When workman did not complete 240 days of service, compliance of section 25F is not required. Reinstatement of such workman on ground of breach of section 25G would not be proper, instead compensation of 60,000/- allowed. - The Industrial Disputes Act, 1947
Though the termination of services of workman did not require compliance of Section 25F since he had not completed 240 working days in preceding 12 calendar months but since the employer has not maintained the seniority list, Labour Court held it a breach of section 25G of the Act, granting reinstatement without back-wages Petitioner challenged the award in writ petition - Held, looking at short duration of service granting compensation instead of reinstatement is appropriate - Petition is partly allowed modifying the award of reinstatement by lumpsum compensation of Rs. 60,000.
-The State of Maharashtra vs. Shri Ramnath Niurutti Khedkar. 2017 LLR 796 (Bom. H.C.)
The Industrial Disputes Act,1947
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