Court : Gujarat
Reported in : [1985(51)FLR308]; (1985)1GLR499; (1985)ILLJ263Guj
..... are referring to this because the learned counsel for the respondent submitted that this is a matter of contract. it is certainly not so. the provision in s. 25ffa of the industrial disputes act, 1947, prescribes 60 days' notice to be given of intention to close down any undertaking and the notice is required to state clearly the reasons for the intended closure of the ..... , there would be termination of the services by reason of closure only if there is compliance with ss. 25ffa and 25fff. that there is no such compliance is a matter beyond controversy. 8. the 129 ..... . 120a of the bombay industrial relations act, 1946 provides that nothing in that act shall affect any of the provisions of the industrial disputes act, 1947. the standing orders prescribe only the procedure for closure and the consequence by way of termination of services by reason of the closure is to be found in the provisions of s. 25ffa read with s. 25fff of the industrial disputes act, 1947. in other words ..... , applies s. 35 of that act provides for standing orders in regard to matters mentioned in schedule i. entry 4 in schedule i relates to closure or re-opening of a department or a section of a department or the whole of the undertaking. we are also aware that standing orders as finally settled for operatives in cotton textile mills at ahmedabad .....Tag this Judgment!
Court : Mumbai
Reported in : (1983)ILLJ326Bom
..... been any occasion even for entertaining the miscellaneous petition and for giving a detailed judgment of the provisions in s. 25-ffa of the industrial disputes act, 1947.8. section 25-ffa contemplates 60 days notice to be given by the employer to the government of the employer's intention to close down the ..... the identical fate viz. rejection.4. it would appear that sometime in september 1978, the supreme court struck down some of the provisions of the industrial disputes act, 1947, pertaining to closure and in particular s. 25(o) and part of s. 25r. emboldened by that decision, the employer on 9th october, ..... or the rules. this would not imply that provisions such as those contained in s. 25-ffa or s. 25-fff of the industrial disputes act can be held or deemed to be a part of the contract of employment of every employee. any such interpretation would be stretching the ..... he went on somewhat astoundingly to hold, which was totally unnecessary that in effecting the closure the employer had complied with all the requirements of the industrial disputes act, and particularly with s. 25-ffa. in view of the extensive discussions in the impugned order dealing with this aspect, it has become necessary ..... labour court declaring the lock-out illegal.3. during this period the employer sought permission to effect closure under s. 25(o) of the industrial disputes act. this permission was sought under the statutory provisions as it then existed on august 16, 1977 but on november 9, 1977, the government .....Tag this Judgment!
Court : Mumbai
Reported in : 2001(2)ALLMR654; 2001(2)BomCR631; (2001)3BOMLR663; 2001(2)MhLj1
..... contractor and the workers enrolled with mathadi board. according to the employers in this matter, while computing the number of workmen, to apply the provisions of chapter vb of the industrial disputes act, 1947, the aforesaid categories of the persons cannot be included as the workmen employed by them. in the case of ngku v. theindian gum ..... employer. there is no dispute that there is a unity of ownership and management. however, these are the two separate undertakings situated at different and far off places though within the local limits of greater mumbai. by a notice dated 1.6.1998, the respondent company declared its intention to close down the bhandup factory under section 25ffa of the act, with effect from ..... as it was in contravention of section 25(o) of chapter vb of the act as no prior permission of the state government was taken. according to the union, both the units are owned ..... 1.8.1998 after 60 days statutory notice. the bhandup factory had employed about 80 workmen while the seweree factory had employed about 74 workmen. according to the petitioner union, the aforesaid notice of closure under section 25ffa was null and void and was inoperative in law .....Tag this Judgment!
Court : Allahabad
Reported in : 1998(3)AWC1761; (1998)2UPLBEC1578
..... categories of junior most staff are rendered surplus and hence, they are retrenched w.e.f. 4.9.93 an. the retrenchment benefits in accordance with section 25f(a) and (b) of the industrial disputes act, 1947, has been worked out and the individual staff are also being intimated through separate letter to take their payment from their respective offices. in case of their ..... nature of the work or activity being carried by the industry or the undertaking.8. the applicability of section 25n to an undertaking set up for construction of work may be unworkable and may at times be discriminatory. the expression used in proviso (b) to section 25ffa, sub-section (2) to section 25fff and proviso to section 25o (q is 'an undertaking set up for the ..... of various kinds of projects. there are few provisions in chapter va and chapter vb relating to lay off and retrenchment in the industrial disputes act which make a specific reference to 'undertaking set up for construction of work'. section 25ffa(1) requires that an employer shall serve at least sixty days prior notice on the appropriate government of his intention to close down ..... an undertaking. but proviso (b) lays down that this section shall not apply to an undertaking set up for the construction of the buildings, bridges, .....Tag this Judgment!
