section 25F of ID act
TS Bhatia
(Querist) 16 May 2008
This query is : Resolved
What are the provisions under section 25F and 2bb
of ID Act ?
Please mention in detail.
H. S. Thukral
(Expert) 16 May 2008
Retrenchment as defined in section 2(oo) of the industrial Dispute Act says that every termination of service of a workman other than punishment inflicted by way of discipilinary action is retenchment. There are 4 exception clauses and S/Section 2(bb)excludes termination of service of a workman if the service is for a specified job or period and when the job is completed or when the contractual period comes to an end and contract is not renewed. The interpretation of this exception has been extended to probationer/badlis/temporary workmen in recent decided cases. However Punjab and Haryana High Court has extensively discussed this provision in one of its judgment( I have to remeber citation details, can be provided later on if required.)
Section 25 F provides conditions precedent to retrenchment of workmen who have put in not less than one year of continuous service. It requires notice to workman, retrenchment compensation and notice of retrenchment to appropriate Government. The provisions of section 25F were very rigrously applied in earlier decision and retrenchment, when comepensation was short of few paisa, or not simultaniously paid with the notice to workmen were held to be illegal and invalid and workman was considered to have remained in service. Of late these provisions have watered down in decisions of Courts
