Court : Chennai
Reported in : 2006(3)CTC753; (2007)ILLJ28Mad; (2006)2MLJ848
..... section 25n of the industrial disputes act, 1947, refers to 'conditions precedent to retrenchment of workmen ..... court by way of present writ petitions, challenging the action of the respondents in deciding to retrench 862 employees including the petitioners, who are permanent employees of the board, which is in violation of section 25n of the industrial disputes act, 1947, as well as articles 14 and 16 of the constitution of india. ..... board is an 'industry', it is bound by the mandatory prohibitions imposed by the industrial disputes act, 1947, in regard to retrenchment.section 25n of the i.d. ..... section 2(j) of the industrial disputes act, 1947, defines 'industry' as follows:-'industry' means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft or industrial occupation or avocation of workmen ..... as per section 25n of the industrial disputes act, no employer, who employs more than 100 workmen, can retrench his employees without the prior permission of the appropriate government in the prescribed manner and paying a statutory compensation as well as issuing ..... of the learned counsel for the petitioners are, (a) the retrenchment effected is in violation of section 25n of the industrial disputes act, hence, the impugned action is illegal. ..... consider as to whether the impugned order of the government to retrench 862 employees is in violation of section 25n of the industrial disputes act as claimed by the petitioners. 25. .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)ILLJ32All
..... as regards the third condition relating to employment of more than one hundred workmen, in paragraph 6 of the writ petition the appellant has stated as follows:'6 that it may be stated that in the sugar factory of the respondent company more than 100 workmen are employed and the provisions of section 25n contained in the industrial disputes act, 1947, hereinafter to be referred to as central act, would apply. ..... for ready reference, relevant clauses of section 25n are being reproduced below- '25-n conditions precedent to retrenchment of workmen (i) no workman employed in any industrial establishment to which this chapter applies, who has been in continuous service for not less than one year under an employer, shall be retrenched by that employer until, (a) the workman has been given three months notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice ..... section 25k has laid down the conditions precedent for applying the said chapter to an industrial establishment. ..... unless the conditions precedent laid down for applying chapter v- b are satisfied, the appellant cannot take the advantage of section 25n. .....
Tag this Judgment!Court : Kolkata
Reported in : (1978)IILLJ521Cal
..... section 25f of the industrial disputes act, 1947 prescribed the conditions precedent to a valid retrenchment of industrial employees. ..... relevant portions of section 25n, which is in chapter vb of the industrial disputes act, 1947 and which came; into effect on and from 5th march, 1976, read as follows : ...25n. ..... the permission prayed is accordingly refused under provisions of section 25n(2), industrial disputes act, 1947.3. ..... conditions precedent to retrenchment of workmen--(1) no workman employed in any industrial establishment to which this chapter applies, who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until,-(a) the workman has been given three months' notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of notice :provided that no such notice ..... urged that the state government under section 25n had no power in considering ah application for permission to go beyond the existing industrial law on the point of retrenchment and that existing industrial law, according to counsel, was that by and large decision regarding retrenchment bona fide taken was within the domain of managerial decision and discretion and could not be interfered with either by the tribunal under the industrial adjudication or by the state government in exercise of the power under section 25n of the act.6. .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC2251; (2002)3UPLBEC2231
..... court held, infer alia, that establishment of the respondent company came within the purview of 'factory' as defined by section 2(m) of the factories act for the purpose of applicability of section 25n of the industrial disputes act, 1947, the provisions whereof were applicable to the facts of the present case, and since the retrenchment notices were concededly issued without following the conditions precedent, termination of the services of the petitioners-workmen, would necessarily be treated as void and of no legal effect. ..... section 25n providing 'conditions precedent to retrenchment of workmen' has no application to the present case since termination of the services of the petitioners cannot be construed as 'retrenchment' in terms of section 25f of the act ..... is not disputed that in case retrenchment notices were based on actual closure of anpara rihand nagar project then, question of violation of section 25n of the industrial disputes act, 1947, would not ..... termination of services of petitioners without complying with the provisions of section 25n of the industrial disputes act, 1947, is null and void, the present being not a case of termination of services as a ..... of the said notices they filed the present writ petitions contending inter alia that the same were issued in violation of the provision of section 25f of industrial disputes act, 1947 (hereinafter referred to as 'the act') besides being arbitrary, discriminatory and violative of articles 14 and 16 of the constitution.16. .