How do I get to know Retrenchment Benfits under Labour Service Laws

Please kindly tell me about the Final Settlement in Labor Law. I am working in the Limited Company. The company removed me from duty. If the final settlement is asked, no benefits will be given. How to Calculate Retrenchment Benefits. What the Labor Law says.please send details

Answers (1)

343 votes

here are provisions under Chapters V-A and V-B of Industrial Disputes Act relating to retrenchment under certain situations. Section 25F provides for conditions precedent to retrenchment of workers, Section 25F(b) provides for payment for retrenchment compensation which shall be equivalent to 15 day’s average pay for every completed year of continuous service or any part thereof in excess of 6 months.

As per employment law in India, the payment of retrenchment compensation is condition precedent and failure to pay will vitiate the retrenchment. Therefore calculation of retrenchment compensation is very important. While calculating retrenchment compensation unlike Gratuity component of wages includes Basic, Dearness Allowance and all allowances. Since, payment of retrenchment compensation is a condition precedent; one will have to consider definition of Wages as provided in Section 2(rr) in Industrial Disputes Act. –

while calculating retrenchment compensation, Basic Wages, Dearness Allowance, all allowances for attendance , House Rent , Conveyance etc shall have to be considered. The value of housing provided as well as value of amenities provided along with housing also will have to be considered.

The period of 6 months or excess thereof will be considered a full year, if period of employment is less than 6 months, it will not be considered a full year. The following illustration will help explain the calculation of retrenchment compensation –

Mr ABC has worked in an organization for 24 years, 5 months and his last drawn package is as under –

Basic Wages – Rs 5, 000 + Dearness Allowance – Rs 3, 000 + Conveyance Allowance – Rs 1, 500 + Washing Allowance – Rs 1, 000 + House Rent Allowance – Rs 1, 000 + Canteen facility worth Rs 1, 000 + Dress Allowance – Rs 1, 000. The total amount to be considered for retrenchment compensation is Rs 13, 500.

13, 500

_______ = 519.23 (1 Day’ salary)

26 days

519.23 X 24 years X 15 days = Rs 1, 86, 922. 80/-

Therefore the amount of retrenchment compensation to be payable to Mr ABC is Rs 1, 86, 922. 80/-

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Labour & Service Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
20 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
35 years Experience

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at and has been responded by one of the Labour & Service Lawyers at to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at or contact a Lawyer of your choice to address your query in detail.

Related Questions

" has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles