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Search Results Judgments > Act:INDUSTRIAL DISPUTES ACT 1947 Section 25FF

Jul 27 1981

Ambala Cantt. Electric Supply Corporation Ltd. Vs. Commissioner of Inc ...

  • Decided on : 27-Jul-1981

Court : Punjab and Haryana

Reported in : (1981)25CTR(P& H)361; [1982]133ITR343(P& H)

... was payable under Section 25FF of the Industrial Disputes Act, 1947. '32. It is thus clear from the records of this case (Modi Electric Supply Co.) that it had taken the plea of Section 25FFF, which deals with the closure of the business of the industrial undertaking and not Section 25FF. Section 25FF of the Indusrial Disputes Act specifically deals with the transfer of the industrial undertaking. Closure ... the parties is about the sum of Rs. 1,36,000. This amount was paid by the assessee as retrenchment compensation to its workmen under Section 25FF of the Industrial Disputes Act, 1947. The ITO disallowed this amount. In the appeal filed by the assessee, the AAC reversed the order of the ITO. On further appeal by the ... Section 25FFF of the Industrial Disputes Act, 1947, was a revenue expense, the same having been incurred during the course of carrying on of the business. The company filed a letter dated 3rd of September, 1966, where it submitted as under : '3. Re : Retrenchment compensation : Liability of the company in respect of retrenchment compensation accrued under the Industrial Disputes Act, 1947. ... Industrial Disputes Act, 1947. Our electricity undertaking was closed down on 7th June, 1963, consequent upon the expiry of our electric supply licence. We did not transfer the services of any employee of the undertaking to the Punjab State Electricity Board who took over the undertaking. We had given notice of retrenchment under Section 25F of the Industrial Disputes Act ...

Aug 30 1999

Piara Mal Kanahaya Lal Vs. Asstt. Cit

  • Decided on : 30-Aug-1999

Court : Income Tax Appellate Tribunal (ITAT) - Amritsar

Reported in : (2004)91TTJ(Asr.)710

... give proper meaning for transfer of ownership of management for the purpose of section 25FF of the Industrial Disputes Act, 1947. Section 25FF reads as follows : "Section 25FF. Compensation to workmen in case of transfer of undertakings.Where the ... Industrial Disputes Act, 1947. This issue came before the Jurisdictional High Court in the case of Ambala Cantt. Electric Supply Corporation Ltd. v. CIT (supra). The Hon'ble High Court was defining the application and implication of section 25FF of the Industrial Disputes Act, 1947. The Hon'ble High Court has given following finding : "Although the reference to the history and object of the introduction of sections 25F and 25FF in the Industrial Disputes Act ... section 25FF of the Industrial Disputes Act, 1947. This issue came before the Jurisdictional High Court in the case of Ambala Cantt. Electric Supply Corporation Ltd. v. CIT (supra). The Hon'ble High Court was defining the application and implication of section 25FF of the Industrial Disputes Act, 1947. The Hon'ble High Court has given following finding : "Although the reference to the history and object of the introduction of sections 25F and 25FF ... section 25FF of the Industrial Disputes Act, 1947. The Hon'ble High Court has given following finding : "Although the reference to the history and object of the introduction of sections 25F and 25FF in the Industrial Disputes Act need not be gone into, a brief reference to it seems unavoidable at this stage. The rights created by section ...

Jul 12 2005

PNL Depositors' Welfare Association, Registered No. 94/2005, rep. by S ...

  • Decided on : 12-Jul-2005

Court : Chennai

Reported in : 2005(4)CTC469; [2005]64SCL115(Mad)

... Section 13(4) with the transferee, having regard to the operation of Section 37, the consequences that would flow from Section 25FF of the Industrial Disputes Act would automatically come into play. The learned Senior Counsel would therefore, contend that by virtue of the application of the said provision relating to transfer of establishment as provided under Section 25FF of the Industrial Disputes Act ... stand to . gain inasmuch as whatever rights that had accrued to the workmen which can be worked out under Section 25FF of the Industrial Disputes Act remains intact. Section 25FF of the Industrial Disputes Act is to the following effect:'25-FF. Compensation to workmen in case of transfer of undertakings.-- Where the ownership ... Act as it stands today. The learned Senior Counsel, while referring to Section 13(6) of the Act, contended that once the transfer of secured assets takes place, by virtue of invocation of Section 13(4) with the transferee, having regard to the operation of Section 37, the consequences that would flow from Section 25FF of the Industrial Disputes Act ... Section 25FF of the Industrial Disputes Act as against the third and fourth respondents by virtue of the prescription made under Section 13(6) of the SARFAESI Act.42. To sum up,(a) Writ Petition No. 9834 of 2005 is dismissed as not maintainable on the ground of efficacious alternate remedy available under the provisions of Pondicherry Protection of Interests of Depositors in Financial Establishments Act, 2004 (Act ...

