‘last come first go’ principle deviation permissible: Orissa HC

'last come first go' principle deviation permissible: Orissa HC

Orissa High Court in the case of  State of Odisha vs. Kailash Chandra Mallick and others W.P.C. No. 4446/2011, examined the issue as to whether compliance of Section 25G (last come first go) of the Industrial Disputes Act, 1947 is mandatory while terminating the employment of workmen. The Orissa High Court, placing reliance on the judgment of Supreme Court given in Jaipur Development Authority vs. Ramsahai (2006) 11 SCC 684, held on 18.5.22 that an employer would ordinarily be required to retrench the workman who was the last person to be employed in that category, however, for reasons to be recorded, the employer may retrench any other workman.

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Dec. 2022 Issue

Workplace Frustration
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