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MOHAMMED SHAFFIQ
I. Rathinaswamy – Appellant
Versus
Management of Tamil Nadu Tourism Development Corporation Limited, Chennai – Respondent
JUDGMENT
(Common Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records connected in common award passed by the Principal Labour Court, Chennai, in I.D.Nos. 20 to 24 and 27 to 41 of 2007 dated 27.05.2009 and quash the same insofar as the petitioners are concerned and directing the Respondents 1 & 2 to reinstate the petitioners in service with all benefits and pass such further orders as this Hon'ble Court may deem fit.)
Common Order
1. These batch of writ petitions arise out of a common order passed by the Industrial Labour Court rejecting the petitioners' claim that their retrenchments were in violation of Section 25 F of the 'Industrial Disputes Act, 1947' ( for the sake of brevity 'I.D.Act, 1947'), on the premise that the petitioners herein were not terminated by the Respondent/Corporation instead the petitioners left the services on their own volition which would not amount to “retrenchment” within the meaning of Section 2(oo) of the I.D. Act, 1947, and consequently provisions of Section
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....
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....
there is a breach of Section 25-F of the I.D. Act and as there is a delay of 11 years in preferring the reference, instead of granting reinstatement a lump sum amount as full and final settlement wil....
The requirement for continuous service under the Industrial Disputes Act includes clear definitions for interrupted service but mandates proof of 240 days of service within the preceding 12 months, w....
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