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

Sep 12 2008

Mr. M. Shashikumar and Ors. Vs. The Management of BPL Limited represen ...

  • Decided on : 12-Sep-2008

Court : Karnataka

Reported in : (2009)IIILLJ66Kant; 2009(2)AIRKarR530(D.B)

..... no claim can be made against the transferee of the said concern.the next case referred to is gut-mail's case wherein it is held as under:(a) industrial disputes act (1947), section 25ff-transfer of undertaking by state to state owned corporation-court can review arrangement and issue appropriate direction is-re-employment of government employees by corporation-continuity of service upheld ..... case of central inland water transport corporation ltd v. the workmen and anr.:3. : (1964)illj333sc in the case of workman of subong tea estate v. subong tea estate industrial disputes act section 25f, 25ff,25g and 25h.4. : (1991)iillj76sc in the case of gurmau singh and ors. etc. v. state of punjab and ors.5. 1953 (i) llj 14, high ..... set out at annexure no. 2 to the bta. most of the employees accepted such offer except appellants 1 to 37. the compensation payable under section 25ff of industrial dispute act (for short, referred to as the 'act') sent to appellant employees was returned to the management.3. aggrieved by the same, the appellants approached the labour court which was contested by the ..... had no jurisdiction to address itself to the question of discrimination. section 10(4) of the industrial disputes act lays down:where in an order referring an industrial dispute to a labour court. tribunal or national tribunal under this section or in a subsequent order, the appropriate government has specified the points of dispute for adjudication the labour court or tribunal or national tribunal, as .....

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Dec 15 1994

Bihar State Financial Corporation Vs. Jute Mill Mazdoor Sabha and Ors. ...

  • Decided on : 15-Dec-1994

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 .....

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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

..... 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 .....

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Jun 12 2001

Rallis Group Employees Union Vs. Rallis India Limited and Ors.

  • Decided on : 12-Jun-2001

Court : Mumbai

Reported in : [2001(91)FLR462]; (2002)ILLJ173Bom

..... that the first respondent as the employer would be within its right in exercising its power under section 25-ff of the industrial disputes act, 1947.5. before considering the rival submissions of the learned counsel, it would be material to extract section 25-ff of the industrial disputes act, 1947 which provides as follows:'25-ff. compensation to workmen in case of transfer of undertakings--where ..... date) and be responsible for the fulfilment and maintenance of the personnel plan. the purchaser shall continue to employ the company personnel including, . in the terms of section 25-ff of the industrial disputes act, 1947, inter alia, that (a) the services of the company personnel, shall not be or deemed to be interrupted by such transfer; (b) the terms and conditions ..... relief holding, inter alia, that the pharmaceutical division of the company was an independent establishment and that the workmen are sufficiently protected by the provisions of section 25-ff of the industrial disputes act, 1947.4. the agreement dated february 12, 2001 which was entered into between the first respondent and the fifth respondent was not placed on the record of ..... 1964]5scr379 . the learned counsel submitted that in order to avoid complying with the provisions of chapter v-b of the industrial disputes act, 1947 an effort is being made to dispense with the service of the workmen by taking recourse to section 25-ff. on the other hand, on behalf of the first respondent it was sought to be submitted that the .....

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Mar 03 2004

Naresh Rane and Ors. Vs. District Deputy Registrar and Ors.

  • Decided on : 03-Mar-2004

Court : Mumbai

Reported in : (2004)IIILLJ1008Bom

..... were totally 43 employees and their dues are not properly computed by liquidator. it is their contention that dues have to be computed on the basis of section 25f of the industrial disputes act and such calculations are furnished by them at exhibit c.3. it is their complaint that liquidator, without completing the proceedings has issued termination letters on ..... november 29, 2001. their services are sought to be terminated under section 25ff of the i.d. act. employees sought clarification and issued a legal notice complaining about termination orders. they sought his permission under section ..... computed till december 31, 2001. he further points out that employees are entitled to closure compensation as per section 25ff of the i.d. act which the liquidator has not included in his calculations of terminal dues. he disputes the liabilities of one month's notice pay and submits that 5 liquidator has prepared a statement of dues ..... 107 of mcs act to file appeals against proposed termination.4. being aggrieved by refusal of respondent no. 2 .....

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Jul 14 2004

Johnson and Johnson Employees' Union and Ors. Vs. Johnson and Johnson ...

