Court : Patna
..... nor is such take over intended for the purpose of allowing the said corporation to step into the shoes of the owner of the said industrial undertaking,16. section 25ff of the industrial disputes act, 1947 is set out below :-- '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 ..... this case, namely, there is no 'undertaken obligation' of the appellant to retain the employees of the said jute mill, we are compelled to hold that the provisions of section 25ff of the industrial disputes act do not apply to the facts of this case.19. by reason of the view taken by us, we are not deciding the question of the effect of liquidation ..... .b. 1981 lab i.c. 1586. while construing the provisions of section 25ff of the industrial disputes act, hon'ble mr. justice m.m. punchhi, as his lordship then was, pleased to hold as follows :'it goes without saying that on transfer of an undertaking without the ..... any event the appellant cannot be called a new employer in respect to the workmen of the said jute mill. in that view of the matter, the provisions of section 25ff of the industrial disputes act; are not attracted in the facts of this case. in this connection reference is made to the decision in workmen of p.s.b.b. v. haryana s.b .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2013SC584; 2012(10)SCC575; AIR2012SCW5164
..... july, 2005, in pnl investors welfare association versus union of india, with reference to the sarfaesisarfaesisarfaesisarfaesisarfaesisarfaesisarfaesi 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 ..... appeal no.1142 of 2006 was, accordingly, dismissed, with liberty to the appellant mill to approach the debts recovery tribunal for appropriate relief.11. apart from the submissions relating to 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 ..... 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 sarfaesisarfaesisarfaesisarfaesi .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1964SC645; 5SCR379
..... in this appeal by special leave relates to the construction of s. 25ff of the industrial disputes act, 1947 (no. 14 of 1947) (hereinafter called 'the act') this question arises in this way. between the appellant, the management of r.s. madhoram & sons (agencies) (p) ltd., and the respondents, its workmen an industrial dispute arose in regard to the transfer of 57 employees from the management ..... inapplicable to their case, because the ownership or management of the undertaking has not been transferred by the firm to the company within the meaning of the said section. if the said section does not apply, then there is no scope for applying the provisions of the proviso. the tribunal has upheld the plea raised by the respondents, and mr ..... the parties could not be resolved, and so, the matter ultimately went to the industrial tribunal for its adjudication. that is how the only question which arises for our decision is whether s. 25ff and its proviso apply to the present case. 9. section 25ff of the act provides, inter alia, that where the ownership or management of an undertaking is transferred, ..... the management of the entire undertaking should be transferred before section 25ff comes into operation. if an undertaking conducts one business, it would normally be difficult to imagine that its ownership or management can be partially transferred to invoke the application of s. 25ff. a business conducted by an industrial undertaking would ordinarily be an integrated business and though it .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1974SC1604; [1974(29)FLR56]; 1974LabIC1018; (1974)4SCC696; 1SCR153
..... money recoverable from messrs. central inland water transport corporation limited ?(3) whether the workmen mentioned in last no. ii are entitled to get retrenchment compensation under section 25f, read with section 25ff of the industrial disputes act, 1947 ? if so, what amount of money are they entitled to ?(4) whether the undertaking or the business of messrs. rivers steam navigation company limited ..... court for determination of the amount to which such benefits should be computed; now therefore in exercise of the power conferred by sub-section (2) of section 33(c) of the industrial disputes act, 1947 (act 14 of 1947), the governor is pleased to specify the second labour court constituted by notification no. 1727-i b/ib/3a-1/58 dated the ..... has been closed within the meaning and contemplation of section 25fff of the industrial disputes act, 1947 ? if so, what amount of money as compensation are if so, workmen mentioned in ..... attached list no. ii represented by the said union, have preferred claims that they are entitled to get from the said company retrenchment benefits under section 25ff of the industrial disputes act, (act 14 of 1947), which are capable of being computed in terms of money :and whereas the workmen in lists nos. i and ii have requested the state government .....Tag this Judgment!
