Showing : 1-10 of 65 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Industrial Disputes Act, 1947, Section 25H-- Re-employment - Respondent's termination was held illegal and he already accepted the compensation awarded to him in lieu of his right of re-instatement in service - S.25-H of the Act thus, have no application to case, as it is not a case of retrenchment of respondent from service as contemplated..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Industrial Disputes Act, 1947, Section 25F-- Service - Theory of 240 days for continuous service - Means that a workman is deemed to be in continuous service for a period of 1 year if he during the period of twelve calender months preceding date of retrenchment has actually worked under employer for not less than 240 days...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Industrial Disputes Act, 1947, Section 25F-- Casual labourer - Retrenchment - Benefit of continuous service for a period of 240 days - Employee worked only for 195 days in immediate preceding year of his dismissal which is below required 240 days of working in period of 12 calender months preceding date of dismissal - He is therefore, not..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Industrial Disputes Act, 1947, Section 11A-- Domestic inquiry - Misconduct - Termination - Preliminary issue for deciding legality of domestic enquiry not framed by Labour Court - Further, having found fault in domestic inquiry committed another error committed by Labour Court when it did not allow employer to lead independent evidence to..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Industrial Disputes Act, 1947, Section 2(oo), 11A-- Retrenchment - Services of employee terminated by employer by way of punishment after holding departmental enquiry - Termination in question therefore, could never be regarded as retrenchment, as treated by Labour Court - Award of Labour Court and order of High Court affirming award of Labour..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Industrial Disputes Act, 1947, Section 25G, 25H-- Retrenchment - Workman has worked in two spells - Condition for working an employee for 240 days is to be counted in particular spell and not in break periods - Therefore, workman has not completed 230 days - Award set aside...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Industrial Disputes Act, 1947, Section 25F(c)-- Notice of retrenchment - Mandatory conditions of S.25F(c) of Act to retrench a workman have not been compiled with - Notice of retrenchment and order of retrenchment, held, liable to be set aside...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Service-- Termination - Reinstatement with back wages - Termination of appellant is bad in law for no, compliance of mandatory provisions of Industrial Disputes Act and Delhi School Education Act - Respondent School has not produced any evidence to show that retrenchment of appellant was necessary as he had..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Industrial Disputes Act, 1947, Section 25F(c)-- Notice of retrenchment - S.25F(c) of Act is not a condition precedent for retrenchment - But it is a condition subsequent and still a mandatory condition is required to be fulfilled by employers before order of retrenchment of workman is passed...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Service -- Misconduct - Termination - Slapping colleague - Not a premeditated attack - However, misconduct proved - Both Labour Court as well as High Court recorded concurrent findings of fact that misconduct of appellant was proved on the basis of evidence and that punishment of dismissal was shockingly..........

Showing : 1-10 of 65 Results