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Period of 240 days can be counted if workan did job in two concerns of the same management

Raj Kumar Makkad ,
  29 June 2010       Share Bookmark

Court :
Bombay High Court
Brief :
Retrenchment - Non completion of 240 days - Whether work done in two independent establishments can be clubed together to claim continuous working of 240 days and also without the compliance of the statutory provision of section 25-F Industrial Disputes Act,1947 as illegal?
Citation :
Maharashtra State Power Generation Company Limited, Koradi Thermal Power Station, Koradi v. Suresh Shantaram Ghode And The Presiding Officer, First Labour Court, Civil Lines, Nagpur, (Decided on 15.04.2010) MANU/MH/0360/2010

Held, court has a duty to interpret statutes with social welfare benefits in such a way as to further the statutory goal and not to frustrate it, Petitioner has the right to allot work to outside agency but in doing so, if some workman was required to be retrenched, procedure under section 25F of Industrial Dispute Act should be followed.

 

 
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Published in Labour & Service Law
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