In Brief
The Supreme Court examined whether a workman whose services were illegally terminated and awarded compensation could later claim reemployment when the employer regularized services of other employees already in employment. Held: Section 25(H) of the Industrial Disputes Act grants retrenched workers preference for reemployment only when the employer recruits new persons to fill vacancies. Regularization of existing employees does not constitute filling a vacancy. Additionally, the workman having accepted compensation in full and final satisfaction waived reinstatement rights. The Court distinguished between 'employment' (fresh recruitment) and 'regularization of service' (confirming an employee already in service). Appeal allowed; High Court's order set aside and Labour Court's award restored.
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