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(2)BomCR276; (1986)IILLJ113Bom; 1986MhLJ202
..... 2 granted permission to the 3rd respondent to retrench 111 workmen who were recruited by the company in the years 1982 and 1981 and 5 clerical staff subject to the condition that in effecting retrenchment the principles laid down in chapter v-a of the industrial disputes act, 1947 shall be followed scrupulously. ..... such permission is a condition precedent to retrenchment of workmen. ..... (2) as a condition precedent to retrenchment of workmen. ..... 25n(1)(c) of the industrial disputes act, therefore, an employer desiring to retrench workmen has to serve a notice on the appropriate government and seek permission for such retrenchment. ..... 25n(1)(c), 25n(2), 25n(3) and 25n(/) of the industrial disputes act, 1947 at the material time were as follows :25n. ..... conditions precedent to retrenchment of workmen :- (1) no workman employed in any industrial establishment to which this chapter applies, who has been in continuous service for not less one year under an employer shall be retrenched by that employer until :- xxx xxx xxx(c) notice in the prescribed manner is served on the appropriate government or such authority as may be specified by the appropriate government by notification in the official gazette, and permission of such government or authority is ..... section 25n(1)(c) of the act required notice in the prescribed manner being served on the appropriate government or such authority as may be specified as provided in that section and permission of such authority being obtained under sub-s. .....
Tag this Judgment!Court : Gujarat
Reported in : (1993)1GLR573; (1993)IILLJ519Guj
..... section 25n(1) is intended to cover conditions precedent to retrenchment of workmen : one under clause (a) and the other under clause (b). ..... conditions precedent to retrenchment of workmen. ..... in this special civil application, the challenge is of the order of the specified authority (rajkot) under section 25-n of the industrial disputes act, 1947, hereinafter referred to as 'the act', according permission to respondent no. ..... fulfilment of clause (a) of section 25n(1) is not a condition precedent for according permission under clause (b), but is a condition precedent for retrenchment as such. ..... while both clauses (a) & (b) of section 25n(1) are conditions precedent for a valid retrenchment, they do not impinge into each other. ..... sub-section (1) of section 25n sets forth two conditions that should precede retrenchment of the workman. ..... in view of the discussion set down as above, the petitioners if per chance should prefer to go before any industrial forum challenging the order of retrenchment on the ground that clause (a) of section 25n(1) has not been satisfied, certainly the liberty as theirs and we have no say over matter here. ..... (1) no workman employed in any industrial establishment to which this chapter applies, who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2007(113)FLR1]; (2007)IILLJ95SC; 2007(3)MhLj354; 2006(13)SCALE558; (2007)2SCC112; [2007]2SCL423(SC); 2007(2)SLJ423(SC);
..... the question which fell for determination was whether the provisions of section 25n of the industrial disputes act, 1947 are attracted or not and whether for non-compliance of the conditions contained in section 25n, retrenchment order as well as award are illegal and non est.9 ..... act equivalent to section 25n of the industrial disputes act, the said section 25n will not apply to the present case.the labour court further held that section 25n is contained in chapter v-b of the industrial disputes act and the said chapter, as per section 25k only applies to those industrial establishments which employ 100 or more ..... is thus clear that section 25n was brought in for the purpose of giving protection to workmen against retrenchment by making prior scrutiny by the government as a condition precedent.32. mr ..... relevant portion of para 22 is set out herein below:by requiring prior scrutiny of the reasons for the proposed retrenchment in industrial establishments employing not less than 300 workers, section 25n seeks to prevent the hardship that may be caused to the affected workmen as a result of retrenchment because, at the commencement of his employment, a workman naturally expects and looks forward to security of service spread over a long period and retrenchment destroy his hopes and expectations ..... . as noted earlier, sub-section (1) of section 25n lays down the procedure as conditions precedent to retrenchment of workmen employed in an 'industrial establishment1 to which chapter v-b .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC355; [1999(81)FLR162]; JT1998(9)SC351; (1999)ILLJ317SC; 1998(6)SCALE424; (1999)1SCC596; [1998]Supp3SCR343; (1999)1UPLBEC336
