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october 2006

Supreme Court of India · 2006-10-19

UNION OF INDIA vs JUMMASHA DIWAN

Citation / case number
SC 2005/21467
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
JUMMASHA DIWAN
Author
DALVEER BHANDARI S.B. SINHA
Bench
DALVEER BHANDARI S.B. SINHA

Judgment text excerpt

The Supreme Court held that the provisions of Section 25-N of the Industrial Disputes Act, 1947 are applicable in cases of retrenchment, particularly when an employee has completed 1060 days of continuous service. The Court found that the respondent's retrenchment was invalid as it did not comply with the statutory requirements, leading to the reinstatement of the respondent. The judgment emphasized that the concept of continuous service does not apply when an employee has worked in different establishments under the same employer, thus clarifying the interpretation of continuous service in the context of retrenchment.

UNION OF INDIA vs JUMMASHA DIWAN · Niyam