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.