Section 25-b of industrial dispute act


AS PER SECTION 25-b of INDUSTRIAL DISPUTE ACT FOR TO GATE THE BENIFIT OF SECTION 25-F, THE WORKMAN MUST WORK 240 DAYS  IN THE PREECDING YEAR , WELL NOW MY QUESTION IS PREECIDING YEAR MENS THE  YEAR OF RETRENCHMENT  OR IF SOMEONE IS WORKING FOR LAST 4 YEARS  CONTINUOUSLY BUT THE LAST YEAR HE ONLY WORK 170 DAYS AND BEFORE COMPLEATING 240 DAYS HE GOT TERMINATION THAT TIME , NOW WHAT WE WILL SEE  THE PRESENT YEAR OR LAST 3 YEARS TOTAL WORKING DAYS ? 

 
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Voluntarily Retired from Indian Overseas Bank

AS PER LATEST HIGH COURT JUDGEMENTS [ ONLY FOT CASUAL LABOURERS ] THEY MUST HAVE WORKED FOR 240 DAYS BUT THE NUMBER OF DAYS TAKEN FOR THIS IS 480 DAYS . THAT IS OUT OF 480 DAYS YOU MUST HAVE WORKED FOR 240 DAYS AND YOU SHOULD BE MADE PERMANENT . BUT HOW WILL YOU PROVE THIS . ONLY IF YOU COULD PRODUCE THE ATTENDANCE REGISTER YOU CAN PROVE THIS . BUT THAT ATTENDANCE REGISTER WILL NOT BE PRODUCED AND THAT WILL BE UNTRACEBLE AS FAR AS THE EMPLOYER IS CONCERNED .EVEN FOR A PERMANANT EMPLOYEE WHO HAD WORKED FOR 17 YEARS IN ONE OF THE NATIONALIZED BANKS, THE BANK  HAD TOLD THE COURT THAT THE LEAVE REGISTER FROM JANUARY 1995 TO JUNE 1995 IS NOT TRACEBLE AND THAT TOO NOT FOR SOME EMPLOYEES BUT FOR 2000 EMPLOYEES WORKING IN THE CENTRAL OFFICE OF THAT BANK .IF THEY HAVE GIVEN YOU THE PROVIDENT FUND STATEMENT FOR EACH YEAR ,THEN FOR HOW MANY YEARS STATEMENT YOU HAVE IN HAND FOR PRODUCTION IN COURT- JOSEPH WILFRED - 06/02/2013 AT 23.46 HRS.   

 
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advocate

this means last 3 years you have worked more than 240 days and this year you have worked for 170 days 

last year only they will see


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Voluntarily Retired from Indian Overseas Bank

MR.QUERRIST , YOU ARE CONCERNED ABOUT RETRENCHMENT OR YOU WANT THE COMPANY TO REINSTATE YOU WITH BACKWAGES .IN SUCH A CASE WHY YOU ARE CONCERNED ABOUT RETRENCHMENT ALONE . FOR RETRENCHMENT ONLY THE JUNIOR MOST CAN BE RETRENCHED WITH 3 MONTHS SALARY TO BE PAID TO HIM AND FOR THAT THERE MUST BE PROPER REASONS LIKE THE COMPANY IS RUNNING AT A LOSS ETC. YOU CONSIDER REINSTATEMENT OF SERVICE WITH BACKWAGES AND IN THAT PETITION YOU INCLUDE RETRENCHMENT ALSO . IN THAT CASE BOTH WILL BE CONSIDERED . FOR THAT YOU MUST HAVE WORKED FOR 240 DAYS OUT OF 480 DAYS IN THAT COMPANY . WHAT KIND OF ESTABLISHMENT IT IS . WHETHER IT IS CENTRAL GOVERNMENT OR PUBLIC SECTOR UNDERTAKING OR PRIVATE BANKS . FOR ALL THESE THERE IS CONCILLIATION PROCEEDINGS , THEN CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL AWARD AND THEN THE APPEAL IN THE HIGH COURT . YOU PLEASE REFER INDIAN OIL CORPORATION CASE OF 48 EMPLOYEES ALL CASUAL AND THE JUDGEMENT DELIVERED BY THE HONORABLE HIGH COURT OF MADRAS [ ABOUT 3 TO 4 YEARS BACK ] WHICH REINSTATED ALL THE 48 EMPLOYEES AS PERMANENT EMPLOYEES WITH BACKWAGES FOR ABOUT 10 TO 15 YEARS AND THOSE WHO HAVE ATTAINED THE AGE OF RETIREMENT MUST BE GIVEN BACKWAGES TILL THE DATE OF RETIREMENT AND THEIR PENSION BENEFITS SHOULD BE CALCULATED ON THE BASIS OF THE LAST SALARY DRAWN              [ CALCULATED AS PER THE JUDGEMENT] . YOU WILL GET ALL YOUR DOUBTS CLEARED IN THAT JUDGEMENT  . THERE ARE MORE JUDGEMENTS BUT I DON'T WANT TO CONFUSE YOU BY REFERRING ALL- JOSEPH WILFRED - 07/02/2013 AT 14.39 HRS  

 
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