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Judgment Search Results Home  Phrase:industrial disputes act 1947 section 25ff

Jan 25 2005

Maruti Udyog Ltd. Vs. Ram Lal and Ors.

  • Decided on : 25-Jan-2005

Court : Supreme Court of India

Reported in : AIR2005SC851; 2005(5)ALLMR(SC)405; [2005(104)FLR820]; JT2005(1)SC449; (2005)ILLJ853SC; (2005)2SCC638; 2005(2)SLJ358(SC); (2005)2UPLBEC1470

... that in view of the tact that the industrial establishment of the company, namely, Maruti Limited cannot continue with its production activity and the workmen employed therein cannot be given any job, alt workmen should be retrenched in accordance with the provisions of the Industrial Disputes Act 1947 (hereinafter referred to as 'the 1947 Act'). Pursuant to or in furtherance of the said ... Section 25FF and Section 25FFF of the 1947 Act leaves no manner of doubt that Section 25F thereof is to apply only for the purpose of computation of compensation and for no other. The expression 'as if' used in Section 25FF and Section 25FFF of the 1947 Act is of great significance. The said term merely envisages computation of compensation in terms of Section 25F of the 1947 Act ... contained in the Industrial Disputes Act, 1947, or in any other law for the time being in force, the transfer of the services of any officer or other person employed in any undertaking of the Company to the Central Government or the Government company shall not entitle such officer or other employee to any compensation under this Act or entitle ... those workmen who are covered by Section 25FF and Section 25FFF on the other keeping in view the tact that whereas in the case of the former, a retrenchment takes place, in the latter it does not. The Parliament amended the provisions of the 1947 Act by inserting Section 25FF and Section 25FFF therein by reason of the Industrial Disputes (Amendment Act), 1957 with effect from ...

Dec 03 1968

Payment of Wages Inspector Vs. Surajmal Mehta and Anr.

  • Decided on : 03-Dec-1968

Court : Supreme Court of India

Reported in : AIR1969SC590; 1969(17)BLJR821; [1969(18)FLR284]; (1969)ILLJ762SC; 1969MhLJ848(SC); [1969]2SCR1051

... of 20 employees of the company filed an application under Section 15(2) of the Act to recover from respondent 1 wages for the notice month and retrenchment compensation amounting to Rs. 12,853.60P. payable to the employees under Section 25FF of the Industrial Disputes Act, 1947. On respondent 1 contesting the claim as also the ... Industrial Disputes Act, 1947. On respondent 1 contesting the claim as also the jurisdiction of the Authority, the Authority raised certain preliminary issues, namely : (1) whether the said application was maintainable in view of the revocation of the company's licence, (2) whether the Authority had jurisdiction to determine the liability of respondent 1 for retrenchment compensation before the amount thereof was ascertained under Section ... Section 25FF of the Industrial Disputes Act can fall under the amended definition in Section 2(vi)(d) of the Act and can be called 'wages'. The High Court thought that it was not but Mr. Shroff relied on certain decisions of this Court to contest that part of the conclusion of the High Court. The Industrial Disputes Act, which as enacted in 1947 ... Acts could possibly have contemplated that claim arising under the Industrial Disputes Act should be determined by a tribunal set up under a different Act. 4. On these contentions the first question which arises for determination is whether compensation payable under Section 25FF of the Industrial Disputes Act can fall under the amended definition in Section 2(vi)(d) of the Act ...

Nov 22 1996

Bhola Nath Mukherjee and Ors. Vs. Govt. of W.B. and Ors.

