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VIJAY KUMAR SHUKLA, ANIL VERMA
Avtec Limited – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
VIJAY KUMAR SHUKLA, J. - The present Writ Appeal is filed under Sec. 2(2) of Madhya Pradesh Uchcha Nyayalaya Khandpeeth Ko Appeal Adhiniyam 2005 being aggrieved by the order dtd. 21/10/2021 passed in WP No.5344/2020 by which the writ petition filed by the respondent No.3 and 4 has been allowed and the order dtd. 17/2/2020 rejecting reference application u/S.25-N(6) has been set aside and the respondent No.2 has been directed to refer the dispute to the Tribunal for adjudication.
2. Facts of the case are that the appellant AVTEC Limited submitted an application on 25/10/2019 u/S.25-N of the Industrial Disputes Act, 1947 (hereinafter referred as 'Act') seeking permission for retrenchment of workmen from its Pithampur plant. The notices were issued by the Labour Commissioner and on an objection raised by the Union/Workmen, the said application was rejected for want of procedure and liberty was granted to the appellant to file fresh application u/S.25-N of the Act. The respondent No.3 Union moved an application for reference on the said order whereby the appellant was permitted to file fresh application. Since the application filed by the appellant was not rejected and, therefo
The main legal point established in the judgment is that the provisions of Sec.25-N(6) of the Industrial Disputes Act, 1947 confer a vested right on the employer or employee to make an application fo....
The deeming fiction of permission for retrenchment under Section 25 N of the Industrial Disputes Act, 1947, and the availability of an effective alternative remedy for the appellant under the Act.
The main legal point established in the judgment is that the Industrial Tribunal did not exceed the scope of the reference and considered all applicable statutes, including the Industrial Disputes (U....
Section 10 reads as reference of disputes to Boards, Courts or Tribunals.
Statutory compliance under Sections 25(F) and 25(G) of the Industrial Disputes Act is crucial in retrenchment cases for legality, with repercussions for failure to adhere to these provisions.
A government's refusal to refer an industrial dispute for adjudication based on purported lack of service continuity without exploring all relevant circumstances is improper.
A workman must demonstrate that an industrial dispute remains alive despite delays; failure to do so renders the dispute stale and unenforceable.
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