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Retrenchment - Conditions precedent to retrenchment of workmen - Reinstatement - The Industrial Disputes Act, 1947

The respondent was engaged as a daily rated worker in the establishment of the petitioner in the year 1986 and worked up to 25.7.2005 continuously. The services of the worker were terminated without assigning any reason. Neither any enquiry was conducted nor mandatory provisions of Section 25-N of the Act were complied with. The respondent-worker filed application for reference before the Labour Commissioner. The Labour Commissioner made reference for adjudication under Section 10(1) of the Act to the Labour Court. The Labour Court passed Award in favour of the worker and directed the petitioner to reinstate the respondent worker without back wages. Aggrieved by the Award, the petitioner has filed the present writ petition.

The Court dealt with the issue whether the services of the respondent have been terminated in violation of Section 25-N of the Act and whether the Labour Court has committed any error in passing the impugned Award.

The Court observed that as per provisions of Section 25-N of the Act, before terminating the services of the employee three months' in writing indicating the reasons for retrenchment and period of notice has to be specified. Before passing the order, prior permission of the appropriate government or such authority as may be specified by the State Government is required to be obtained. It is clear that before terminating the services of the respondent under Section 25-N of the Act, the required notice has not been given to the worker and approval of appropriate government was not taken before passing the impugned order of termination and therefore, the Labour Court has not committed any error in passing the impugned Award. No ground for interference in the matter. Writ petition dismissed.

-H.C. M.P. CLR 12018 P.1002, State of M.P. and Anr. v. Vijay Bahadur Singh.

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