  • Decided on : 14-Jul-2004

Court : Mumbai

Reported in : 2004(6)BomCR109; (2005)ILLJ746Bom

..... clause 31 of the transaction of sale and in the assurance which was meted out to the workmen on august 16, 1999 clearly fall within the proviso to section 25-ff of the industrial disputes act, 1947.14. the submission which has been sought to be urged on behalf of the petitioners is that the transaction which was entered into between the first and ..... in considering the tenability of the-' rival submissions which have been urged before the court, it would, at the outset, be worthwhile to advert to the provisions of section 25-ff of the industrial disputes act, 1947 which are as follows: l'25-ff. compensation to workmen in case of transfer of undertaking.- where the ownership or management of an undertaking is transferred, whether by ..... on behalf of the complainant and on behalf of the respondents. the proceedings have culminated in an order of the industrial court dated february 13, 2004 by which the complaint has been dismissed. the industrial court was of the view that section 25-ff of the industrial disputes act, 1947 does not provide for consultation with the union or its consent for the transfer of an ..... industrial undertaking. in the circumstances, the court was of the view that no unfair labour practice has been established under item 5 .....

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Mar 28 1995

Management of Samyuktha Karnataka (Loka Shikshana Trust) Vs. T.S. Rang ...

  • Decided on : 28-Mar-1995

Court : Karnataka

Reported in : ILR1995KAR1663; 1995(3)KarLJ258

..... notice of closure and that the services of the employees stood terminated with effect from january 31, 1980. the workmen were also offered salary and compensation as per section 25ff of the industrial disputes act, 1947. effectively by virtue of the aforesaid chain of events it was contended by the present management who are the petitioners, that their liability to pay gratuity under the ..... provisions of the payment of gratuity act, 1972 commences only from march 10, 1986 and that they cannot be held liable for any earlier periods. some of the aggrieved employees ..... in january 1980, a decision had been taken and a notice annexure-g was served on the employees which was never disputed, whereunder they were clearly informed that their services stood terminated and that their dues admissible under the industrial disputes act would be paid to them. it is argued that this constitutes a break in service. i have examined the present ..... the change of name, structure etc. and that the tenure of service has remained uninterrupted, the liability would be absolute. 11. the definition of employer under section 2-f (iii) of the act takes into account the person or authority which has ultimate control over the affairs of the establishment .... and therefore, to my mind regardless of the change of .....

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Jul 24 1999

Pramod Mehra Vs. Vivek Textile Mill Karmikara Sangha and Ors.

  • Decided on : 24-Jul-1999

Court : Karnataka

Reported in : (2000)ILLJ631Kant

..... labour court upon vivek textile mills and if not served, whether the petitioner was aware of the proceedings before the labour court. 13. it is not in dispute that the state government has referred the industrial dispute between the petitioner company and the first respondent workmen was referred to the second additional labour court. vivek textiles mills, represented by its director, was the ..... which is at present running the industry. in the month of february 1998, yeshwanthpur police arrested the petitioner with arrest warrant in connection with a criminal case no. 1095/1997 which was registered against him by the 1st respondent sangha for the alleged offence under sections 29-d r/w 32 and 34, of i.d. act, 1947 (for short called as 'i.d ..... parte award against the mills, it is seen that the mill was not placed ex parte by the second additional labour court as required under rule 23 of the karnataka industrial disputes rules, 1957. the second additional labour court has not even stated that the mill was duly served. in the award passed by it on january 28, 1987 it is merely ..... second party in the said dispute. the director is none other than the petitioner herein. the second additional labour court issued notice to the second party. from the records .....

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Jul 25 2007

P. Manohar Reddy Vs. Appellate Authority under Section 53 of the A.P. ...

  • Decided on : 25-Jul-2007

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 .....

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Oct 30 1978

Intesco Raw Silk Company Vs. Commissioner of Income-tax

  • Decided on : 30-Oct-1978

Court : Allahabad

Reported in : (1979)11CTR(All)235; [1979]117ITR315(All)

..... liability to pay retrenchment compensation. the liability which arose on transfer of the business was not of a revenure nature and hence was not deductible under section 10. further, since the liability under section 25ff of the industrial disputes act, 1947, was wholly contingent and did not raise any definite obligation during the whole of the period that the business was carried on, it could not fall ..... .1. the question of law for our consideration is whether retrenchment compensation paid by a business firm on the closure of its business is an admissible deduction under section 37 of the i.t. act. the tribunal upheld the case of the revenue and repelled the claim of the assessee.2. the supreme court in citcitcit v. gemini cashew sales .....

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