1990 (5) TMI 229 - SC - Indian Laws

Summary

Issues Involved:
1. Interpretation of "retrenchment" u/s 2(oo) of the Industrial Disputes Act, 1947.
2. Compliance with s. 25F of the Industrial Disputes Act, 1947.
3. Applicability of ss. 25G and 25H of the Industrial Disputes Act, 1947.

Summary:

1. Interpretation of "retrenchment" u/s 2(oo) of the Industrial Disputes Act, 1947:
The central issue was whether "retrenchment" as defined in s. 2(oo) of the Industrial Disputes Act, 1947, should be interpreted in its narrow, natural, and contextual meaning or in its wider literal meaning. The court held that "retrenchment" means the termination by the employer of the service of a workman for any reason whatsoever except those expressly excluded in the section. The judgment emphasized that the definition's broad wording necessitates a literal interpretation, as the statute explicitly states the exclusions.

2. Compliance with s. 25F of the Industrial Disputes Act, 1947:
The court examined multiple cases where termination of service was challenged for non-compliance with s. 25F, which mandates conditions precedent to retrenchment. It was consistently held that failure to comply with s. 25F renders the termination illegal. For instance, in cases like C.A. No. 686 (NL) of 1982 and C.A. No. 1817 of 1982, the terminations were deemed illegal due to non-compliance with s. 25F, leading to orders for reinstatement with back wages.

3. Applicability of ss. 25G and 25H of the Industrial Disputes Act, 1947:
The court addressed concerns about the applicability of ss. 25G and 25H, which deal with the procedure for retrenchment and re-employment of retrenched workmen, respectively. It was argued that these sections should be interpreted harmoniously with s. 2(oo) to avoid absurd results. The court noted that while s. 25G provides the principle of "last come, first go," it does not apply absolutely in every case of termination. Similarly, s. 25H, which provides for re-employment, is applicable primarily when retrenchment occurs due to surplus labor.

Conclusion:
The court concluded that "retrenchment" should be interpreted literally as defined in s. 2(oo) of the Industrial Disputes Act, 1947, encompassing termination for any reason except those explicitly excluded. Compliance with s. 25F is mandatory for a valid retrenchment, and ss. 25G and 25H should be applied contextually to ensure harmonious interpretation with s. 2(oo). The appeals were dismissed with costs, and specific directions were given in individual cases regarding reinstatement and compensation.