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Search Results Judgments > Act:COMPANIES ACT, 1956 1956 Section 445

Jan 07 2003

Maharashtra State Textile Corporation Limited Vs. Gopal Balu Saikar (s ...

  • Decided on : 07-Jan-2003

Court : Mumbai

Reported in : 2003(2)ALLMR47; 2003(4)BomCR836; [2003(97)FLR251]; (2003)IILLJ313Bom; 2003(3)MhLj531

... Section 445(3) of the Companies Act would result in termination of employment. He, however, submits that since under Sub-section (10) of Section 18FA of the Industries (Development and Regulation) Act the winding up order stands stayed, the termination, which is purely the result of Section 445(3) of the Companies Act can have no effect. 15. Section 18FA of the Industries (Development and Regulation) Act ... company is continued.'The learned Counsel for the Respondent does not dispute the fact that Section 445(3) of the Companies Act would result in termination of employment. He, however, submits that since under Sub-section (10) of Section 18FA of the Industries (Development and Regulation) Act the winding up order stands stayed, the termination, which is purely the result of Section 445(3) of the Companies Act ... company, except when the business of the company is continued.'The learned Counsel for the Respondent does not dispute the fact that Section 445(3) of the Companies Act would result in termination of employment. He, however, submits that since under Sub-section (10) of Section 18FA of the Industries (Development and Regulation) Act the winding up order stands stayed, the termination, which is purely the result of Section 445 ...

Jul 07 1981

In Re: Britannia Engineering Company Ltd. (In liquidation)

  • Decided on : 07-Jul-1981

Court : Kolkata

Reported in : [1983]54CompCas277(Cal)

... contention of Mr. Bhalla cannot be accepted at all. Further, under Section 445(3) of the Companies Act, 1956, services of all officers and employees of the company are deemed to have been terminated by reason of winding-up. Therefore, Mr. Bhalla pn any account cannot be said to be an employee of the said company in liquidation.5. In the result the occupation of Mr. Bhalla ... in this application under Section 446(2)(a), (b) and (d) of the Companies Act, 1956, and the rights of the parties may be determined. Mr. R. Chowdhury argued that the winding-up proceeding is stayed under Section 18FA of the I (D & R) Act, 1951. He referred to Sub-section (10) and accord^ ing to Mr. Chowdhury, pursuant to the said Sub-section (10), during the management ... Companies Act, 1956, and the rights of the parties may be determined. Mr. R. Chowdhury argued that the winding-up proceeding is stayed under Section 18FA of the I (D & R) Act, 1951. He referred to Sub-section (10) and accord^ ing to Mr. Chowdhury, pursuant to the said Sub-section (10), during the management and control by the authorised controller under the said I (D & R) Act ... . Chowdhury caunot be accepted and the said flat, the monthly tenancy of which belonged to the company in liquidation, being Britannia Engineering Co. Ltd., now devolves on the official liquidator and is deemed to be in the custody of the court under Section 456(3) of the Companies Act, 1956, of which the official liquidator is the custodian. It is also admitted by S. C ...

Sep 30 2004

Textile Labour Association Vs. O.L. of Amruta Mills Ltd.

  • Decided on : 30-Sep-2004

Court : Gujarat

Reported in : [2005]126CompCas469(Guj); [2005]58SCL452(Guj)

... as the Company goes into liquidation, as per the Provisions contained in Section 445(3) of the Companies Act, 1956, that relationship has come to an end. Section 468 of the Companies Act, 1956 provides a summary procedure for enabling the liquidator to avoid expensive litigation in discharge of one of his primary duties, namely, collection of the assets of the Company. When the company is ... to occupy their respective Chawls once the company goes into liquidation. Since their occupation was based on the employer employee relationship and as soon as the Company goes into liquidation, as per the Provisions contained in Section 445(3) of the Companies Act, 1956, that relationship has come to an end. Section 468 of the Companies Act, 1956 provides a summary procedure for enabling the ... on the provisions contained in Section 445(3) of the Companies Act, 1956 which says that winding up order shall be deemed to be notice of discharge to the Officers and employees of the Company, except when the business of the Company is continued. He has further relied on the provisions contained in Section 477 of the Companies Act, 1956 which says that the Court may ... in Section 445(3), 446, 468, 477 and 630 of the Companies Act, 1956, the Court is of the view that the Court has ample power to issue directions for eviction of the occupants from the Chawls belonging to the company as retention of all these Chawls by them is amounting to illegally or unlawfully withholding the properties of the company ...

Jan 04 2005

Sushila Pulp and Papers Ltd. Vs. Official Liquidator and Ors.

