Judgment Search Results Home Phrase:industrial disputes act 1947 section 25ffa Page:3
Court : Mumbai
Reported in : 1994(1)MhLj847
..... the same. 5. i also do not find any force in the objection to the reliance placed by the courts below on the provisions of the industrial disputes act in deciding a case under section 78 of the bombay industrial relations act. because, what is challenged in the instant case is the closure of an undertaking and reliance is placed on chapter v-a of the ..... the rate of rs. 200 per month. the submission of mr. ganguli is that to close an undertaking, the employer is required to comply with the requirements of section 25-ffa of the industrial disputes act and in the event of failure to do so, the entire action of closure would be void and non-est and the automatic consequence would be that the ..... at the rate of wages last drawn by each of the workmen before 15 january, 1980 and also to pay closure compensation and other legal dues as per section 25-fff(1) of the industrial disputes act. 11. in view of the above discussion, i do not find any merit in this writ petition. the same is, therefore, dismissed. rule is discharged. there shall ..... in the employment of the employer till there is a valid closure in accordance with law by complying with the requirements of section 25-ffa of the industrial disputes act. in the instant case, there is no dispute that sixty days' notice contemplated under section 25-ffa of the intention to close down the undertaking had not been given by the employer before closing down the .....Tag this Judgment!
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
..... 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 direction, a settlement was arrived at by and between the official liquidator and its employees, in terms whereof ..... 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 28.11.1956, as it was found that having regard to the helpless condition to which workman would be thrown ..... industrial development corporation employees' union v. state of h.p. and ors. : (1996)7scc139 stating :'...since section 25(o) was not available on account of the said provision having been struck down by this court the only protection that was available to the workmen whose services were terminated as a result of closure was that contained in sections 25ffa and 25fff of the act. ..... it is not disputed that both these provisions have been complied with in the present case.'decisions relied upon by the high court:29. the division bench of the .....Tag this Judgment!
Court : Gujarat
Reported in : (1986)2GLR910
..... and have new trustees appointed under the provisions of the said act.82. on the assumption that the institute is 'industry' within the purview of the industrial disputes act, 1947 it is possible to contend that the institute being 'industry' is entitled to close down its activities after complying with the statutory provisions in that behalf. section 25ffa imposes an obligation on an employer who intends to close down ..... it would be profitable to refer to the impugned notice of december 28, 1983. the impugned notice of closure is in accordance with the provisions of sub-section (1) of section 25-fff of the industrial disputes act, 1947 and addressed to the secretary to government of gujarat in education and labour department. the total number of the workmen of the institute who were to be ..... wound up. if it is found that the closure was not bona fide the consequences would be the liability of the employer to pay the higher compensation under, section 25-fff of the industrial disputes act, 1947. but it is difficult to see how when the two agencies have in fact been closed the finding about mala fides can justify the conclusion that the said ..... wound up. if it is found that the closure was not bona fide the consequences would be the liability of the employer to pay the higher compensation under section 25-fff of the industrial disputes act, 1947. but it is difficult to see how when the two agencies have in fact been closed the finding about mala fides can justify the conclusion that the .....Tag this Judgment!
Court : Chennai
Reported in : (1993)IILLJ614Mad; (1993)IMLJ662
..... . the following are the additional grounds raised in w.m.p. no. 25908 of 1991:'5. that the petitioner desires to raise an additional ground that section 5 of the tamil nadu shops and establishment act. 1947, hereinafter called the act, itself is invalid and void as it suffers from the vise of excessive delegation. 6. that as the validity of the provision of ..... appeal. persons in the position of management are specifically brought within the purview of the act in exercise of the statutory powers. section 5 of the act is an over-riding provision as could be seen from the opening lines of the said section. g.o.ms. no. 4074, industries, labour arid housing (labour), dated october 5, 1966 is not in conflict with the unwritten ..... the 2nd respondent was the district manager, along with five other employees. the petitioner management decided to close its madras office for economic reasons. in compliance with the requirements of section 25ffa, under which a statutory notice of sixty days to various authorities of the state and the affected parties has to be given. by letter dated january 8, 1987, the notice ..... in tata iron andsteelco. ltd. 1950 llj 1043 (supra).33. it is admitted by the learned senior coun-sel for the petitioner that if section 5 of the act is held to be valid, the notification viz., g.o. ms. 4074, industries, labour and housing (labour) dated october 5, 1966 would be valid and consequently, the 2nd respondent can invoke the remedy under .....Tag this Judgment!
