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High Court of Punjab and HaryanaCWP/24209/2016dismissed

Prem Narayan v. P.O.Industrial Tribunal Ludhiana & ANR.

2025-04-30Mr. Justice Harsimran Singh Sethi4 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Decided on :30.04.2025 PREM NARAYAN . .Petitioner

VERSUS

PRESIDING OFFICER INDUSTRIAL TRIBUNAL LUDHIANA & ANR.

. . . Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Mr. Ravi Gakhar, Advocate for the petitioner. Mr. Vivek Dahiya, Advocate for Dr. Puneet Kaur Sekhon, Advocate for respondent No. 2. **** 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

-3has 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].4 * ' &



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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 contained therein; or]"

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 1 Pending civil miscellaneous application, if any, stands disposed of.

(HARSIMRAN SINGH SETHI) JUDGE 30.04.2025 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No