2007 LAB. I. C. 1555 ::2007 (3) AJHAR (NOC) 835 (KAR.) = 2007 LAB. I. C. 1555 ::2007 (2) AIR Kar R 558 ::(2007) 3 CurLR 485 ::(2007) 5 Kant LJ 48 ::(2008) 1 ServLR 136

Karnataka High Court

Hon'ble Judge(s): Subhash B. Adi , J

(A) Industrial Disputes Act (14 of 1947) S. 25 -O, 25-B — Closure compensation — Determination — Completed year of service — Exclusion of period of illegal strike — Mere allegation is not sufficient — Unless proved management cannot exclude strike period for determining compensation (Para 11)

(B) Industrial Disputes Act (14 of 1947) S. 25 -O, 25FFF, 25-A, 25-S — Closure compensation — Entitlement — Proof that workman had completed 240 days of working in year preceding year of closure — Is sufficient — “Every continuous year of service” — Does not mean that workman should prove that for every year he has worked for 240 days {" Completion of 240 days of service in the preceding year of the closure is sufficient for the purpose of granting retrenchment compensation under Section 25F. If that is so, there is no justification to say that every continuous year of service means that every year workman has to complete 240 days for the purpose of determining the closure compensation. Section 25-A and 25-S do not exclude the application of Sections 25F and 25FFF to Chapter VB. Even otherwise, there is no difference between the closure compensation determinable under Section 25-O and 25FFF, even under Section 25-O every completed year of continuous service, cannot be that the workmen has to prove that for every year he has worked for 240 days. (Para 11) "}

(C) Industrial Disputes Act (14 of 1947) S. 33 -C(2), 25FFF, 25-O — Recovery of money due from employer — Claim for closure compensation — Tenability under S 33-C(2) — Fact that workmen have worked for 240 days in year preceding closure — Not disputed — If that is so, he is entitled for compensation — Compensation is to be calculated based on number of years of service — It is a simple determination of compensation, which does not involve an adjudicatory function — Claim under S 33-C(2) tenable (Para 12)