Court : Chennai
Reported in : [2003(97)FLR927]; (2003)IILLJ502Mad
..... respectable employer. 17. in the result, we do not find any warrant for interfering with the finding of the learned single judge that there was no transfer under section 25ff of the industrial disputes act. we cannot, however, uphold the direction given for the payment of interest on back wages and the further direction that supernumerary posts should be created to accommodate the ..... act. even the new clause (ka) which was inserted in section 2 by the amendment act, 1982, defines the expression 'industrial establishment or undertaking' and not the term 'undertaking' simpliciter. it would appear ..... holding that the labour court had committed such error and in recording the finding that there was infact no transfer of the undertaking at all so as to attract section 25ff of the industrial disputes act and that the appellant had not complied with the requirements of law while denying employment to the workmen, who had raised the ..... each case'.12. in the case of s.g. chemicals and dyes employees' union v. management : a case which involved consideration of section 25-o, a two judge bench of the apex court noticed thus:-'the term 'undertaking' though it occurs in several sections of the industrial disputes act, as for instance, sections 25ff, 25-ffa and 25-fff, is not defined anywhere in the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2005SC1782; 2005(2)AWC1075(SC); [2005(105)FLR416]; [2005(3)JCR38(SC)]; 2005(2)KLT978(SC); (2005)IILLJ271SC; (2005)13SCC777; 2005(2)SLJ338(SC)
..... between the workmen and the management of the respondent-company. the appropriate government in exercise of its powers conferred by section 10(1)(d) and 12(5) of the industrial disputes act 1947 (hereinafter referred to as 'the act') referred the said disputes to the industrial tribunal, delhi vide notification dated december 13, 1982. the reference was in the following terms :-'1. whether the action of ..... june 12, 1987 and framed an additional issue to be tried by the tribunal. the high court held that the award dated june 12, 1987 had effectively terminated the industrial dispute referred to the tribunal by the appropriate government on december 13, 1982.2. with a view to appreciate the submissions urged before us it would be necessary to notice the ..... the management and some more demands were raised. the notice of strike was served on february 14, 1983 and the management on april 4, 1983 gave notice under section 25ffa of the industrial disputes act for closing the undertaking relating to the weaving mill on account of labour trouble resulting in huge financial losses. it is the case of the respondent-management that in ..... by the deputy labour commissioner-cum-conciliation officer, m. basai.5. in view of the settlement reached between the parties, an application was moved before the industrial tribunal which was seized of the disputes, which were the subject matter of the reference made on december 13, 1982, with a prayer that in view of the settlement reached between the parties .....Tag this Judgment!
Court : Mumbai
Reported in : 2006(4)BomCR625; (2006)IIILLJ810Bom; 2006(4)MhLj492
..... conclusion that there was no substance in the allegations made in the complainant union that respondent company has committed breach of section 25f(b) and (c) of industrial disputes act, 1947 and there was no need of issuing notice under section 9a of the industrial disputes act. he, however, held that company has failed to prove that they had published and displayed seniority list on 22.7 ..... also noticed that though the respondent company had mentioned that various divisions of the company are going to be closed down they had not followed the procedure required under section 25ffa of industrial disputes act and as a result of which it was necessary for the company to issue notice at least 60 days before the intended closure, to the state government.5. ..... as such that by itself would not. in any event amount to unfair labour practice. they also denied the complainant's allegation of non observance-of provisions of section 9a or 25ffa of industrial disputes act. according to the respondent, they were not at all bound to give 60 days notice to the state government prior to action in question.13. the respondent ..... notice to the workmen who were to be retrenched. it is nowhere contended by the respondent company that they had issued notice of 60 days as contemplated under section 25ffa(1) of industrial disputes act. the said sections says:25ffa - sixty days' notice to be given of intention to close down any undertaking.- (1) an employer who intends to close down an undertaking shall serve .....Tag this Judgment!
