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Retrenchment [Sec.2 (Oo)] - Industrial Disputes Act, 1947
Business Environment and Law-Industrial Disputes Act, 1947
Retrenchment [Sec.2 (Oo)] - Industrial Disputes Act, 1947
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The term as used in the Industrial Disputes Act means the termination by the employer of the service of a workman for any reason whatsoever otherwise than as a punishment inflicted by way of disciplinary action.
Retrenchment
[Sec.2 (Oo)]
The term as used in the Industrial Disputes Act means the termination by the employer of the service of a workman for any reason whatsoever otherwise than as a punishment inflicted by way of disciplinary action. Thus, the discharge of a workman on the ground that he did not pass the test, which would have enabled him to be confirmed, was ‘Retrenchment’ [Santosh Gupta Vs State Bank of Patiala, AIR (1980) SC 687.
‘Retrenchment’ does not, however, include-
1. Voluntary retirement of a workman; or
2. Retirement of the workman on reaching the age of superannuation, if the contract of employment between the employer and workman contains a stipulation in the behalf; or
3. Termination of the service of a workman on the ground of continued ill health.
The term as used in the Industrial Disputes Act means the termination by the employer of the service of a workman for any reason whatsoever otherwise than as a punishment inflicted by way of disciplinary action. Thus, the discharge of a workman on the ground that he did not pass the test, which would have enabled him to be confirmed, was ‘Retrenchment’ [Santosh Gupta Vs State Bank of Patiala, AIR (1980) SC 687.
‘Retrenchment’ does not, however, include-
1. Voluntary retirement of a workman; or
2. Retirement of the workman on reaching the age of superannuation, if the contract of employment between the employer and workman contains a stipulation in the behalf; or
3. Termination of the service of a workman on the ground of continued ill health.
Tags : Business Environment and Law-Industrial Disputes Act, 1947
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