Service and Labour Law — Termination — Retrenchment notice subsequent to termination, Effect of –

September 13th, 2013

Service and Labour Law — Termination — Retrenchment notice subsequent to termination, Effect of — Labour Court held order of termination of the workman as illegal and unjustified as the retrenchment notice was subsequent to his termination and directed reinstatement with 50% back-wages and with costs — Writ petition came to be dismissed — Preferred appeal — Held, view taken by Labour Court appears to be a plausible one inasmuch as the Forest Guards are very much required in the forest and there is no reason for a lowly paid employee not to report for duty — Similarly, the view taken by the Labour Court that the compensation amount was tendered to him subsequent to his retrenchment also appears to be correct inasmuch as the respondent had already raised an industrial dispute — The payment made subsequently was, in fact, denied — No error in the order passed by the Labour Court or by the High Court — Appeal dismissed.

(Para 8)

Divisional Logging Manager, Uttar Pradesh Forest Corporation v. Surender Singh[Bench Strength 2], Civil Appeal No. 2528/2008(03/04/2013), Civil Appeal No. 2528/2008 [H.L. Gokhale, J.: Ranjan Gogoi, J.]

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