Gurmeet Singh v. Presiding Officer, Industrial Tribunal, Bathinda And Others
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1 Municipal Council, Dina Nagar, Tehsil & District Gurdaspur vs.
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Presiding Officer, Labour Court, Gurdaspur and another 2014 (4) SCT 514, the claim for reinstatement of the appellant has been rightly declined by the learned Single Judge. The Hon'ble Full Bench in the said case h
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"Thus the following principles are laid down:- (i) Keeping in view the recognised power of the Industrial Tribunal to direct reinstatement on account of the violation of Section 25-F of the Act the same cannot be denied solely on the ground that appointments were made by public bodies against public posts and were not in accordance with the relevant statutory recruitment rules.
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C25FFF. Compensation to workmen in case of closing down of undertakings.-
(1) Where an undertaking is closed down for any reason whatsoever, every workman who has been in continuous service for not less than one year in that undertaking immediately before such closure shall, subject to the provisions of sub- section (2), be entitled to notice and compensation in accordance with the provisions of section 25F, as if the workman had been retrenched:
Provided that where the undertaking is closed down on account of unavoidable circumstances beyond the control of the employer, the compensation to
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be paid to the workman under clause (b) of section 25F shall not exceed his average pay for three months. 1[Explanation.-- An undertaking which is closed down by reason merely of-- (i) financial difficulties (including financial losses); or (ii) accumulation of undisposed of stocks; or (iii) the expiry of the period of the lease or licence granted to it; or (iv) in a case where the undertaking is engaged in mining operations, exhaustion of the minerals in the area in which such operations are carried on, shall not be deemed to be closed down on account of unavoidable circumstances beyond the control of the employer within the meaning of the proviso to this subsection.]
(b) the service of the workman has not been interrupted by such alternative employment; and
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(c) the employer is, under the terms of such alternative employment or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation on the basis that his service has been continuous and has not been interrupted by such alternative employment.
(1-B) For the purposes of sub- sections (1) and (1A), the expressions "minerals" and "mining operations" shall have the meanings respectively assigned to them in clauses (a) and (d) of section 3 of the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957 ).] (2)Where any undertaking set- up for the construction of buildings, bridges, roads, canals, dams or other construction work is closed down on account of the completion of the work within two years from the date on which the undertaking had been set- up, no workman employed therein shall be entitled to any compensation under clause (b) of section 25F, but if the construction work is not so completed within two years, he shall be entitled to notice and compensation under that section for every 2[completed year of continuous service] or any part thereof in excess of six months.]"
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