Benefit of Re-Employment under Section 25-H of the Industriale Disputes Act, 1947 : Available to all Retrenched Workmen?
By
H. B. Shenoy
,
Ashok B. Shenoy
It seems to be a prevalent view in the field of Industrial Law that a retrenched workman can claim the benefit of re-employment under Section 25 H of the Industrial Disputes Act, 1947 only if he satisfies the requirements of Sections 25B and 25F of the Act. In other words, the view prevalent is that a retrenched workman can claim the benefit of re-employment under Section 25H of the Industrial Disputes Act, 1947 only if he has been in continuous service for not less than one year under the employer. This view is also supported by a Division Bench dicta of the Kerala High Court in "Indian Airlines v. Sebastin, (1990) 2 Ker LT 958". The only reasoning given by their Lordships to uphold the view is that Sections 25B, 25F, 25G and 25H are all inter-linked provisions and they all come under Chapter VA of the Act. This view seems to be inconsistent with the express words employed in the Section as also the legal principles enunciated by earlier dictas of the very same High Court ....