Court : Allahabad
Reported in : 2005(1)ESC437
..... or not and financial liability would be dependant on such adjudication. as far as initiation of penal proceedings under section 14-b of u.p. industrial disputes act, 1947, is concerned same would be saved and protected by section 22 of u.p. industrial disputes act, 1947, which clearly mentions that no suit, prosecution or other proceedings shall lie against any person for anything done ..... act while the churchgate division was registered as a commercial establishment under the bombay shops and establishments act and, therefore, they could not be treated as one. according to the industrial court ..... churchgate division and at the trombay factory was one hundred or more, then section 25o would apply. if they do not, then the section which would apply would be section 25ffa. this is a question of fact to be ascertained from the evidence led before the industrial court. for ready reference of this court paragraph 17 to 19 are being ..... the trombay factory and the churchgate division was one hundred and fifty and, therefore, if the company wanted to close down its churchgate division, the section of the industrial disputes act which applied was section 25o and not section 25ffa.19. the next contention raised on behalf of the company was that the trombay factory was registered under the factories .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2002SC708; 2002(50)BLJR629; [2002(92)FLR648]; [2002(1)JCR463(SC)]; JT2002(1)SC160; 2002LabIC570; (2002)ILLJ858SC; (2002)2MLJ13(SC); RLW2002(3)SC378; 2002(1)SCALE202; (20
..... the constitutional validity of section 25-o of the industrial disputes act, 1947. section 25-o, as it now stands, was incorporated by the amendment act 46 of 1982, (for sake of convenience the said section will hereinafter be referred to as the amended section 25-o). in some of these matters the constitutional validity of section 6-w of the u.p. industrial disputes act is in question. section 6-w is identical ..... not to close down such undertaking.(3) where a notice has been served on the appropriate government by an employer under sub-section (1) of section 25ffa and the period of notice has not expired at the commencement of the industrial disputes (amendment) act. 1 976, such employer shall not close down the undertaking but shall within a period of fifteen days from such commencement, apply ..... to the appropriate government for permission to close down the undertaking.(4) where an application for permission has been made under sub-section (3 .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1981Bom83; (1980)ILLJ476Bom
..... in case the parties fail to reach settlement on or before january 31, 1979, then the parties would make a joint application for referring the dispute to the industrial tribunal under section 10(2) of the industrial disputes act 1947. the workmen also agreed to make good the loss of production and assured that the production of the value of rs. 2,40,000/-per ..... and their union. mr. pungalia, the learned counsel submitted that the petitioner's claim that the union refused to join in making a joint application for reference under section 10(2) of the industrial disputes act is incorrect. it is submitted that under the agreement dated 30th october 1978, the reference was to be made after 31st january 1979, if the negotiations failed. ..... entering into an agreement dated october 30, 1978, before the conciliation officer, the union has not cared to join for a joint reference to the industrial tribunal, bombay, under section 10(2) of the industrial disputes act. the correspondence produced on the record by the petitioners unmistakably indicates that all along the employer was requesting the workers and the union to desist from ..... fairly stated that in view of the decision of the supreme court reported in : (1978)iillj527sc (supra) it is open for the employer to close his establishment under section 25ffa of the industrial disputes act. but, according to the learned counsel, there is no actual closure but only a device is adopted to deprive the workers of their dues. it is submitted that the .....Tag this Judgment!