Procedure for Retrenchment or First Come, Last Go and Last Come First Go (Section 25-G)

Procedure for Retrenchment or First Come, Last Go and Last Come First Go (Section 25-G)

Section 25-G. Procedure for Retrenchment. - The well recognised principle of retrenchment in industrial law is 'first come last go' and last come first go'. The principle has been incorporated in Section 25-G of the Act. The procedural protection provided under this section can be claimed by a workman on the fulfillment of the following conditions, namely :-

1. The workman must be a workman within the meaning of section 2(s) of the Act; 
2. The workman should be an Indian citizen;
3. The workman should be employed in an establishment which is an industry within the meaning of section 2 (j) of the Act; 
4. The workman should belong to a particular category of workman in the industrial establishment; and
5. There should be no agreement contrary to the principle of 'last come first go' between the employer and workman. Any provision in the standing orders to the above effect shall be deemed to be agreement for the purposes of the section.

For the application of Section 25-G all the above five conditions must be simultaneously complied with. If these conditions are fulfilled the principle of "last come first go'" shall be ordinarily adhered to by the employer.

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