Retrenchment Case Laws - 2011

Retrenchment compensation can be claimed only against existing establishment and not a closed one.
Ram Janam Singh vs. Ashok Kumar Jain. 2011(128) FLR 97 (Jharkhand HC)

When the workman performance was found unsatisfactory, compensation in lieu of reinstatement would be appropriate even though his retrenchment was illegal.
Prakesh Chand Agrawal vs. Presiding Officer, Labour Court (II), Kanpur & Anr. 2011 LLR 167 (All. HC)

When workers were recruited for a specific program not as permanent employee, such workers can't acquire permanent status. Such retrenchment is not illegal.
Vijay Kumar Bajpayee vs. M.P. Urga Vikas Nigam Ltd. and Another. 2011 (128) FLR 672 (MP HC)

Even if employer did not comply with the provisions of section 25-F of I.D. Act regarding payment of compensation while terminating the services, payment of consolidated damages/compensation Daily wager completed 240 days will be entitled of benefit of sec. 25F of I.D. Act.  Retrenchment without compliance illegal.
Yog Raj vs. State of Himachal Pradesh. CLR I 2011 P. 1011 (Himachal Pradesh HC)

For applicability of sec. 25F of ID act there is no distinction between a permanent and the muster roll employee. Muster roll employee terminated without retrenchment compensation who worked for more than 7 years will be entitled to reinstatement with full consequential benefits.
Subhash Chand vs. Municipal Corporation of Delhi. 2011 LLR 791 (Del. HC)

Under U.P. ID Act even the probationer or an appointee for a fix period is entitled to the benefit of sec. 6N. Retrenchment compliance is mandatory in these cases too.

Managing Director, Pradeshik Co-operative Dairy Federation Ltd., Lucknow and Another vs. Presiding Officer, Labour Court, Agra and Others. 2011 LLR 799 (All. HC)

After lapse of 35 years from retrenchment, even if it was held illegal, compensation of Rs. Two Lakh shall serve the end of justice in place of reinstatement with back wages.
State of Bihar vs. Gajadhar Singh (Amin) 2011 LLR 830 (Patna HC)

No reinstatement even if there is no compliance of retrenchment procedure of paying notice and compensation. Instead 50% back wages as damages would be
Damodar Valley Corporation & Ors. vs. Souvik Sarkar and Ors. 2011 LLR 174 (Cal. HC)
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