied with the requirement of section 25-B of Industrial Dispute Act; t...working for 240 days in a year; the purported order of retrenchment was illegal as the conditions precedent to section 25-F of Industrial Dispute Act were not ...Labour Commissioner made a reference on date 16.10.2018 under Section 10(1)(c) of Industrial Disputes Act.
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...Section 25-B of the Industrial Disputes Act. In the present case, the provision, which is of relevance, ...taken into account for the purpose of reckoning the number of days on which the employee actually worked, for the purposes of Section -25-F r/w. Section-25-...Industrial Disputes Act is plainly intended to give relief to retrenched workmen. The qualification for relief under ...
...he had the requisite continuous service as required by Section 25(B)(2) of the Industrial Dispute Act, (hereinafter called the ‘Act’), as he had put in regular 240 days ...procedure and complying with the conditions given in Section 25(F) of the Act. This has admittedly not been done, as a matter of fact, when the matter was put before the Lok Adalat on 27.7.1991, the...when his services were terminated. The petitioner raised an Industrial Dispute which was referred to the Labour Court for adjudication and the said Court vide its award Annexure P-3 while declining...
...for one continuous year as per the provisions of section 25-B of the Industrial Dispute Act, and if the termination does not fail in any of th...section 25-F and an industrial dispute was raised and on failure of the dispute, the matter was referred for adjudication to the Labour Court.8. On the basis of th.... Rajappa, 1978 (36) FLR 266 (SC) the activities of the corporation comes within the purview of industry as defined under section 2(j) of the Industrial Dispute ...
...continuous service for not less than one year under an employer. What is continuous service has been defined and explained in section 25-b of the industrial disputes act. In the present case, the ...of days on which the employee actually worked, for the purposes of Section-25-F r/w. Section-25-B- of the Industrial Disputes Act?"
The answer ...in this case. The Apex Court in the said judgment, while dealing with similar question has observed thus:
"Section 25-F of the industrial disputes act is...
...the meaning of sub-section (1) of Section 25-B of the Industrial Disputes Act. The case of the respondent workman was that he had worked for 240 days with the e...by the workman falls under sub-section (2) of Section 25-B of the Industrial Disputes Act, to be regarded as his continuous service, wherein the workman had to prove that he had...the respondent, of following the procedure laid down in Section 25-F of the Industrial Disputes Act.3. The respondent examined himself and deposed that he was employed f...
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7. From the record, it appears that the Labour Court observed that there is no violation of Section 25-G and 25-H of the ...violated the section 25-F of the Industrial Dispute Act, 1947, as per which notice in writing indicating the reasons for relieving must be addressed to respondent.
...breach of 25-F of the Industrial Disputes Act, 1947, when respondent workman has not worked for 240 days. Therefore, question of violation of section 25-F would not aris...
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7. From the record, it appears that the Labour Court observed that there is no violation of Section 25-G and 25-H of the Industrial Disputes Act. How...has erroneously held that there is a clear breach of 25-F of the Industrial Disputes Act, 1947, when respondent workman has not worked for 240 days. Therefore, question of violation of ...any year. It is submitted that the respondent-workman has failed to prove the basic ingredients of satisfying the provision of section 25-B of the Act . Therefore, award of the L...
...applicable in the instant case. The learned counsel has invited my attention to the provisions of Section 4-C of the Industrial Employment (Standing Orders) Act, 1946 and submitt...of Section 4-C of the Industrial Employment (Standing Orders) Act, 1946. The provisions of Section 25-B of the Industrial Dispute Act..., there is no question of completing 240 days service in a calender year as provided under Industrial Dispute Act. It is further submitted that the respondent could not be absorbed in Class IV cadre...
...the workman had put in 240 days of service in terms of Section 25(B) of the Industrial Dispute Act 1947, considered the scope of burd...Society Workers Union had raised an industrial dispute with reference to the wages condition of workman and the industrial Tribunal made an award dated 28.10.1999 upheld the claim of the workman and...543 once again dealt with the scope of the burden of proof in proving as to whether workmen have completed 240 days in order to have the benefit of Section 25(f). In such...
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not secure such employment. It is also pertinent to note that the qualification for relief under section 25-F of the Industrial Dispute Act is that he should b...more than 240 days in a calendar year. Hence, notice was mandatory under Section 25-F of the Industrial Disputes Act, 1947 (for short „the Act") indicating the reasons for retrenchment or in lieu ... continuous service of the employer for 240 days within the terms of Section 25-B of the I.D. Act. It is also not worthy, back wages are not to be mechanically ...
..., the petitioners-State filed the present petition.
7. From the record, it appears that the Labour Court observed that there is no violation of Section 25-G and 25-H of the ...of 8
Act, 1947. Therefore, the petitioner has violated the section 25-F of the Industrial Dispute Act, 1947, as per which...2000, however not continuously for 240 days in any year. It is submitted that the respondent-workman has failed to prove the basic ingredients of satisfying the provision of Section 25- B of the ...
...provisions of section 25-F of the Industrial Disputes Act, 1947 and also of section 25-N...the Industrial Disputes Act is applicable to the Orissa State Electricity Board by virtue of section 25-K of the...the Industrial Disputes Act and as such, there is no denial of the fact that there was violation of the provisions of section 25-F in effecting the retrench...
...in fact amounts to an ‘unfair labour practice’ as included in the ‘fifth schedule’ to the Industrial Dispute Act, and is liable to be proceeded with, by virtue of the penal provision as provided under ...the Industrial Dispute Act defines the term ‘continuous service’. Once a ‘workman’, as defined under Section 2(s) of the Industrial...State Bank of India v. Sundaramony (1976 SCC 1111). It was thereafter, that the Industrial Dispute Act itself came to be amended, incorporating clause...