AIROnline 2005 SC 447 ::2005 (12) SCC 422

Supreme Court Of India

Hon'ble Judge(s): N. Santosh Hegde, S. B. Sinha , JJ

(A) Industrial Disputes Act (14 of 1947) , S.11A, S.25F— Termination of service - Validity of - It is not relevant for Labour Court to consider if the termination could be held, valid as a termination simpliciter, after the employer had failed to prove that the termination punitive was valid. (Para 5) (B) Industrial Disputes Act (14 of 1947) , S.25F, S.2(oo)— Retrenchment - Simpliciter or punitive - Onus is on employee to show that he hd been illegally retrenched. AIR 2003 SC 38, Ref. (Para 6) .....