Termination Without Complying with Section 25-F Constitutes Illegal Retrenchment; Enhanced Compensation Awarded as Reinstatement Impossible Due to Superannuation: Orissa High Court

A Division Bench of the Orissa High Court comprising Justice K.R. Mohapatra and Justice Savitri Ratho has held that termination of a workman without fulfilling the mandatory conditions prescribed under Section 25-F of the Industrial Disputes Act, 1947 amounts to illegal retrenchment. The Court also ruled that since the workman had already reached the age of superannuation, reinstatement could not be granted, but he was entitled to enhanced compensation. Background…