- (1.) THE Industrial Tribunal came to the conclusion that the services of the workman Ranjeet Singh were terminated on account of retrenchment in respect of the post of Mechanic Grade I in the Rajasthan Canal Project. However, the Industrial [tribunal also came to the conclusion that the provisions of 25f of the Industrial Disputes Act, 1947 (hereinafter referred to as the "act", have been violated inasmuch as retrenchment compensation was not tendered or actually paid to the workman prior to or at the time of the termination of his services. The Tribunal, therefore, directed the reinstatement of the concerned workman and allowed him back wages at half of the rate at which he was getting his wages at the time of the alleged retrenchment.
(2.) THE only submission made by the learned Additional Government Advocate is that there was a bona fide offer of payment of retrenchment compensation on behalf of the petitioner, but as the workman absented himself from the place of his work on November 30, 1971, the amount of retrenchment compensation could not be actually paid to him. Learned Additional Government Advocate urges that it should be considered as a sufficient compliance with the provisions of Section 25f of the Act. Section 25f of the Act reads as under: No workman employed in any industry, who has been in continuous service for not less than one year under an employer, shall be retrenched by that employer until-- (a) the workman has been given one month's notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice; Provided that no such notice shall be necessary if the retrenchment is under an agreement which specifies a date for the termination of service; (b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months; and (c) notice in the prescribed manner is served on the appropriate Government (or such authority as may be specified by the appropriate Government by notification in the official Gazette ).
(3.) IT is apparent from the perusal of Section 25f of the Act that the conditions must be satisfied before the employer can retrench a workman, who has been in continuous service for not less than one year, namely, that he must have been given one month's notice in writing indicating the reasons for retrenchment or in the alternative he may be paid one month's wages in lieu of such notice. The second essential requirement is that the workman should be paid retrenchment compensation "at the time of termination" of his services. It is obligatory for the employer to fulfil both those conditions before he can validly retrench the services of the workman. Thus, it is clear that the payment of the amount of retrenchment compensation is a condition precedent to the retrenchment of the services of a workman under Section 25f of the Act.;