Court : Mumbai
Reported in : (2008)IIILLJ928Bom; 2009(1)MhLj425
..... must be held to be in existence. accordingly, the petitioners must be held liable for payment of wages.9. the procedure of a valid closure is provided by section 25-ffa of the industrial disputes act, which reads as follows:25-ffa. sixty days' notice to be given of intention to close down any undertaking- (1) an employer who intends to close down an ..... .in maruti udyog ltd. v. ram lal and ors. (supra) case, the supreme court, vide paragraph 21 observed as follows:21. how far and to what extent the provisions of section 25-f of the 1947 act would apply in case of transfer of undertaking or closure thereof is the question involved in this appeal. a plain reading of the provisions contained in ..... in section 25-ff and section 25-fff of the 1947 act is of great significance. the said term merely envisages computation of compensation in terms of section 25-f of the 1947 act and not the other consequences flowing therefrom. both section 25-ff and section 25-fff provide for payment of compensation only, in case of transfer ..... section 25-ff and section 25-fff of the 1947 act leaves no manner of doubt that section 25-f thereof is to apply only for the purpose of computation of compensation and for no other. the expression 'as if used .....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!
Court : Mumbai
Reported in : 2007(3)ALLMR74; 2007(5)BomCR456; [2007(113)FLR568]; (2007)IIILLJ201Bom; 2007(3)MhLj426
..... legal dues were collected by the workman subsequently. in these circumstances, it cannot be said that there was any breach of the requirements of section 25-ffa and and section 25-fff of the industrial disputes act, 1947. 10. in the course of his cross examination, the workman admitted that each kitchen was called as a separate department and that each ..... kitchen had been found to be the least profitable of the kitchen department. a notice was issued to the appropriate government on 16th september, 1991 under section 25-ffa of the industrial disputes act, 1947 indicating an intention of permanently closing down the south indian kitchen with effect from 16th november, 1991. the south indian kitchen was closed in pursuance of ..... and 4(f) of the iind schedule to the industrial disputes act, 1947 stands established. these three submissions will now be taken up seriatim. 4. the applicability of chapter vb of the industrial disputes act, 1947 is governed by section 25-k. sub section (1) of section 25-k provides that the chapter shall apply to an industrial establishment (not being an establishment of a seasonal character ..... not fall for classification as a factory under section 2(m) of the factories act, 1948 and as a result would not be an industrial establishment for the purposes of chapter vb of the industrial disputes act, 1947. 7. the second submission that has been urged is that the provisions of section 25-f of the industrial disputes act, 1947 are mandatory and that for want of .....Tag this Judgment!
Court : Kolkata
Reported in : 2006(2)CHN166,[2005(105)FLR395],(2005)IILLJ1020Cal
..... by the government the tribunal has to confine its jurisdiction. the jurisdiction to adjudicate is conferred on the tribunal only by reason of an order of reference under section 10(1) of the industrial disputes act, 1947. therefore, neither the tribunal nor the court can consider issues, which are not referred to the tribunal.9. be that as it may, it appears that the ..... clause permitting the employer to transfer the employee/workman to any other establishment. it appears that the tripartite settlement (exhibit 16) is binding on the workmen by reason of section 18 of the industrial disputes act. therefore, any condition, which might not have been included in the appointment letter, would stand modified by reason of agreement between the employee or employer, even if ..... well as by the learned writ court. learned single judge on facts recorded that there was no infraction of the first proviso introduced by the west bengal amendment in the industrial disputes act and that the compensation was received by 49 out of the 53 employees. non- receipt of the compensation by four would mean that these four workmen had declined to ..... b.n. sharma may not be a party to such agreement. the agreement being a tripartite one concluded in presence of the government by reason of section 18 would be .....Tag this Judgment!
Court : Chennai
Reported in : [1996(74)FLR2052]
..... , 1989, in i.d. no. 23 of 1984 in so far as the industrial tribunal at madras has denied the workers full backwages. 4. the industrial tribunal entertained the dispute on a reference made to it by the state government, under section 10(1)(c) of the industrial disputes act, 1947 (hereinafter referred to as 'the act'), in g.o. ms. no. 589, labour department, dated march 13, 1984 ..... has ceased operation of the company and shifted the means of production elsewhere and when a unit of the company is kept closed after following the provisions contained in section 25ffa of the act, the workmen can have to no grievance. therefore, the learned judge set aside the award, since in the view of the learned judge, the findings of the tribunal are ..... object of sending the employees out of jobs, through contract labours, the management was said to have issued a closure notice by its letter dated november 14, 1983, under section 25ffa of the act assigning the following reasons : (1) there was a demand recession from early 1982; (2) number of orders placed on the ambattur unit have been cancelled due to lack of ..... the union had strong opposition. since the position, according to the management, was not found improving, even after all these efforts, the management gave notice to the government under section 25ffa of the act, of its intention to close down the manufacturing activities at the ambattur plant with effect from january 14, 1984, stating the reasons with copies thereof, also to other unions .....Tag this Judgment!