Abhay Singh v. State Transport Commissioner & ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CWP-9595-2000 (O&M) Decided on :25.07.2025 ABHAY SINGH . .Petitioner
Versus
STATE TRANSPORT COMMISSIONER & ORS . . . Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Mr. R. D. Yadav, Advocate for the petitioner. Mr. Saurabh Girdhar, AAG, Haryana.
**** HARSIMRAN SINGH SETHI , J. (Oral)
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"Section 25F-Conditions precedent to retrenchment of workmen [25F. Conditions precedent to retrenchment of workmen.--No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until-- (a) the workman has been given one months notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice;
(b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay 3[for every completed year of continuous service] or any part thereof in excess of six months; and (c) notice in the prescribed manner is served on the appropriate Government 4[or such authority as may be specified by the appropriate Government by notification in the Official Gazette].5 6 ) (
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2 (oo) "retrenchment" 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, but does not include- [(bb) termination of the service of the workman as a result of the non- renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under the stipulation in that behalf
-4contained therein; or]"
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4 Pending civil miscellaneous application, if any, stands disposed of.
(HARSIMRAN SINGH SETHI) JUDGE 25.07.2025 Riya Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No