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KamalNayanSaxena (lawyer)     19 July 2008

labour laws

What is the immidiate remedy in sence of bread and butter of a workman after retrenchment and before sanction by appropriate Govt.


 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     19 July 2008

Compensation Clause (b) of Section 25-F further imposes statutory obligation upon the employer to pay compensation to retrenched employee.Such compensation shall be equivalent to 15 days'average pay for every completed year of continuous service or any part there of in excess of six months. The right of retrenchment compensation and right to gratuity are different and distinct rights.Therefore, the employere should pay the gratuity and as well as the retrenchment compensation to the  retrenched workman. The object of gratuity is to help the workman after retirement on superannuation or physical disability. The object of the retrenchment compensation is to support the worker for some period within which he can get another employement. the other object is that the retrenchment compensation is to keep the worker's gratuity amount safe and unused. (Case-Laws: General Motors (I) ltd. vs.Their workmen (1953); Indian Hume Pipe co.ltd. vs. Its workmen (1959)

kiranpothuri (area manager in stock broking company)     24 July 2008

sir,


  Is there any book for human resource law / personnel management law ,


please ,please refer me imme.....  i.e service contract rules and regulations ,for example ;-if any employee breaks rules of service contract  ,in that manner i need some books.please refer it.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 August 2008

Yes. why not. Several books are available in law books store near Koti, Hyd. or asian law book house near High court, Hyd.

Saravana Rajan   21 August 2008

Sir


Can I find any online references / law references with the recent amendments incorporated in it?


-Saravana Rajan

NIlima (Deputy Manager)     04 September 2008

Herein the workers can approach to the court challegning the order of retrenchment of Gov.  it should be studed that the order passed under industiral disputes act by the labour commissioner is as per law and provisions prescribed by the Law. if it contradictory to law then they may filed writ petiotion before the singal judge to the land of the court .i.e. high court


As per Law what getting to the worker


Section 25-F(b)  compensation to retrenched employee.


15 Multplies number continuous service or any part there of in excess of six months.


gratuity


Providend Fund


(Case-Laws: General Motors (I) ltd. vs.Their workmen (1953); Indian Hume Pipe co.ltd. vs. Its workmen (1959).


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