Employee can challenge the retrenchment even after accepting the compensation: J&K and Ladakh HC

Employee can challenge the retrenchment even after accepting the compensation: J&K and Ladakh HC

High Court of Jammu & Kashmir and Ladakh at Srinagar in India Tourism Development Corporation Limited &Anr. vs. Fayaz Ahmad Sheikh &Ors. LPA No. 163/2022 while examining an issue of retrenchment of workmen category of employees placing on the facts of the case wherein it was established that the retrenchment amount was paid to the workmen in utter disregard of Section 25-F of the Industrial Disputes Act, 1947, observed that once the employer has not followed the statutory obligation, then the acceptance of the retrenchment amount would not to be an estoppel for the workmen to challenge the order of retrenchment.

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