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Issues:
Compliance with Section 25-F of the Industrial Disputes Act regarding retrenchment of an employee not in continuous service for one year. Detailed Analysis: Issue 1: Compliance with Section 25-F of the Industrial Disputes Act The case involved the termination of a workman by the American Express International Banking Corporation without complying with the provisions of Section 25-F of the Industrial Disputes Act. The workman had not been in continuous service for one year, as required by Section 25-F. The dispute centered around whether Sundays and paid holidays should be considered as days on which the employee 'actually worked under the employer' for the purpose of calculating the period of continuous service. The tribunal upheld the management's contention that only days specifically mentioned in the explanation to Section 25-B(2) should be counted. However, the Supreme Court interpreted the expression 'actually worked under the employer' liberally, stating that it should encompass all days during which the employee was in employment and paid wages. The Court emphasized that the explanation is clarificatory and cannot restrict the main provision's scope. The Court held that limiting the interpretation would frustrate the objective of Section 25-F, which aims to provide relief to retrenched workmen. Issue 2: Precedents and Statutory Interpretation The Court referred to various decisions, including Lalappa Lingappa v. Laxmi Vishnu Textile Mills Ltd., to distinguish the present case. In Lalappa Lingappa, the issue was different as it pertained to the Payment of Gratuity Act, not the Industrial Disputes Act. The Court clarified that the question of whether Sundays and paid holidays should be included in calculating the days worked did not arise in Lalappa Lingappa. The Court emphasized the need for a broad interpretation of welfare statutes and statutory provisions related to employee rights. It highlighted that literal interpretation should be avoided in social welfare legislation to ensure the effective implementation of labor laws. Conclusion The Supreme Court, after analyzing Section 25-F and Section 25-B, ruled in favor of the workmen. The Court directed the reinstatement of the terminated workman with full back wages and awarded costs to the appellants. The judgment underscored the importance of interpreting labor laws in a manner that upholds the rights and protections intended by the legislation, especially in cases concerning the welfare of employees and industrial disputes.
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