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Q122 (CISF/2022) Polity & Governance › Governance, Policies & Social Justice

Which of the following is/are the condition(s) precedent to valid retrenchment of a workman under the Industrial Disputes Act, 1947 ?

1. The workman has been given one month's notice in writing indicating the reasons for retrenchment
2. The workman has been paid at the time of retrenchment compensation which shall be equivalent to fifteen days' average wages for every completed year of continuous service
3. The workman has been paid, at the time of retrenchment, compensation which shall be equivalent to wages of thirty days service

Select the correct answer using the code given below :

Result
Your answer: —  Â·  Correct: B

Explanation

According to Section 25F of the Industrial Disputes Act, 1947, certain conditions must be fulfilled before retrenching a workman who has been in continuous service for at least one year:

  • Statement 1 is correct: The employer must provide one month's notice in writing specifying the reasons for retrenchment, or pay wages in lieu of such notice.
  • Statement 2 is correct: The workman must receive compensation equivalent to fifteen days' average wages for every completed year of continuous service or any part thereof in excess of six months.
  • Statement 3 is incorrect: The statutory requirement is 15 days' average wages per year of service, not a flat 30 days' wages.

Additionally, a notice must be served to the appropriate government authority. For larger establishments covered under Chapter V-B (typically 100 or more workers), the notice period is three months under Section 25N.

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