Retrenchment compensation can be claimed
only against existing establishment and not a closed one.
Ram Janam Singh vs. Ashok Kumar
Jain. 2011(128) FLR 97 (Jharkhand HC)
When the workman performance was found
unsatisfactory, compensation in lieu of reinstatement would be appropriate even
though his retrenchment was illegal.
Prakesh Chand Agrawal vs.
Presiding Officer, Labour Court (II), Kanpur & Anr. 2011 LLR 167 (All. HC)
When workers were recruited for a
specific program not as permanent employee, such workers can't acquire permanent
status. Such retrenchment is not illegal.
Vijay Kumar Bajpayee vs. M.P.
Urga Vikas Nigam Ltd. and Another. 2011 (128) FLR 672 (MP HC)
Even if employer did not comply
with the provisions of section 25-F of I.D. Act regarding payment of
compensation while terminating the services, payment of consolidated
damages/compensation Daily wager completed 240 days will be entitled of benefit
of sec. 25F of I.D. Act. Retrenchment without compliance
illegal.
Yog Raj vs. State of Himachal
Pradesh. CLR I 2011 P. 1011 (Himachal Pradesh HC)
For applicability of sec. 25F of
ID act there is no distinction between a permanent and the muster roll
employee. Muster roll employee terminated
without retrenchment compensation who
worked for more than 7 years will be
entitled to reinstatement with full
consequential benefits.
Subhash Chand vs. Municipal
Corporation of Delhi. 2011 LLR 791 (Del. HC)
Under U.P. ID Act even the probationer or an appointee for a fix period is entitled to the benefit of sec. 6N. Retrenchment compliance is mandatory in these cases too.
Under U.P. ID Act even the probationer or an appointee for a fix period is entitled to the benefit of sec. 6N. Retrenchment compliance is mandatory in these cases too.
Managing Director, Pradeshik
Co-operative Dairy Federation Ltd., Lucknow
and Another vs. Presiding Officer, Labour
Court, Agra and Others. 2011 LLR 799 (All. HC)
After lapse of 35 years from retrenchment, even if it was held
illegal, compensation of Rs. Two Lakh
shall serve the end of justice in place of
reinstatement with back wages.
State of Bihar vs. Gajadhar Singh
(Amin) 2011 LLR 830 (Patna HC)
No reinstatement even if there is
no compliance of retrenchment
procedure of paying notice and compensation.
Instead 50% back wages as damages would
be
Damodar Valley Corporation & Ors. vs. Souvik Sarkar and Ors. 2011 LLR 174 (Cal. HC)
Damodar Valley Corporation & Ors. vs. Souvik Sarkar and Ors. 2011 LLR 174 (Cal. HC)
