I was retrenched from my job in Gorakhpur without notice, what does the law require?

Detailed Legal Analysis

Retrenchment is governed by Chapter VB of the Industrial Disputes Act, 1947, and the Uttar Pradesh Rent Control Act 1972 rules, which require notice and compensation for workmen in establishments employing 100 or more workers. The employer must give one month's notice or pay in lieu, and retrenchment compensation of 15 days' wages for every completed year of service.

The Allahabad High Court has held that retrenchment without following the procedure of last-come-first-go and prior government permission where applicable is void ab initio. The employer must also pay all statutory dues including gratuity, bonus, and leave encashment at the time of retrenchment in Gorakhpur.

The retrenched workman has a right to re-employment preference if the employer recruits again within one year. A challenge can be raised before the Labour Court within a reasonable time.