Industrial Disputes Act, 1947
Sections 25(f), 25(h) & 25(ffa)—Retrenchment—Closure—Back wages—Reinstatement—Act of terminating services of all drivers at the same time coupled with statement of appellant that entire business is closed down, was sufficient to convey the workers and the Union that transport business had come to a standstill and that there was no scope of continuing the business any further—It was a virtually a case of closure—Retrenchment of all the drivers followed by an offer of re-employment on new terms and conditions is not bona fide—Once orders of retrenchment are set aside, the workmen will virtually be entitled to continuity of service with order of back wages as determined by a Tribunal or a Court of Law—Regarding wages the Tribunal directed reinstatement of employees with only 75% back wages—Whether a workman was gainfully employed or nor is a question of fact—Finding of the Tribunal as upheld by the High Court cannot be interfered by the Apex Court in exercising its power under Article 136 of the Constitution of India—Appeal dismissed.
[Paras 14 to 18]