Court : Delhi
Reported in : ILR1972Delhi598
..... with terms prevailing in the transferee company. this part of the scheme (paragraph 4) was not in line with the provisions of chapter v-a of the industrial disputes act, 1947 and particularly section 25ff thereof. it is explained by shri 1. n. shroff, learned counsel for the petitioner, that the amendment sought of the said paragraph 4 was not only ..... date of the amalgamation between the workman and the transferor company does not automatically become a contract of service between the workman and the transferee company. section 25f and 25ff of the industrial disputes act, 1947 applies to the present case. no worker could be compelled to work in the transferee company on a scale which is anything less than what obtained ..... legal liabilities alone could be fastened upon the transferee company as per the scheme of amalgamation put forward. the legal liability is to be determined according to section 25ff of the industrial disputes act, which requires the payment of retrenchment compensation to all the workers; when the transferee company agrees to pay such retrenchment compensation in order to discharge their strictly ..... which they are currently drawing from the transferor company. (25) shri i. n. shroff explains that in these circumstances it has become necessary to comply with section 25ff of the industrial disputes act by giving all the workers the benefit of the retrenchment compensation and that it is not practicable for the transferee company, which employs nearly 8000 persons, to .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2007(6)ALD686; 2007(6)ALT76; (2008)ILLJ1117AP
..... & establishments actsection 15(1): the state government may, section 50: the government may, byby notification in the official gazette, notification, appoint an authority to hearappoint a presiding officer of any labour and decide for any specified area allcourt or industrial tribunal, constituted claims arising out of deductions from theunder the industrial disputes act, 1947 wages or delay in payment of the wages(14 of ..... by respondent 1 was that he was not the person responsible for payment of compensation and that the right of the workmen was defeated by reason of the proviso to section 25ff being, according to him, applicable inasmuch as these workmen were continued in the employment by the said board, the new employer, that therefore there had been no interruption ..... above the liability for penalty of fine which an employer is liable to incur under section 20.the question, therefore, is whether on the footing that compensation payable under sections 25ff and 25fff of the industrial disputes act being wages within the meaning of section 2(vi)(d) of the act, a claim for it on the ground that its payment was delayed by an ..... employer could be entertained under section 15(2) of the act. in our view it could not be so entertained. in .....Tag this Judgment!
Court : Chennai
Reported in : (1996)IILLJ852Mad
..... in the act, even the new clause (ka) which was inserted by section 2 by the industrial disputes (amendment) act, 1982 defines the expression 'industrial establishment or undertaking' and not the term 'undertaking' simpliciter. it would appear from the opening ..... words of clause (ka) namely 'industrial establishment or undertaking' means establishment or undertaking in which any industry is ..... 'undertaking' has not been defined in the act. as observed by the supreme court in the case of s.g. chemicals ana dyes trading employees unions v. s.g. chemicals and dyes trading limited and anr. (1986-i-llj-490) : : (1986)illj490sc the term 'undertaking' though it occurred in several sections of the industrial disputes act, for instance sections 25ff, 25ffa and 25fff is not defined anywhere .....Tag this Judgment!
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; 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 ..... the 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 ..... 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 .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : 144ITR68(P& H)
..... business by the assessee to the limited company took place on march 31, 1965, and hence a provision for the retrenchment compensation payable to the workers in terms of section 25ff of the industrial disputes act, 1947, was made by the assessee in its books of account as on march 30, 1965. this amount, also appears in the balance-sheet of the assessee which ..... through the records and, in our opinion, the assessee deserves to succeed. the liability to pay retrenchment compensation to the workers arose by virtue of the provisions of section 25ff of the industrial disputes act, 1947, the relevant portion of which has been already quofed by the appellate assistant commissioner in his order. from a reading of the above provision, it is apparent that ..... for rs. 22,569 representing provision made by the assessee in its accounts for the year ended 31st may, 1965, towards the liability to pay retrenchment compensation as per section 25ff of the industrial disputes act, 1947 ?'2. in order to decide the aforesaid question, certain salient features of the case may be noticed :3. m/s. ellora silk mills, bombay, the assessee-firm ..... under the agreement did not accrue during the relevant years.' now, in the present case, the liability to pay retrenchment compensation to its workers arose by virtue of section 25ff of the industrial disputes act as soon as the assessee transferred the business to the limited company. the assessee made a proper provision of the said liability as on march 30, 1965, and .....Tag this Judgment!
Court : Kerala
Reported in : 1999(1)ALD(Cri)206; [1999(82)FLR364]; (1999)IILLJ639Ker
..... passed ext, p6 order. before the tribunal, the petitioner had claimed that the workmen are entitled to retrenchment compensation and notice pay as per section 25ff of the industrial disputes act. the tribunal held that only the issue relating to closure merits consideration. the tribunal disposed of the case holding that the workers are entitled to get wages for the period ..... has already been referred for adjudication to the industrial tribunal, kollam. according to the petitioner, ext. p8 is factually incorrect, legally unsustainable and reveals a total misapplication of mind on the part of the second respondent. petitioner demanded payment of the benefits under section 25ff of the act, from the third respondent as per ext. p4. the dispute regarding the identity of the person liable ..... , ext. r3(a) is the copy of the common order in the above writ appeals. therefore, the question of gratuity cannot be referred to the industrial tribunal. regarding retrenchment compensation, as the proviso to section 25ff of the act applies, it does not at all arise for consideration. the question of notice pay arises only when there is actual retrenchment. therefore, no direction need .....Tag this Judgment!