Dec 03 1968

Payment of Wages Inspector Vs. Surajmal Mehta and Anr.

  • Decided on : 03-Dec-1968

Court : Supreme Court of India

Reported in : AIR1969SC590; 1969(17)BLJR821; [1969(18)FLR284]; (1969)ILLJ762SC; 1969MhLJ848(SC); [1969]2SCR1051

... of 20 employees of the company filed an application under Section 15(2) of the Act to recover from respondent 1 wages for the notice month and retrenchment compensation amounting to Rs. 12,853.60P. payable to the employees under Section 25FF of the Industrial Disputes Act, 1947. On respondent 1 contesting the claim as also the ... Industrial Disputes Act, 1947. On respondent 1 contesting the claim as also the jurisdiction of the Authority, the Authority raised certain preliminary issues, namely : (1) whether the said application was maintainable in view of the revocation of the company's licence, (2) whether the Authority had jurisdiction to determine the liability of respondent 1 for retrenchment compensation before the amount thereof was ascertained under Section ... Section 25FF of the Industrial Disputes Act can fall under the amended definition in Section 2(vi)(d) of the Act and can be called 'wages'. The High Court thought that it was not but Mr. Shroff relied on certain decisions of this Court to contest that part of the conclusion of the High Court. The Industrial Disputes Act, which as enacted in 1947 ... Acts could possibly have contemplated that claim arising under the Industrial Disputes Act should be determined by a tribunal set up under a different Act. 4. On these contentions the first question which arises for determination is whether compensation payable under Section 25FF of the Industrial Disputes Act can fall under the amended definition in Section 2(vi)(d) of the Act ...

Jan 05 1987

Rajasthan State Ware Housing Corporation Vs. Authority appointed under ...

  • Decided on : 05-Jan-1987

Court : Rajasthan

Reported in : 1987(1)WLN503

... Act to recover wages for the notice period and also retrenchment compensation payable to them under Section 25FF of the Industrial Disputes Act. This claim was contested by the employer and the jurisdiction of the Authority under the Wages Act was also challenged. In this connection it was held that the Authority under the Wages Act cannot entertain a claim for compensation under Section 25FF of the Industrial Disputes Act ... Act was also challenged. In this connection it was held that the Authority under the Wages Act cannot entertain a claim for compensation under Section 25FF of the Industrial Disputes Act as it involved complicated questions of law. The proper authority was held to be the Labour Court. The compensation payable under Section 25F, 25FF and 25FFF of the Industrial Disputes Act ... Section 15(2) of the Wages Act to recover wages for the notice period and also retrenchment compensation payable to them under Section 25FF of the Industrial Disputes Act. This claim was contested by the employer and the jurisdiction of the Authority under the Wages Act was also challenged. In this connection it was held that the Authority under the Wages Act cannot entertain a claim for compensation under Section 25FF ...

Mar 19 1996

Spencer Group Aerated Water Factory Employees' Union and anr. Vs. The ...

  • Decided on : 19-Mar-1996

Court : Chennai

Reported in : (1997)ILLJ362Mad

... Section 25FF of the Act.' After the judgment in Hariprasad Shivshankar Shukla v. A. D. Divelkar (Supra) the section was amended by Amending Act 5 XVIII of 1957. The objects and reasons for this Amending Act are as follows :- 'In a judgment delivered on November 27, 1956, the Supreme Court held that no retrenchment compensation was payable under Section 25FF of the Industrial Disputes Act, 1947 ... 1990)IILLJ70SC the Supreme Court has referred to the Objects and Reasons of the Amending Act 41 of 1956 inserting Original Section 25FF of the Act on September 4, 1956. The objects and reasons are as follows :- 'Doubt has been raised whether retrenchment compensation under the Industrial Disputes Act, 1947 becomes payable by reason merely of the fact that there has been a change ... in detail the scope of Section 25FF of the I.D. Act. It was observed as follows :- at P 864 'The workmen of such undertaking are entitled to only the notice and compensation as provided under Section 25FF of the Industrial Disputes Act, if they do not come within the ambit of proviso to Section 25FF of the Industrial Disputes Act. If the workmen of ... Section 25F of the Industrial Disputes Act, if the workman was in continuous service for not less than one year and that too only if the proviso to Section 25FF of the I.D. Act, was not attracted. Where the proviso to Section 25FF of the Act is attracted and those conditions are satisfied, the workman is not entitled to notice and compensation in accordance with Section ...

Mar 18 2008

IPCL Employees' Association and Anr. Vs. Indian Petrochemical Corporat ...