  • Decided on : 22-Nov-1996

Court : Supreme Court of India

Reported in : 1996IXAD(SC)191; (1997)2CALLT34(SC); [1997(75)FLR95]; JT1996(10)SC627; (1997)IILLJ59SC; 1996(8)SCALE577; (1997)1SCC562; [1996]Supp9SCR116

... service after the taking over of the management. The services of the employees were terminated by operation of Section 25FF of the Industrial Disputes Act, 1947.5. The Appeal Court, however, directed that employees entitled to retrenchment compensation in accordance with the provisions of Section 25FF of the Industrial Disputes Act, 1947. The Board was directed to pay such compensation to the employees within a period of eight weeks from ... and Rs. 46,50,350 during the period 1.9.83 to 6.5.88. According to the Board, the burden of payment of amount of compensation under Section 25FF of the Industrial Disputes Act, 1947 will be on the Company. The purchase price paid by the Board was more than adequate for making full payment of compensation to the employees. The Board had ... Board has any liability to p ay the workmen any amount on account of retrenchment compensation.10. On behalf of the employees, our attention was drawn to Section 25FF of the Industrial Disputes Act, which provides:25FF. Compensation to workmen in case of transfer of undertakings, - Where the ownership or management of an undertaking is transferred, whether by agreement or by operation of law, ... of law to a new employer. In such a case, by legal fiction, the workman is treated as if he had been retrenched. The proviso to Section 25FF lays down that nothing in Section 25FF will apply to a workman where there has been a change of employer by reason of the transfer of the undertaking if three conditions laid down in ...

Aug 30 1999

Piara Mal Kanahaya Lal Vs. Asstt. Cit

  • Decided on : 30-Aug-1999

Court : Income Tax Appellate Tribunal (ITAT) - Amritsar

Reported in : (2004)91TTJ(Asr.)710

... give proper meaning for transfer of ownership of management for the purpose of section 25FF of the Industrial Disputes Act, 1947. Section 25FF reads as follows : "Section 25FF. Compensation to workmen in case of transfer of undertakings.Where the ... Industrial Disputes Act, 1947. This issue came before the Jurisdictional High Court in the case of Ambala Cantt. Electric Supply Corporation Ltd. v. CIT (supra). The Hon'ble High Court was defining the application and implication of section 25FF of the Industrial Disputes Act, 1947. The Hon'ble High Court has given following finding : "Although the reference to the history and object of the introduction of sections 25F and 25FF in the Industrial Disputes Act ... section 25FF of the Industrial Disputes Act, 1947. This issue came before the Jurisdictional High Court in the case of Ambala Cantt. Electric Supply Corporation Ltd. v. CIT (supra). The Hon'ble High Court was defining the application and implication of section 25FF of the Industrial Disputes Act, 1947. The Hon'ble High Court has given following finding : "Although the reference to the history and object of the introduction of sections 25F and 25FF ... section 25FF of the Industrial Disputes Act, 1947. The Hon'ble High Court has given following finding : "Although the reference to the history and object of the introduction of sections 25F and 25FF in the Industrial Disputes Act need not be gone into, a brief reference to it seems unavoidable at this stage. The rights created by section ...

Sep 25 1967

Workmen of Brahmputra Tea Estate, represented by Assam Chah Karamchari ...

  • Decided on : 25-Sep-1967

Court : Supreme Court of India

Reported in : AIR1968SC514; [1967(15)FLR390]; (1969)IILLJ685SC; [1968]1SCR626

... worked out, as against the Receiver, or the Official Liquidator, under s. 25FF, of the Industrial Disputes Act, 1947 (Act XIV of 1947) (hereinafter called the Act), inasmuch as there was nothing to show that the transfer, in this case, came within the proviso to that section. 18. We were in agreement with the contentions of the learned Solicitor ... the first respondent. Section 25FF was first introduced in the Act, by the Industrial Disputes (Amendment) Act, 1956 (LXI of 1956); and, in its present form, it has been substituted, by the Industrial Disputes (Amendment) Act, 1957 (Act XVIII of 1957). Section 25FF was in force, on August 21, 1961, when the services of the workmen were terminated, and s. 25FF had come into ... 25FF. The appellants, as laid down by this Court, under the circumstances, in the decision referred to above, will not be entitled to claim reinstatement, as against the first respondent. Section 25FF was first introduced in the Act, by the Industrial Disputes (Amendment) Act, 1956 (LXI of 1956); and, in its present form, it has been substituted, by the Industrial Disputes (Amendment) Act, 1957 (Act XVIII of 1957). Section 25FF ... . On July 27, 1962, the Government of Assam referred to the Labour Court, Assam, an industrial dispute between the management of Brahmaputra Tea Estate (Receiver in Possession) and their workmen, represented by the Karamchari Sangh. The dispute that was referred, related to the justification, of the action of the management of the Tea Estate ...