  • Decided on : 04-Jan-2005

Court : Allahabad

Reported in : III(2005)BC168; [2005]124CompCas281(All); [2005]62SCL502(All)

... Section 445(3) of the Companies Act, 1956, all officers and directors ceased to act for and on behalf of the company. Further under Section 457(1)(a) of the Companies Act, 1956, only the official liquidator can initiate or take proceedings by or on behalf of companies under liquidation. Sections 445(3) and 457(1)(a) of the Companies Act, 1956, reads as under :'Section 445 ... Companies Act, 1956, only the official liquidator can initiate or take proceedings by or on behalf of companies under liquidation. Sections 445(3) and 457(1)(a) of the Companies Act, 1956, reads as under :'Section 445. Copy of winding up order to be filed with Registrar,-. . .(3) Such order shall be deemed to be notice of discharge to the officers and employees of the company, except when the business of the company ... Section 457(1)(a) of the Companies Act, 1956, only the official liquidator can initiate or take proceedings by or on behalf of companies under liquidation. Sections 445(3) and 457(1)(a) of the Companies Act, 1956, reads as under :'Section 445. Copy of winding up order to be filed with Registrar,-. . .(3) Such order shall be deemed to be notice of discharge to the officers and employees of the company ...

Mar 25 1996

M/s. Credit Capital Finance Corporation Vs. Foremost Industries Ltd.

  • Decided on : 25-Mar-1996

Court : Delhi

Reported in : AIR1996Delhi310; [1996]87CompCas251(Delhi)

... Section 20 of the Arbitration Act, the plaintiff filed an application under Order 40, Rule 1 of the same Act for appointment of a Receiver with respect to the leased equipment. On the said application, this court had appointed a Receiver to take possession of the leased equipment. In the meantime the present application has been filed under Sections 442 and 446 of the Companies Act, 1956 ... the Company has failed to deposit the amount by the specified date.4. In view of all these facts, the applicant is not correct in saying that a Provisional Liquidator stands appointed and, thereforee, permission of the Company Court under Section 446 of the Companies Act must be obtained before the present suit can be proceeded with. The conditions contained in Section 445 ... meantime the present application has been filed under Sections 442 and 446 of the Companies Act, 1956 praying that proceedings pending in this court are liable to be stayed until the plaintiff seeks permission or leave of the Company Court which has allegedly passed the winding up order with respect to the defendant Company. The learned counsel for the plaintiff has ... Company Court under Section 446 of the Companies Act must be obtained before the present suit can be proceeded with. The conditions contained in Section 445 on the basis of which the said provision comes into operation are not satisfied in the facts of the present case. Neither it can be said that any winding up order has been passed qua the respondent company ...

Oct 01 1963

In Re: Shree Madhav Mills Ltd.;

  • Decided on : 01-Oct-1963

Court : Mumbai

Reported in : AIR1967Bom219; (1966)68BOMLR551; [1967(15)FLR430]; (1966)IILLJ827Bom

... their respective shifts as required under the provisions of the Industrial Disputes Act. The workers need not call at the Mills until further notice'(4) After the above notice, the undertaking of the mill's company was never worked. As a result of the winding up order, provisions in Section 445 of the Companies Act, 1956, became applicable and in the result the winding up order must ... After the above notice, the undertaking of the mill's company was never worked. As a result of the winding up order, provisions in Section 445 of the Companies Act, 1956, became applicable and in the result the winding up order must be deemed to be notice of discharge to all the employees of the company. The obvious result of the order was that the undertaking ... of the Company or it was result of what is mentioned in the proviso to sub-section (1) of Section 25FFF as 'unavoidable circumstances beyond the control of the employer.'(16) The fact that under Section 445(3) of the Companies Act employment of employees stands terminated as a result of winding up order cannot and does not justify the conclusion that the undertaking of the company ... the order in appeal, the Liquidator held that having regard to the provisions in Section 445(3) of the Companies Act, the winding up order must be deemed to be notice of discharge to the employees. According to him, the termination of services of the employees was statutory and was not act of the employer. He therefore held that the termination of services was ...

Jan 05 1965

Ram Hari De Vs. Official Liquidator, High Court

  • Decided on : 05-Jan-1965

Court : Kolkata

Reported in : AIR1965Cal552,69CWN317,(1965)IILLJ230Cal

... operation of Section 445(3) of the Companies Act, 1956. The principle to be observed has been laid down in Tait's case, (1871) 16 Solicitors' Journal 46. In that case, the terms of engagement of an officer by a company was that pounds 5000 would be paid to him if the company would discontinue ... operation of law. Section 445(3) of the Companies Act 1956 deals with the effect of the making of a winding-up order and runs as follows:'Such order shall be deemed to be a notice of discharge of the officers and employees of the company, except when the business of the company is continued.' ... of retrenchment as laid down in Section 2(oo), there must be the termination of services of workmen by the employer. It is nobody's case that the hank terminated the services of the appellants. They stood discharged by operation of Section 445(3) of the Companies Act, 1956. The principle to be ... Section 445(3) of the Companies Act, 1956 all this was altered and no option or choice remained with the bank. By operation of law, all workmen were deemed to have been dismissed. It was not the case of a voluntary closure of business or discharge of workmen by the employer as a result of any deliberate act ... the Supreme Court, or a number of English decisions cited in the court below, which do not turn on the special provisions of Section 445(3) of the Companies Act, 1956. Mr. Sen has argued that the tripartite agreement contemplated a gradual and phased reduction in the staff until the business was closed ...