  • Decided on : 18-Mar-2008

Court : Gujarat

Reported in : (2008)3GLR1856; (2009)ILLJ399Guj; [2008]84SCL133(Guj)

... the provisions of Section 25FF of the Industrial Disputes Act, 1947 i.e. the workmen who had been in continuous service for not less than one year as on 16.8.2007 with IPCL shall be entitled to compensation for services rendered to IPCL for the period upto 16.8.2007, in accordance with the provisions of Section 25F of Industrial Disputes Act, 1947. It shall ... of workmen to object to the Scheme.14. Having considered the rival submissions --14.1 It appears that Sections 391 to 394 of the Companies Act, 1956 are a complete Code in themselves subject to their juxtaposition with Section 25FF of the Industrial Disputes Act, 1947. Neither of these legislations provide for consultation with the workers for the purpose of deciding on merger or ... by erstwhile IPCL employees would not entitle them to retrenchment compensation under Section 25F or 25FF. On the other hand, if it is considered to be termination of services by IPCL as a result of the transfer, it would be considered as deemed retrenchment under Section 25FF of the Industrial Disputes Act, 1947 and the workers will be entitled to retrenchment compensation. (The ... employees who do not wish to continue with Reliance Industries Ltd. shall be entitled to exercise within two months from today, the option not to continue with Reliance Industries Ltd. and upon exercise of such option they shall be entitled to receive compensation under the provisions of Section 25FF of the Industrial Disputes Act, 1947 i.e. the workmen who had been in ...

Mar 25 1964

Fajale Hussain Vs. Authority under Payment of Wages Act

  • Decided on : 25-Mar-1964

Court : Madhya Pradesh

Reported in : (1966)ILLJ361MP

... the petitioners were liable to pay any compensation to the employees of the mills under Section 25FFF of the Industrial Disputes Act, 1947. This objection was overruled by the authority. It was repeated in appeals which the petitioners ... Section 25FFF of the 1947 Act. So far as the jurisdiction of the labour court to adjudicate upon a claim under Section 25FFF of the Industrial Disputes Act and the exclusion of the jurisdiction of the authority under the Payment of Wages Act is concerned, there is no material difference between the provisions of Sections 25FF and 25FFF of the Industrial Disputes Act. The compensation payable to a workman under Section 25FFF of the 1947 Act ... Section 25FFF of the Industrial Disputes Act and the exclusion of the jurisdiction of the authority under the Payment of Wages Act is concerned, there is no material difference between the provisions of Sections 25FF and 25FFF of the Industrial Disputes Act. The compensation payable to a workman under Section 25FFF of the 1947 Act is also by virtue of the statutory provisions contained in that section ... Act can adjudicate upon a claim falling under Section 25FFF of the 1947 Act. So far as the jurisdiction of the labour court to adjudicate upon a claim under Section 25FFF of the Industrial Disputes Act and the exclusion of the jurisdiction of the authority under the Payment of Wages Act is concerned, there is no material difference between the provisions of Sections 25FF and 25FFF of the Industrial Disputes Act ...

Nov 22 1996

Bhola Nath Mukherjee and Ors. Vs. Govt. of W.B. and Ors.

  • Decided on : 22-Nov-1996

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; [1996]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 ... 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, ... of 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 ...

Apr 30 1969

U.P. Electric Supply Co. Ltd. Vs. R.K. Shukla and Anr., etc.

  • Decided on : 30-Apr-1969

Court : Supreme Court of India

Reported in : AIR1970SC237; (1969)IILLJ728SC; (1969)2SCC400; [1970]1SCR507

... of the U.P. Industrial Disputes Act, 1947. Section 4-A of the U.P. Act authorises the State Government to constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the First Schedule and for performing such other functions as may be assigned to them under the Act. The items specified ... Section 25FF, of the Industrial Disputes Act, 1947. It was urged before this Court that the Labour Court was incompetent to decide the claim for retrenchment compensation. This Court observed that Section 25FF(b) applied as the terms of service under the new employer were less favourable than those under the old employer, and under the terms of Sections 15(1) & (2) of the Acquisition Act and Sections ... Acts on the matter in controversy in these groups of appeals are not materially different, we do not think it necessary in this case to refer the question to a larger Bench.10. We, accordingly, propose to refer only to the provisions of the U.P. Industrial Disputes Act, 1947. Section 4-A of the U.P. Act ... Industrial Disputes Act, 1947, and the U.P. Industrial Disputes Act, 1947, are substantially the same. We may, however, briefly refer to this argument since, relying upon a judgment of this Court to be presently noticed, counsel for the workmen insisted that Section 33-C(2) of the Industrial Disputes Act alone may apply.8. After the enactment of the Industrial Disputes Act, 1947, by the Dominion Parliament, the U.P. Industrial Disputes Act, 1947 ...

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