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Search Results Judgments > Phrase: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 ...

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 ...

Sep 26 2003

Apar Industries Ltd. Vs. Natwarsinh Naharsinh Sindha

  • Decided on : 26-Sep-2003

Court : Gujarat

Reported in : (2003)3GLR2701; (2004)IILLJ282Guj

... while considering the question about 'industrial dispute', as defined under the Act, the Apex Court has observed as under in paragraphs 6 and 7 :-' ... ... ...(6) xxx xxx xxxAn 'industrial dispute' as defined in S.2(k) Industrial Disputes Act, 1947 (14 of 1947) - and by force of S.2 that definition applies to the Act means any dispute or difference between employers and ... the transferor company was not maintainable;(vi) There was no industrial dispute capable of being referred for adjudication and that there is a delay of about six years in raising the industrial dispute;(vii) That the transferor-Company has complied with the provisions of Section 25FF of the Industrial Disputes Act and so far as the subsequent development of ... industry. For this, he has relied upon the decision of the Apex Court in P.S. Mills Limited v. P.S. Mills Mazdoor Union : (1957)ILLJ235SC . In the aforesaid judgment, while considering the question about 'industrial dispute', as defined under the Act, the Apex Court has observed as under in paragraphs 6 and 7 :-' ... ... ...(6) xxx xxx xxxAn 'industrial dispute' as defined in S.2(k) Industrial Disputes Act, 1947 ... and one cannot close something which does not belong to it.16. Now, at this stage, reference is required to be made to Section 25FF of the Industrial Disputes Act. Section 25FF of the Act provides as under :-' ... ... ...25-FF. Compensation to workmen in case of transfer of undertakings.-Where the ownership or management of an undertaking is ...

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 ...

Sep 30 2010

M/s.New Horizon Sugar Mills Ltd. Vs. The Commissioner of Labour, And O ...

  • Decided on : 30-Sep-2010

Court : Chennai

... Section 25FF of the Industrial Disputes Act, 1947 to the workmen of the appellant Sugar Mill".4. The facts, which are necessary for the disposal of the writ appeal, could be precisely stated as hereunder: -The appellant availed certain credit facilities from the Indian Bank and committed default in repayment, and the Bank initiated proceedings under the SARFAESI Act 2002, and notice under Section 13(2) of the Act ... 12.07.2005 with an observation that the workmen will be entitled to the benefits available under Section 25FF of the Industrial Disputes Act as against the third and fourth respondents therein by virtue of the prescription made under Section 13(6) of the SARFAESI Act therein. The third and fourth respondents were the successful bidders in the auction sale.5. After ... counsel relying upon Section 25FF of the Industrial Disputes Act would submit that in the instant case, there is no retrenchment, but it is a deemed retrenchment by operation of law and therefore the appropriate date would be 31.12.2004 for all purposes. Further, the learned counsel would refer to Section 13 (4)(a) of the SARFAESI Act and contend that ... in the writ petition was confirmed by the Division Bench, wherein the learned Judge directed that the workmen are entitled to benefits available under Section 25FF of the Industrial Disputes Act, by virtue of the prescription of under Section 13(6) and as against this finding, there was no appeal filed by the management and the Judgment has become final.15. ...

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)

... cases to which Section 25FF applies, the only claim which the employees of the transferred concern can legitimately make is a claim for compensation against their employers. 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 ... 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 management. It is not in dispute that only 37 employees neither accepted the employment nor the compensation offered by the management in terms of Section 25-FF of the Act ... settled. It is not in dispute that the details of all the names of employees who were working for first respondent were 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 ... 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 Court of Judicature, Bombay, Bombay Garage Ltd. v. Industrial Tribunal.6. : (2006)IILLJ899SC in the case of Management of ...

Apr 23 1974

Central Inland Water Transport Corporation Limited Vs. The Workmen and ...

  • Decided on : 23-Apr-1974

Court : Supreme Court of India

Reported in : AIR1974SC1604; [1974(29)FLR56]; 1974LabIC1018; (1974)4SCC696; [1975]1SCR153

... to get retrenchment compensation under Section 25F, read with Section 25FF of the Industrial Disputes Act, 1947 ? If so, what amount of money are they entitled to ?(4) Whether the undertaking or the business of Messrs. Rivers Steam Navigation Company Limited has been closed within the meaning and contemplation of Section 25FFF of the Industrial Disputes Act, 1947 ? If so, what ... Industrial Disputes Act, (Act 14 of 1947), which are capable of being computed in terms of money :And whereas the workmen in lists Nos. I and II have requested the State Government to specify a Labour Court for determination of the amount to which such benefits should be computed; Now therefore in exercise of the power conferred by Sub-section (2) of Section 33(C) of the Industrial Disputes Act, 1947 (Act ... 1947), which are capable of being computed in terms of money :And whereas the workmen in lists Nos. I and II have requested the State Government to specify a Labour Court for determination of the amount to which such benefits should be computed; Now therefore in exercise of the power conferred by Sub-section (2) of Section 33(C) of the Industrial Disputes Act, 1947 (Act 14 of 1947 ... Section 25FFF of the Industrial Disputes Act, 1947 ? If so, what amount of money as compensation are If so, workmen mentioned in Lists Nos. I and II entitled to ?8. List No. I referred to above gives the names and addresses of 420 employees. List No. II contains the names of 92 employees. The employees raising the dispute ...

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 ...

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