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february 1982

Supreme Court of India · 1982-02-16

L. ROBERT D'SOUZA vs THE EXECUTIVE ENGINEER SOUTHERN RAILWAY & ANR.

Citation / case number
SC 1979/62758
Court
Supreme Court of India
Petitioner
L. ROBERT D'SOUZA
Respondent
THE EXECUTIVE ENGINEER SOUTHERN RAILWAY & ANR.
Bench
DESAI, D.A.

Judgment text excerpt

The Supreme Court held that the expression 'termination of service for any reason whatsoever' in Section 2(oo) of the Industrial Disputes Act, 1947 encompasses all forms of termination except those explicitly excluded under Section 25F and other specific provisions. The Court found that the appellant's termination was not a disciplinary action or voluntary retirement and thus constituted retrenchment under Section 25F. Consequently, the Court allowed the appeal, ruling that the termination was invalid due to non-compliance with the statutory requirements for retrenchment.

L. ROBERT D'SOUZA vs THE EXECUTIVE ENGINEER SOUTHERN RAILWAY & ANR. · Niyam