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Non-accepting alternative job, when the earlier post occupied by her had become redundant, would amounts to deemed abandonment of her job on her own accord. - The Industrial Disputes Act, 1947

A Workman is not justified in not accepting alternative job when the earlier post occupied by her had become redundant and the monetary emoluments on new posts were same or more than existing monetary package.

Once there is no continuous service due to non-acceptance of alternative job, amounting to deemed abandonment, termination of her services is not illegal.

There is no violation of section 25-F of the Industrial Disputes Act, 1947 if the amount paid to workman is much above her entitlement under section 25-F (a) and (b) of the Act.

-Hong kong and Shanghai Banking Corporation Ltd. vs. Union of India and Others 2017 (Delhi H. C.)


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