..... section 25f provides conditions precedent to retrenchment of workmen and lays down that 'no workman employed in any industry who has been in continuous service for not less than one years under an employer shall be retrenched by that employer until the employer fulfils the conditions laid down in clauses (a), (b) and (c) of the act of the said section'. ..... divikar, : [1957]1scr121 , wherein it was observed that:'the word retrenchment as defined in section 22(oo) and the words 'retrenched' in section 25f of the industrial disputes act, 1947, as amended by act xliii of 1953, have no wider meaning than the ordinary accepted connotation of those words and mean the discharge of surplus labour or staff by the employer for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, and do not include termination of services of all workmen on a bona fide closure of industry or on change of ownership or management thereof. ..... were employed only for rihand nagar project or they were employees of the company from the very inception of their service; (4) even if section 25n of the act is not applicable, whether the termination orders were violative of articles 14, 16 and 21 of the constitution of india and consequently impugned retrenchment orders of 1993 under section 25f of the act were liable to be set aside being arbitrary, illegal and not justified; (5) whether fresh notices of termination issued after decision of the division .....
Tag this Judgment!Court : Allahabad
Reported in : (1998)IILLJ419All; (1997)2UPLBEC1295
..... the provision regulating retrenchment as contained in section 25f of the industrial disputes act (central) is to the following effect:-'25-f conditions precedent to retrenchment of workmen. ..... the relevant portion of section 25n of the industrial disputes act, 1947 (central act) is as follows:'25-n. ..... it is, therefore, obvious that the employer-had to comply with mandatory requirements contained in section 25n of the industrial disputes act, 1947 (central act).45. ..... it is, therefore, obvious that even on the aforesaid count the impugned retrenchment could not be taken to have become effective or operative as the mandatory requirements of section 25n of the act and the pre-requisite conditions contemplated therein had not been satisfied or complied with while taking recourse to the retrenchment in question.48. ..... the claim of the respondents is that the retrenchment has been effected in accordance with law but the petitioners assert that even taking into consideration the assertion made by the respondent themselves, the impugned retrenchments is patently illegal and the mandatory requirement contemplated under section 25n of the central act and section 6-n of the u.p. ..... in the present case, there is nothing on the record to indicate that the aforesaid mandatory requirement envisaged under section 25n of the industrial disputes act, 1947 (central) were complied with. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1987)ILLJ469MP; 1986MPLJ152
..... conditions precedent to retrenchment of workmen-(1) no workmen employed in any industrial establishment to which this chapter applies, who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until-(a) the workmen has been given three months' notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice; and(b) the prior permission of the ..... the only relevant statutory provisions are sections 2(cc) and 2(ka) and sections 25n and 25o of the industrial disputes act, 1947, as they exist after amendment of the principal act by act no. ..... the conclusion of the state government, therefore, is that the reasons stated by the employer are not adequate for granting permission to effect either closure under section 25o or retrenchment alone under section 25n and the interests of the general public and/or interests of the workmen require that the available avenues to prevent losses in the board mills division, one of which is in the agreement dated 15th may 1985, should be first exhausted and then only such permission ..... no doubt, this too is a relevant factor and not an extraneous consideration in making such a decision whether in the context of closure under section 25o or retrenchment under section 25n since it relates to the factor of public interests as well as interests of the workmen as a whole. .....
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