Apr 06 2005

Management of Wavin India Limited Vs. Presiding Officer, Principal Lab ...

  • Decided on : 06-Apr-2005

Court : Chennai

Reported in : [2006(106)FLR557]

... appellant to close the factory with effect from December 17, 1988. According to the appellant, the closure notice dated November 17, 1988 as contemplated under Section 25FFF of the Industrial Disputes Act, 1947 (hereinafter to be referred to as 'the Act') was also sent to the appropriate State Government. It is further stated that there was also a charter of demand on behalf of the ... hand and those workmen who are covered by Section 25FF and Section 25FFF on the other keeping in view the fact that whereas in the case of the former, a retrenchment takes place, in the latter it does not. The Parliament amended the provisions of the 1947 Act by inserting Section 25FF and Section 25FFF therein by reason of the Industrial Disputes (Amendment) Act, 1957 with effect from November 28, ... virtue of Section 25H of the Act.11. Though on behalf of the appellant, it was contended that by virtue of the proviso as contained in Rule 63 of the Tamil Nadu Industrial Disputes Rules, there was no necessity for the appellant to offer re-employment to the second respondents, on a detailed scrutiny of the relevant provisions under the Act, namely, 25- ... by the first respondent-Labour Court and therefore, no remand was called for. According to the learned counsel, in the light of Sections 25H and 25FFF of the Act read along with Rule 63 of the Tamil Nadu Industrial Disputes Rules, there was no scope for granting any relief to the respective second respondents and therefore, the learned Judge ought not to ...

Sep 27 2012

New Horizon Sugar Mills Ltd. Vs. Govt. of Pondicherry.

  • Decided on : 27-Sep-2012

Court : Supreme Court of India

Reported in : AIR2013SC584; 2012(10)SCC575; AIR2012SCW5164

... Act, the Sick Industrial Companies (Special Provision) Act, 1958, Act 1 of 2005 and the provisions of the Industrial Disputes Act, 1947, and in particular, Section 25FF thereof, disposed of the Writ Petitions upon holding that the members of the workers association/workers, either individually or through their respective Unions, were entitled to the benefit available under Section 25FF of the 1947 Act from the Appellant Mill and Parry Ltd., in view of Section ... Act, 1958, Act 1 of 2005 and the provisions of the Industrial Disputes Act, 1947, and in particular, Section 25FF thereof, disposed of the Writ Petitions upon holding that the members of the workers association/workers, either individually or through their respective Unions, were entitled to the benefit available under Section 25FF of the 1947 Act from the Appellant Mill and Parry Ltd., in view of Section 13(6) of the SARFAESI Act ... Section 25FF of the Industrial Disputes Act, 1947, what we are really concerned with in these appeals is with regard to the validity of the Pondicherry Protection of Interests of Depositors in Financial Establishments Act, 2004 (Act 1 of 2005) and G.O.Ms.No.12 dated 18.2.2006 issued by the Department of Revenue and Disaster Management. As indicated hereinbefore, the object of the Act ...

Sep 02 2004

Haryana Financial Corporation Vs. Presiding Officer, Labour Court-cum- ...

