Bombay High Court: …re-structuring of the organisation ...not a liberty to an employer to dispense with the services of all the employees,
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.791 OF 2022 MSL Group India & Anr. .. Petitioners Versus Eknath Narayan Shelar .. Respondent … Mr.Anand Pai i/b Udwadia & Co. for the Petitioners. None for the Respondent. ... CORAM: RAVINDRA V. GHUGE, J. DATED : 10th FEBRUARY, 2022 IMPORTANT POINTS It is a settled position of law that acceptance of retrenchment compensation, does not amount to any worker comprising his rights qua his retrenchment. Payment of retrenchment compensation to an employee, who has completed 240 days in 12 consecutive calendar months preceding the date of reference, is provided in Section 25F. The payment of such compensation is a legal obligation on the employer and receiving such compensation amount does not extinguish the right of the worker to question his retrenchment. … re-structuring of the organization or resizing of the labour force does not give liberty to an emplo