1959 (5) TMI 54

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....24, 1956 and that such discharge amounted to retrenchment for which the discharged employee was entitled to compensation at the statutory rate. He, therefore, allowed him compensation under Section 25F of the Industrial Disputes Act by ordering (1) one month's notice pay at the rate last drawn; (2) four months' pay i.e. 15 days' average pay for each completed year of service; and (3) admitted dues on account of unpaid salary according to the Company's written statement, i.e. ₹ 47/10/6 pies. 2. On behalf of the petitioner, this award is challenged on the ground that the period of service taken from 1947 has not been correct. The petitioner joined the business of Alex. A. Apcar (Junior) and Co. in 1951. He was, therefor....

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....e business. The Tribunal also has found as a fact that this has nothing to do with the present dispute. The Tribunal relied on a material evidence which was a certificate marked Ex. A which shows that the respondent workman was with this business since 1947 I am, therefore, not satisfied that there has been any transfer of business in the sense to attract the operation of Section 25FF. 3. It was contended that on a reading of Section 25F, the "continuous service" mentioned there was to be not less than one year under a single employer. It was, therefore, argued that as the employer was changed by the constitution, re-constitution and dissolution of the Firm, converting it to a sole proprietorship business, therefore, this section....