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2005 Supreme(Ker) 733

K.S.RADHAKRISHNAN, K.T.SANKARAN
Peirce Leslie India Ltd Cashew Division – Appellant
Versus
The Secretary, Centre of Indian Trade Unions – Respondent


Judgment :-

Radhakrishnan, J.

Primarily two questions of law have arisen for consideration in these cases, one is whether the liability of the management to provide re-employment under section 25H of the Industrial Disputes Act even in the event of a valid retrenchment, would cease on expiry of the time limit of 1 year prescribed under Rule 78 of the Kerala Industrial Disputes Rules, 1957 and another is whether in the case of a closure of an undertaking under Section 25FFF of the I.D. Act the workmen could claim re-employment under Section 25H of the Act. We will deal with the first question first.

Rule 78 of the Kerala Industrial Disputes Rules, 1957

2. Conflicting views have been expressed by two learned Judges of this Court in O.P.10251 of 1985 and OP.6579 of 1986 on this question and hence these matters have been placed before us for an authoritative pronouncement. The view expressed in OP.10251/85 was that liability of the management to provide re-employment to retrenched workmen under section 25H would cease on the expiry of the time limit of one year prescribed under Rule 78 of the Kerala Industrial Disputes Rules and the workmen cannot seek any claim to the vacancies which ari

































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