PRAMOD JHA AND OTHERS versus STATE OF BIHAR AND OTHERS

PRAMOD JHA AND OTHERS versus STATE OF BIHAR AND OTHERS

The retrenchment was justified as the mandatory requirements of Section 25F were complied with: one month's notice was given with reasons, compensation due and payable was made available in the form of banker's cheques at the time of retrenchment, and advance intimation was provided. Section 25N did not apply as the establishment employed less than 100 workmen and requisite factual pleading or foundation was absent.

Parties
Appellants: Pramod Jha and Others; Respondents: State of Bihar and Others
Jurisdiction
India
Judgment Date
03 March 2003
Procedural Posture
Civil Appeal / Final Decision on Merits
Outcome
Appeals dismissed
Legal Topics
Retrenchment, Section 25 F Industrial Disputes Act, Section 25 N Industrial Disputes Act, Practice and Procedure
Labour Law Industrial Law Retrenchment Section 25 F Industrial Disputes Act Section 25 N Industrial Disputes Act Practice and Procedure

Case Brief

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Parties

Pramod Jha and Others

Appellants

State of Bihar and Others

Respondents

Procedural Posture

Civil Appeal / Final Decision on Merits

Legal Issues

  1. 1 Whether the retrenchment of daily wage project/scheme employees was justified and in compliance with Section 25F of the Industrial Disputes Act, 1947.
  2. 2 Whether Section 25N is applicable to the case.

Ratio Decidendi

The retrenchment was justified as the mandatory requirements of Section 25F were complied with: one month's notice was given with reasons, compensation due and payable was made available in the form of banker's cheques at the time of retrenchment, and advance intimation was provided. Section 25N did not apply as the establishment employed less than 100 workmen and requisite factual pleading or foundation was absent.

Court Disposition

Appeals dismissed

Orders

  • The workers are free to collect retrenchment compensation as was offered to them.
  • Respondents are directed to renew or issue fresh banker's cheques for the compensation due under Section 25F and inform the workers to collect the same at an appointed time and place.