Court : Mumbai
Reported in : 2001(2)ALLMR310; 2001(2)BomCR756; (2001)2BOMLR269; [2001(90)FLR397]; (2001)ILLJ1207Bom
..... juris was not snapped, we cannot lose sight of the fact that upon passing of the winding up order, the services of the petitioner stood terminated by reason of section 445(3) of the companies act, 1956. thus, there is no escape from the conclusion that the petitioner's service came to an end from february, 1986, or at any rate in march, 1986. conversely ..... , the petitioner was not an employee of the textile mills, nor of the 2nd respondent company, as on the date of acquisition i.e. 3.10.1986. thus, we have no ..... (2). according to her. the petitioner's case falls squarely within it. in her submission, the petitioner not having been appointed under sub-section (1) or (2) of section 12 by the 'proprietor' i.e. the 2nd respondent company, before the designated day. his services shall be deemed to have been terminated under subsection (3). hence, she contends that the petitioner became entitled ..... . the empress mills did not function for considerable lime on account of the financial difficulties and prolonged lockout. the maharashtra legislature passed maharashtra act no. xlvi of 1986 by which the said undertaking of the 2nd respondent company known as empress mills was acquired to protect the interests of the general public and about 6000 employees of the said undertaking. the acquisition .....Tag this Judgment!
Court : Gujarat
Reported in : 126CompCas469(Guj); 58SCL452(Guj)
..... into liquidation. since their occupation was based on the employer employee relationship and as soon as the company goes into liquidation, as per the provisions contained in section 445(3) of the companies act, 1956, that relationship has come to an end. section 468 of the companies act, 1956 provides a summary procedure for enabling the liquidator to avoid expensive litigation in discharge of one of his primary ..... the view that there is no violation of the principles of natural justice as alleged by the occupants.36. looking to the provisions contained in section 445(3), 446, 468, 477 and 630 of the companies act, 1956, the court is of the view that the court has ample power to issue directions for eviction of the occupants from the chawls belonging to ..... an employee - employer relationship and there was no relationship of the tenant - landlord as contended by the applicants. he has further relied on the provisions contained in section 445(3) of the companies act, 1956 which says that winding up order shall be deemed to be notice of discharge to the officers and employees of the ..... duties, namely, collection of the assets of the company. when the company is prima facie entitled to any property, .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1965Cal552,69CWN317,(1965)IILLJ230Cal
..... the termination of services of workmen by the employer. it is nobody's case that the hank terminated the services of the appellants. they stood discharged by operation of section 445(3) of the companies act, 1956. the principle to be observed has been laid down in tait's case, (1871) 16 solicitors' journal 46. in that case, the terms of engagement of an officer ..... circumstances had improved, the bank may not have continued to effect retrenchment and might have retained the services of the rest of its workmen. but by the operation of section 445(3) of the companies act, 1956 all this was altered and no option or choice remained with the bank. by operation of law, all workmen were deemed to have been dismissed. it was not ..... (cal) which were overruled by the supreme court, or a number of english decisions cited in the court below, which do not turn on the special provisions of section 445(3) of the companies act, 1956. mr. sen has argued that the tripartite agreement contemplated a gradual and phased reduction in the staff until the business was closed and that this is exactly what happened ..... workmen were retrenched. it cannot arise in the case of a total closure of the business or when the employment comes to an end by operation of law. section 445(3) of the companies act 1956 deals with the effect of the making of a winding-up order and runs as follows:'such order shall be deemed to be a notice of discharge of the .....Tag this Judgment!
Court : Allahabad
Reported in : III(2005)BC168; 124CompCas281(All); 62SCL502(All)
..... view of the provisions contained in section 445(3) of the companies act, 1956, all officers and directors ceased to act for and on behalf of the company. further under section 457(1)(a) of the companies act, 1956, only the official liquidator can initiate or take proceedings by or on behalf of companies under liquidation. sections 445(3) and 457(1)(a) of the companies act, 1956, reads as under :'section 445. copy of winding up order to ..... business of the company is continued.section 457. powers of liquidator.-(1) the ..... be filed with registrar,-. . .(3) such order shall be deemed to be notice of discharge to the officers and employees of the company, except when the .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1967Bom219; (1966)68BOMLR551; [1967(15)FLR430]; (1966)IILLJ827Bom
..... workers need not call at the mills until further notice'(4) after the above notice, the undertaking of the mill's company was never worked. as a result of the winding up order, provisions in section 445 of the companies act, 1956, became applicable and in the result the winding up order must be deemed to be notice of discharge to all the employees of the ..... company. the obvious result of the order was that the undertaking became closed as from august 5, 1959, and the service of the ..... retrenchment compensation equivalent to 15 days' average pay for every completed year of service. by the order in appeal, the liquidator held that having regard to the provisions in section 445(3) of the companies act, the winding up order must be deemed to be notice of discharge to the employees. according to him, the termination of services of the employees was statutory and ..... out if the winding up order was result of ordinary trading activities of the company or it was result of what is mentioned in the proviso to sub-section (1) of section 25fff as 'unavoidable circumstances beyond the control of the employer.'(16) the fact that under section 445(3) of the companies act employment of employees stands terminated as a result of winding up order cannot .....Tag this Judgment!
