Which of the following is/are the condition(s) precedent to valid retr

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 :

1 only
1 and 2 only
2 only
1 and 3 only
This question was previously asked in
UPSC CISF-AC-EXE – 2022
The conditions precedent to valid retrenchment of a workman under the Industrial Disputes Act, 1947 are primarily contained in Section 25F. Options 1 and 2 correctly state two of these conditions.
Section 25F of the Industrial Disputes Act, 1947 lays down the conditions precedent to retrenchment of workmen. For a workman who has been in continuous service for not less than one year, no employer shall retrench any such workman unless:
(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; (Matches point 1)
(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; (Matches point 2)
(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.
Point 3 is incorrect as the compensation is fifteen days’ average wages per year of service, not thirty days’ wages.
Compliance with these conditions is mandatory for a retrenchment to be considered valid. Failure to comply renders the retrenchment illegal and the workman is entitled to reinstatement with full back wages. Chapter V-A of the Act (Sections 25A to 25J) deals specifically with lay-off and retrenchment.