Dear friends,
Critically analysing the ratio decidendi of the Supreme Court judgment rendered in Manju Saxena's case in the context of the facts of the case, I am of the opinion that a reasonable presumption of any employee's abandonment of service by the employer, though it is so provided for in the standing orders or service regulations applicable, ipso facto, cannot be a valid ground for skipping the provisions of section 25-F, unless a disciplinary proceedings conducted following the principles of natural justice.
In this connection, if we appreciate the definition of the term ' retrenchment ' u/s 2 (oo) of the IDA,1947 in its totality as well as with a conjunctive reading of sec.25-F, we can conclude that any act of the employer terminating the services of a workman having completed 240 days of continuous service in his establishment sans the exceptions mentioned therein becomes retrenchment. In such a situation, non-compliance of the provisions of sec.25-F would automatically render it illegal.