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Reinstatement with 50% back-wages justified in case of retrenchment in violation of section 25-F of I.D. Act. - The Industrial Disputes Act, 1947

Termination of services of a workman in violation of provisions of Section 25·F of the Industrial Disputes Act, 1947 is illegal attracting reinstatement with back wages. An ex-parte award is not liable to be set aside if the Management failed to appear despite service of notice or its authorized advocate stopped appearing or the management has not taken any action against the unauthorized advocate who filed memo of appearance on behalf of the management or no sufficient cause has been pleaded by the management. An ex-parte award is not liable to be set aside if the Management has already accepted the award by making payment of the awarded amount. After publishing the award as per section 17 of the Industrial Disputes Act, 1947, Industrial Adjudicator becomes functus officio.

 -M/s. India Offset Printers (P)Ltd. us. Dinesh Pandey. 2018LLR 711 (Delhi H. C.) 

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