SANJEEV PRAKASH SHARMA,J. - (1.) The award dated 20.11.1999 passed by the Labour Court No. 2, Jaipur is the subject matter of challenge in the present writ petition whereby the reference has been answered in favour of the workman on the ground that the compliance of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter to be referred as 'the Act of 1947') has not been made in totality, meaning thereby, while the amount was tendered on the day of retrenchment, the same was insufficient.
(2.) Counsel for the petitioner submits that as the petitioner was a daily wager the amount calculated on the basis of the work which he could have done in a month i.e. 26 days was calculated and the compensation amount has also been calculated and no fault can be attributed to such an amount which was tendered at the same time while issuing order of retrenchment.
(3.) Per contra, learned Counsel for the respondent-workman referred to the provisions of Section 25-F of the Act of 1947 which reads as under:- "25F. Conditions precedent to retrenchment of workmen - 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: (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.";