Retrench - Law Dictionary Search Results
Home Dictionary Name: retrenchRetrenchment
Retrenchment, in its ordinary connotation is discharge of labour as surplus though the business or work itself is continued, S.M. Nilajkar v. Telecom District Manager, (2003) 4 SCC 27.Means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action but does not include--(a) voluntary retirement of the workman; or(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or(c) termination of the service of a workman on the ground of continued ill-health. [Industrial Disputes Act, 1947 (14 of 1947), s. 2 (oo)]T...
Retrenchment compensation
Retrenchment compensation, 'retrenchment com-pensation' is not a retirement benefit at all. As the expression 'retrenchment compensation' indicate it is compensation paid to a workman on his retrenchment and it is intended to give him some relief and to soften the rigour of hardship which retrenchment inevitably causes, Indian Hume Pipe Co. Ltd. v. Workmen, AIR 1960 SC 251 (253): (1960) 2 SCR 32. (Industrial Disputes Act, 1947, s. 25F)...
Retrenchment
The act or process of retrenching as the retrenchment of words in a writing...
Retirade
A kind of retrenchment as in the body of a bastion which may be disputed inch by inch after the defenses are dismantled It usually consists of two faces which make a reeumlntering angle...
Retrench
To cut off to pare away...
Non-employment
Non-employment, word 'non-employment' would include retrenchment as well and a person whose services have been terminated or discharged albeit illegal cannot at all be said to be a person in service, much less in continuous service. The period of non-employment or the period after discharge cannot be counted for the purpose of giving continuity of service, State of Tamil Nadu v. Nellai Cotton Mills Ltd., (1990) 2 SCC 518 (523). [T.N. Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 (46 of 1981), s. 3(2)] [S. 2(g), Trade Union Act]...
Salary or wages
Salary or wages, means all remuneration (other than remuneration in respect of over-time work) capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes dearness allowance (that is to say, all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living), but does not include--(i) any other allowance which the employee is for the time being entitled to;(ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles.(iii) any travelling concession;(iv) any bonus (including incentive, production and attendance bonus);(v) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the employee under any law for t...
Termination
Termination, does not amount in all cases to dismissal or removal from service, Hartwell Prescott Singh v. Uttar Pradesh Government, AIR 1957 SC 886.Termination, in ordinary parlance may include termination for misconduct; but in the light of rules and prevailing practice, the meaning of the word has come to be restricted to contractual termination unconnected with any idea of punishment for misconduct, Devraj Urs v. General Manager, Mysore State Road Transport, Corporation, AIR 1971 Mys 99: 1970 (2) Mys LJ 496: 1971 Lab IC 469.Termination embraces not merely the act of termina-tion by the employer, but the fact of termination howsoever produced. Retrenchment means 'to end, conclude, cease', State Bank of India v. N. Sundara Money, AIR 1976 SC 1111 (1114): (1976) 1 SCC 822: (1976) 3 SCR 160.1. The act of ending something2. The end of something in time or existence; conclusion or discontinuance, Black's Law Dictionary, 7th Edn., p. 1482...
Termination for any reason whatsoever
Termination for any reason whatsoever, in s. 2(oo) the words 'Termination... for any reason whatso-ever' are the key words. Whatever the reason, every termination spells retrenchment. A termina-tion takes place where a term expires either by the active step of the master or the running out of the stipulated term, State Bank of India v. N. Sundara Money, AIR 1976 SC 1111: (1976) 1 SCC 822: (1976) 3 SCR 160....
Termination of service
Termination of service, striking off the name of a workman from the rolls by the employer amounts to 'termination of service' and such termination is retrenchment within the meaning of s. 2(oo) of the Industrial Disputes Act, 1947 if effected in violation of the mandatory provision contained in s. 25F, H.D. Singh v. Reserve Bank of India, AIR 1986 SC 132: (1985) Supp 2 SCR 842: (1985) 4 SCC 201....
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