Sep 24 1964

General Secretary, Palai Central Bank Employees' Union Vs. Official Li ...

  • Decided on : 24-Sep-1964

Court : Kerala

Reported in : [1965(10)FLR98]; (1966)ILLJ533Ker

... Section 25F(a) of the Industrial Disputes Act. The winding-up order was passed on 5th December, 1960; but the employees were discharged only more than one month thereafter at different dates. Under Section 445(3) of the Companies Aet a winding-up order shall be deemed to be notice of discharge to the employees of the company except when the business of the company ... the winding-up order operated as discharge of the employees as contemplated by Section 445(3) of the Companies Act, Therefore, this plea also fails.6. Lastly, it is contended that ... Section 445(3) of the Companies Aet a winding-up order shall be deemed to be notice of discharge to the employees of the company except when the business of the company is continued. The argument is that the business of the bank was continued under the official liquidator and, therefore, the notice under Section 445 ... Section 457(1) of the Companies Act and especially to Clause (b) thereof. This indicates that the carrying on of the business of the company, in so far as it is necessary for the beneficial winding-up of the company, is not continuing the business of the company ... Section 25FFF. There is thus no substance in this objection either.3. The third ground of attack is that the workers were entitled to notice-pay for one month under Section 25F(a) of the Industrial Disputes Act. The winding-up order was passed on 5th December, 1960; but the employees were discharged only more than one month thereafter at different dates. Under Section 445 ...

Dec 23 1998

In Re: Rohtas Industries Ltd. (in liquidation)

  • Decided on : 23-Dec-1998

Court : Patna

... word 'employ' in Section 2(f) as well as Section 1 means 'employ in work', that is to say, employed and actually working. 9. The words 'except when the business of the company is continued' occurring in Sub-section (3) of Section 445 of the Companies Act also lead to the same conclusion. The Section makes an apparent distinction between the employees of a company whose business is ... 9. The words 'except when the business of the company is continued' occurring in Sub-section (3) of Section 445 of the Companies Act also lead to the same conclusion. The Section makes an apparent distinction between the employees of a company whose business is continued even after passing of the winding-up order from those of a company whose business is not to continue. While in the ... under Section 2(e) of the Act, he cannot be called an 'employer' nor the employees concerned can be called 'employees of the company'. 4. On first blush the submission of Mr. R.S. Pradhan appears to be attractive. Although in terms of the provisions of Section 445(3) of the Companies Act, after winding-up order is made, the officers and employees of the Company stand ... on the provisions of Section 445(3) of the Companies Act, which lays down that making of a winding up order 'shall be deemed to be notice of discharge to the officers and employees of the Company, except when the business of the Company is continued'. Mr. Singh submitted that in order to attract the provisions of the Provident Funds Act there must be a ...

Jan 19 2001

Shri Sheriyar D. Foujdar Vs. Maharashtra State Textile Corporation Lim ...

  • Decided on : 19-Jan-2001

Court : Mumbai

Reported in : 2001(2)ALLMR310; 2001(2)BomCR756; (2001)2BOMLR269; [2001(90)FLR397]; (2001)ILLJ1207Bom

... of the petitioner was formally terminated by the 2nd respondent Company, he continued to be an employee, as the vinculum juris was not snapped, we cannot lose sight of the fact that upon passing of the winding up order, the services of the petitioner stood terminated by reason of section 445(3) of the Companies Act, 1956. Thus, there is no escape from the conclusion ... the petitioner stood terminated by reason of section 445(3) of the Companies Act, 1956. Thus, there is no escape from the conclusion that the petitioner's service came to an end from February, 1986, or at any rate in March, 1986. Conversely, the petitioner was not an employee of the textile mills, nor of the 2nd respondent Company, as on the date of acquisition ... respondent Company stood terminated if such persons were not employed before the designated day by the 1st respondent Corporation under sub-section (1) or (2). According to her. the petitioner's case falls squarely within it. In her submission, the petitioner not having been appointed under sub-section (1) or (2) of Section 12 by the 'proprietor' i.e. the 2nd respondent Company, ... sub-section, services of all persons employed by the 2nd respondent Company stood terminated if such persons were not employed before the designated day by the 1st respondent Corporation under sub-section (1) or (2). According to her. the petitioner's case falls squarely within it. In her submission, the petitioner not having been appointed under sub-section (1) or (2) of Section ...

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