Workman completing 240 days of service cannot be terminated without complying retrenchment provisions of the ID Act: Gujarat HC

Workman completing 240 days of service cannot be terminated without complying retrenchment provisions of the ID Act: Gujarat HC

Gujarat High Court in State of Gujarat vs. Tamijulla khan Ahmad khan Pathan, considering that the employer was not able to produce the attendance register establishing the fact that the worker has worked for less than 240 (two hundred forty) days in a year, upheld the order of labour court reinstating the workman with 50% (fifty percent) back wages due to no-compliance of the mandatory provisions of the Industrial Disputes Act, 1947, namely: Section 25F (retrenchment compensation), Section 25G (last in first out) and Section 25N (re-employment of retrenched workman).

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November 2024

Tech & Human Equation

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