Court : Kolkata
Reported in : 54CompCas277(Cal)
..... parent division over which the authorised controller is appointed and, therefore, the said contention of mr. bhalla cannot be accepted at all. further, under section 445(3) of the companies act, 1956, services of all officers and employees of the company are deemed to have been terminated by reason of winding-up. therefore, mr. bhalla pn any account cannot be said to be an employee of ..... britannia engineering co. ltd., as that can only be terminated in due course of law by serving notice to quit or by a disclaimer by the official liquidator under section 535 of the companies act, 1956, and by an order passed by this court to do so. in this state of affairs, it must be held that s.c. bhalla is in unauthorised occupation ..... liquidation, being britannia engineering co. ltd., now devolves on the official liquidator and is deemed to be in the custody of the court under section 456(3) of the companies act, 1956, of which the official liquidator is the custodian. it is also admitted by s. c. bhalla that his service has been terminated as hereinbefore stated in 1970 and still, he ..... is occupying the said premises, being an ex-employee of the britannia engineering co. ltd., now in liquidation, so that the matter can be disposed of in this application under section 446(2)(a), (b) and (d) of the companies act, 1956, and the rights of the parties may be determined. mr. r. chowdhury argued that the winding-up proceeding is stayed under .....Tag this Judgment!
Court : Chennai
Reported in : 75CompCas181(Mad); (1992)IILLJ221Mad
..... . in the absence of such evidence, the winding-up order operated as discharge of the employees as contemplated by section 445(3) of the companies act, 1956' (central bank emp. union v. offl. liquidator) 23. the kerala high court held that the closure of a company under an order of winding up would be on account of unavoidable circumstances beyond the control of the employer and ..... workmen dues. under section 529 of the companies act, 1956 workmen dues include the amount payable under the industrial disputes act. one of the amounts payable under industrial disputes act is closure compensation under sec. 25fff. the payment of compensation under sec. 25fff of industrial disputes act arises due to the termination of the services of employees by operation of law under sec. 445(3) of the companies act, 1956 with effect from october ..... , 27, 1978 being the date of winding up. the industrial undertaking of the company has been closed down due to the passage of winding up order. 6. section 25 fff of industrial disputes act states as under : 25-fff. compensation to workmen in case of .....Tag this Judgment!
Court : Delhi
Reported in : 2002(64)DRJ402
..... substantially defeat the interests of the majority of workers.9. mr. tiku, learned counsel for the applicants has contended that the provisions of section 445(3) of the companies act, 1956 (hereinafter referred to as 'the act') do not override the provisions of the i.d. act since, had this been the intention, a non obstinate clause could easily have been employed in the said ..... section, which is a later enactment than the i.d. act. mr. tiku has relied on sections 25f, 25fff, 25k, 25n and 25-o of the i.d. act ..... the tripartite agreement, firstly, on the ground that it became part of their contract of service and secondly, on the ground that the discharge of employees under section 445(3) of the companies act is equivalent to retrenchment as contemplated by the tripartite agreement. the learned judge was right in rejecting both the contentions. so far as the first ground is concerned ..... tripartite agreement expressly stated that the amount payable thereon was in the nature of 'retrenchment compensation'. the question is whether the discharge of employees under section 445(3) of the companies act, upon the compulsory liquidation of a company, operates as an order of retrenchment. if it does, then the appellants would be entitled to amounts agreed upon between the parties under the .....Tag this Judgment!
Court : Kerala
..... for the period ending with 10.1.2008, but payment has not so far been effected, that in view of sub-section (3) of section 445 of the companies act, 1956, on the filing of a certified copy of ext.p3 order by the registrar of companies, the winding up order has to be deemed to be a notice of discharge to officers and employees of the ..... company except when the business of the company is continued, that in the instant case the business of the company did not continue after the ..... of work and closure, which were the subject matter of ext.p1 award, a reference was made to the board for industrial and financial reconstruction under section 15(1) of the sick industrial companies (special provisions) act, 1985. ultimately, by order passed on 21.5.2001, the board for industrial and financial reconstruction held that there is no scope for revival of the ..... by the industrial tribunal, there was no closure in the eyes of law, the passing of ext.p2 order winding up the company, led to the closure of the establishment for the purpose of section 25 fff of the industrial disputes act. in view of ext.p1 award wherein it was held that there was no valid closure on 15.4.1998, it .....Tag this Judgment!
Court : Mumbai
..... to workmen. (c) the wages and dues of workmen are to be calculated till the order of winding up, and not on any date prior thereto, as per section 445(3) of the companies act, 1956, which expressly provides that the winding up order shall be deemed to be the notice of discharge to the employees, except where the business is continued. rule 154 of ..... , the only two provisions under the companies act, 1956, and rules framed there-under are section 445(3) and rule 154. (f) there is a difference between provisional winding up and final winding up. though a provisional liquidator has wide powers, provisional liquidator ensures ..... be discharged or terminated by implication but by a method known to industrial/ labour law, or by any specific statutory provision. the only section of the companies act, 1956 which provides for the discharge of an employee, which includes a workman, is section 445(3), and that too by a deeming fiction, as no actual order of discharge / termination has been passed. in respect of workmen ..... gratuity is concerned. as far as interest is concerned, if provident fund and gratuity itself are not to be included for the purpose of workmen dues as per section 529 of the companies act, 1956 of the companies act, there is no question of awarding interest on the same. the rate of interest on wages can be only 4 percent, that too if there is any .....Tag this Judgment!