Case Details: Lal Chand Jindal vs. Regional Manager - [2025] 181 taxmann.com 640 (HC - Rajasthan)
Judiciary and Counsel Details
- Anoop Kumar Dhand, J.
- Suresh Kashyap for the Petitioner.
Facts of the Case
In the instant case, the petitioner-workman filed a statement of claim seeking retrenchment compensation. The Tribunal rejected the said claim on the technical ground that the workman had failed to establish on record that he had worked for more than 240 days in the preceding calendar year.
Aggrieved thereby, the petitioner approached the High Court by way of a writ petition. The High Court observed that, for the purpose of retrenchment compensation, Section 25B(2) of the Industrial Disputes Act, 1947 is applicable.
Relying upon the judgment of the Supreme Court in Workmen of American Express International Banking Corporation v. Management of American Express International Banking Corporation [1985] 1300 taxmann.com (SC), the High Court held that Sundays and other paid holidays are required to be included while computing continuous service of a workman.
High Court Held
The High Court held that the Tribunal had failed to record any finding on this aspect. In the absence of such consideration, the impugned award was held to be unsustainable in the eyes of law and was accordingly quashed and set aside.
The matter was remitted to the Tribunal for fresh adjudication, after affording due opportunity of hearing to both the parties.
List of Cases Reviewed
- Workmen of American Express International Banking Corporation v. Management of American Express International Banking Corporation 1985 taxmann.com 1300 (SC) (para 5) followed.
List of Cases Referred to
- Workmen of American Express International Banking Corporation v. Management of American Express International Banking Corporation 1985 taxmann.com 1300 (SC) (para 3).
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