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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Rajeev Gupta – Appellant
Versus
State of H.P – Respondent
| Table of Content |
|---|
| 1. challenge to legality of daily wage employee's retrenchment under section 25f (Para 1 , 2) |
| 2. contractual co-terminus engagement justifies termination without regularization (Para 3) |
| 3. section 25-f(c) is mandatory condition precedent to valid retrenchment (Para 4) |
JUDGMENT :
Jyotsna Rewal Dua, J.
Reference under Section 10(1) of the Industrial Disputes Act, 1947 was answered against the petitioner by the learned Labour Court-cum- Industrial Tribunal, Dharamshala, H.P. Petitioner feels aggrieved against the aforesaid award and hence, has preferred the instant writ petition.
2. Following reference was sent by the appropriate Government for adjudication to the learned Labour Court- cum-Industrial Tribunal:-
“Whether the termination of services of Shri Rajeev Gupta s/o Shri Kedar Nath Gupta, Data Entry Operator by the Deputy Commissioner, Kangra at Dharamshala, District Kangra, H.P. w.e.f. after serving him 24 hours notice dated 20.04.2002 (copy enclosed) alongwith draft of Rs.2700/- in lieu of one month notice after paying him retrenchment compensation amounting to Rs.12,150/- is legal and justified? If not, to what back wages, service benefits and relief the above aggrie
Non-compliance with mandatory Section 25-F(c) notice to appropriate Government renders retrenchment illegal, vitiating termination despite other conditions met.
Daily wage worker - Conditions precedent to retrenchment of workmen - Quantum of compensation - Termination of service of employee by way of retrenchment without complying with requirement of giving ....
It is settled law that for attracting applicability of Section 25-G of Act, workman is not required to prove that he had worked for a period of 240 days during 12 calendar months preceding terminatio....
The main legal point established is that even temporary employees can be considered 'workmen' under the Industrial Disputes Act, and termination without complying with Section 25(F) may entitle the e....
Section 10 reads as reference of disputes to Boards, Courts or Tribunals.
Termination of service It cannot be presumed that any junior is considered without there being any evidence on record and the learned Single Judge has therefore rightly come to the conclusion that th....
Termination of a workman on a contractual basis may not constitute retrenchment if the employment is of a permanent nature, and unfair labor practices may warrant compensation instead of reinstatemen....
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