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Which one among the following amounts to retrenchment?
Explanation
Under Section 2(oo) of the Industrial Disputes Act, 1947, "retrenchment" is defined as the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action.
The statutory definition specifically excludes the following scenarios:
- Voluntary retirement of the workman.
- Retirement of the workman on reaching the age of superannuation (Option A).
- Termination of service as a result of the non-renewal of the contract of employment (Option B).
- Termination on the ground of continued ill-health.
Since Option D describes termination as a punishment (disciplinary action), it is explicitly excluded from the definition. Therefore, Option C is the only choice that aligns with the core legal definition of retrenchment as established by the Act and interpreted by the Supreme Court (e.g., in State Bank of India v. N. Sundara Money).
SIMILAR QUESTIONS
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 :
Under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, an employee who is the member of Pension Scheme is said to reach the age of superannuation when such employee attains the age of:
According to the Industrial Disputes Act, 1947 which one of the following is a condition precedent to retrenchment of a workman employed in any industry for not less than one year ?