  • Decided on : 02-Sep-2004

Court : Punjab and Haryana

Reported in : (2005)IILLJ572P& H

... Industrial Disputes Act, 1929 and the Industrial Disputes Act, 1947 (as originally enacted) did not contain the definition of the term 'retrenchment'. In 1953, the Government of India, in the wake of severe crisis in the textile industries in Bombay and the apprehended large scale removal of workmen issued Industrial Disputes (Amendment) Ordinance, which was subsequently replaced by the Industrial Disputes (Amendment) Act, 1953 (Act No. 47 of 1953). By the said Ordinance, Section ... railway and operated it.'In Anakpalla Co-operative Agricultural and Industrial Society Ltd. v. Workmen, AIR 1963 SC 1489 : 1962-II-LLJ-621, another Constitution Bench of the Supreme Court considered the relative scope of Sections 2(oo), 25F and 25FF of the Act. After making reference to the decision of Hariprasad Shivshankar Shukla's ... meaning of Section 2(oo) of the Act or the same is covered by Clause (bb) thereof. For this purpose, it will be useful to notice the legislative developments in this regard. Side by side, we may refer to some of the important judicial precedents. The Trade Industrial Disputes Act, 1929 and the Industrial Disputes Act, 1947 (as originally enacted ... service was discontinued w.e.f. September 30, 1989 without giving him notice or pay in lieu thereof and compensation as required by Section 25F of the Industrial Disputes Act, 1947 (for short, 'the Act'). He got served notice of demand dated July 2, 1990 on the Managing Director of the Corporation and also sent copies thereof to ...

Jun 28 1962

Board of Directors of the South Arcot Electricity Distribution Co. Ltd ...

  • Decided on : 28-Jun-1962

Court : Chennai

Reported in : AIR1963Mad192; [1963(6)FLR413]; (1963)ILLJ5Mad; (1963)IMLJ349

... trial. The Labour Court by its order dated 4-2-1960 held that the workmen concerned in the petition would be entitled to compensation as prescribed by Section 25-FF of the Industrial Disputes Act, 1947, and after assessing the same passed an order directing the company to pay that amount to the workmen concerned. W. P. No. 254 of 1960 has been ... notice and by way of retrenchment compensation, half a month's salary for every year of service rendered to the company in accordance with the provisions of Sections 25-F and 25FF of the Industrial Disputes Act. It was contended before the Labour Court, a contention reiterated before us in a rather faint manner, that the workman concerned would not be entitled to ... Ramachandra Iyer, C.J.1. The appeal and the writ petition referred to above arise out of applications filed under Section 33-C(2) of the Industrial Disputes Act, 1947, by Elumalai and Mohamed Khan, respectively, who were originally employed by the South Arcot Electricity Distribution Co., Ltd., to be referred to hereafter as the company. The questions that fall ... Section 33-(2) of the Industrial Disputes Act; (2) the payment of compensation under Section 25-FF involving as it does the determination of the further question whether there had been a retrenchment in law of the concerned worker, the Industrial Tribunal alone and not the Labour Court would be competent to adjudge the dispute; and (3) that under Section 6 of the Madras Electricity Supply Undertakings Acquisition Act ...

Nov 07 1998

Karan Singh s/o Hanuman Singh Vs. State of M.P. and Ors.

  • Decided on : 07-Nov-1998

Court : Madhya Pradesh

Reported in : 1999(2)MPLJ432

... Sections 25A, 25J of the Industrial Disputes Act, 1947. Sections 25A, 25J fall within Chapter V-A of this Act. It would now necessary to rivet our attention to Section 25J (Chapter V-A) of this Act. It provides that the provisions of Chapter V-A shall have effect notwithstanding anything contained in any other law including standing orders made under Industrial Employment (Standing Orders) Act, 1946. Section ... Sections 25F, 25FF and 25G of the Industrial Disputes Act.'This Court too records its respectful concurrence with the above conclusion as no exception can be taken to aforesaid view; and holds that Section 25J of the Industrial Disputes Act, 1947 does not permit application of clause 11(a) of Standard Standing Orders without complying with the provisions of Sections 25F, 25FF and 25G of the Industrial Disputes Act ... Section 25J of the Industrial Disputes Act does not permit application of clause 13 of the Rajasthan State Road Transport Workers and Workshop Employees Standing Orders, 1965 without complying with provisions of Sections 25F, 25FF and 25G of the Industrial Disputes Act.'This Court too records its respectful concurrence with the above conclusion as no exception can be taken to aforesaid view; and holds that Section 25J of the Industrial Disputes Act, 1947 ...

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