Quick Summary: The Bombay High Court ruled in favor of two workers, Ashish Gaikwad and Surendra Dasariya, who fought against losing their jobs. The court decided they don't need to pay their job cut compensation to fight their firing.
Ashish Gaikwad and Surendra Dasariya worked at Agrofab Machineries in Nagpur. They were let go on December 30, 2014, due to job cuts. They complained about this decision, but the company wanted them to pay their job cut compensation as a condition to fight the firing.
The workers argued that under Section 25(F) of the Industrial Disputes Act, 1947, they shouldn't have to pay the compensation to fight the job cuts. Their lawyer, Ms. Aasavari S. Kale, pointed out that this compensation is a right and not something to be negotiated.
"Payment of job cut compensation is required before any employee can be let go."
The company's lawyer, Mr. A.J. Pathak, argued that the job cuts had ended the employer-worker relationship. He thought the compensation should be secured if the workers wanted to fight their firing.
Judge Rohit W. Joshi, who heard the case, decided in favor of the workers. He noted that requiring them to pay the job cut compensation would be unfair and could stop them from fighting for their rights.
"It is not right to make the employee pay the job cut compensation to the Court as a condition for fighting the job cuts."
The court's decision means that workers can fight their job cuts without having to pay their compensation first. This ruling allows the workers to continue their legal fight.
The case will continue in the Labor Court on October 13, 2025. Both sides are expected to show up without needing another notice.
This decision is important for workers' rights, making sure that money issues don't stop them from seeking justice.
