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PETITIONER: HARIPRASAD SHIVSHANKAR SHUKLA
Vs.
RESPONDENT: A.D. DIVIKAR (With Connected Appeal)
DATE OF JUDGMENT: 27/11/1956
BENCH: DAS, S.K. BENCH: DAS, S.K. DAS, SUDHI RANJAN (CJ) BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA MENON, P. GOVINDA
CITATION: 1957 AIR 121 1957 SCR 121
ACT: Industrial Dispute-’Retrenchment’, Meaning of-If includes termination of service on bona fide closure of industry or change of ownership or management-Construction of statute- Industrial Disputes Act (XIV Of 1947), as amended by Act XLIII Of 1953, ss. 2 (00), 25F.
HEADNOTE: The word ’retrenchment’ as defined in s. 2(oo) and the word retrenched’ in S. 25F of the Industrial Disputes Act, 1947, as amended by Act XLIII of 1953, have no wider meaning than the ordinary accepted connotation of those words and mean the discharge of surplus labour or staff by the employer for any reason whatsoever, otherwise than as a punishment inflicted by’ way of disciplinary action, and do not include termination of services of all workmen on a bona fide closure of industry or on change of ownership or management thereof. Pipraich Sugar Mills Ltd. v. Pipraich Sugar Mills Mazdoor Union [1956] S.C.R. 872, followed. Burn & Co., Calcutta v. Their Employees [1956] S.C.R. 781, referred to. The provisions of the Act have in view an existing and continuing industry and cls. (a), ...