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

Feb 04 2003

The Management of Best and Crompton Engineering Ltd. Vs. The Presiding ...

  • Decided on : 04-Feb-2003

Court : Chennai

Reported in : [2003(97)FLR927]; (2003)IILLJ502Mad

... in several sections of the Industrial Disputes Act, as for instance, Sections 25FF, 25-FFA and 25-FFF, is not defined anywhere in 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 from the opening words of clause (ka), namely, ''industrial ... 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 Act. Even the new clause (ka) which was inserted in Section 2 by the Amendment Act, 1982, defines the expression 'industrial ... 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 dispute.7. Learned Senior Counsel for the appellant/employer, Sri. R. Thiagarajan, submitted that the word 'undertaking' used in Section 25FF is a term of general import ... . 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 ...

Oct 05 2009

Commissioner of Income Tax-III Vs. Rajini Investment Pvt. Ltd. (Now kn ...

  • Decided on : 05-Oct-2009

Court : Chennai

Reported in : [2009]319ITR433(Mad)

... a transfer of business by the assessee, to which the provisions of Section 25FF of the Industrial Disputes Act, would apply. The amount sought to be written off as bad debt, was the retrenchment compensation, which became payable by the assessee by virtue of the transfer, which has been provided for under Section 25FF of the Industrial Disputes Act. Certainly, that was a statutory liability, which the assessee in ... dispute. We, therefore, endorse the views of the Tribunal while upholding the order of the Tribunal.4. As far as the reliance placed upon the decision reported in 65 ITR 645 Commissioner of Income-tax v. Gemini Cashew Sales Corporation is concerned, that was a case relating to a transfer of business by the assessee, to which the provisions of Section 25FF ... assessment year 1998-99. The claim for such deduction was made based on the provision contained in Section 36 of the Income-tax Act. The Assessing Authority as well as the Commissioner of Income-tax (Appeals) by making a reference to Section 36(2)(i) of the Act, took the view that since the assessee discontinued his money lending business subsequent to the ... discontinued his money lending business subsequent to the relevant assessment year, the claim for deduction by way of bad debts was not permissible. The Tribunal, however, by interpreting Section 36(2)(i) of the Act, held that the assessee, having suffered a bad debt, as a matter of fact in the relevant assessment year relatable to the previous year, was entitled ...

Aug 20 1992

K.N. Cheluvaiah Vs. Management, Bharat Heavy Electricals Ltd.

  • Decided on : 20-Aug-1992

Court : Karnataka

Reported in : ILR1992KAR3404; 1992(3)KarLJ600

... have been transferred to any other unit or place except inter-department transfer within the factory. On being taken over by the 1st respondent of the Mysore Porcelains Factory, Section 25FF of the Industrial Disputes Act got attracted and the management would have had to pay retrenchment compensation amongst other conditions. The terms and conditions of service applicable to the workman after the take over ... . It is submitted on behalf of the petitioner that the whole action of the 1st respondent management is mala fide; that he is a protected workman as contemplated under the Industrial Disputes Act, 1947; that when the petitioner joined the Porcelains unit there was only one establishment and transfer was not one of the conditions of service inasmuch as there was only one unit ... . v. Atmaram Sungomal Poshani vii. 76 FJR 73 Indian Oil Corporation v. Jt. Chief Labour Commissioner;4. The question of transfer of an employee has been the subject matter of industrial adjudication. Employment being primarily a creature of contract its terms are modified only to the extent they are superseded by law, contract or award. The rights and obligations of the ... ORDERRajendra Babu, J.1. The petitioner is an employee of the 1st respondent which is a Public Sector undertaking. Years ago there was an industrial establishment known as Government Porcelains Factory which was run under the direct control of the Government of Karnataka. Later, in the year 1967, it was converted into a limited company ...

Jul 30 2004

Motorola India Ltd. Vs. DSS Mobile Communications Ltd.

  • Decided on : 30-Jul-2004

Court : Delhi

Reported in : [2005]127CompCas318(Delhi); (2005)3CompLJ95(Del); 113(2004)DLT176; 2004(76)DRJ214; [2004]56SCL601(Delhi)

... infirmity in respect of the resolution. (viii) That section 25FF of the Industrial Disputes Act had no application to the case, nor was the contention that without the workmen's consent, no transfer could be effected as the workmen are deemed to be co-owners of the undertaking sustainable. (ix) That section 537(1) of the Companies Act applied only to sales which were held in pursuance ... the same position in which he was when he presented the petition for winding-up. Section 531 of the Companies Act, 1956, cannot be used as a shield to retain the money. Section 531 is one of the sections which deal with effect of winding-up on antecedent transactions. The section, so far as it is relevant, makes any payment made by the company six ... for depositing the amount received during the pendency of the petition or one year before filing of the petition as envisaged in Section 531. 19. We may draw some support from Section 227 of the English Companies Act, 1948, although that Section is not identically worded and is couched as under:- ''In a winding up by the Court, any disposition of the property of ... ''disposition of property'' effected after the commencement of the winding up. The impugned transaction was, thereforee, not vitiated either under section 537 or section 536(2) of the Act.'' 27. In view of the aforesaid reading of the provisions of the Companies Act, as understood by me, I am unable to agree with the judgment of the Bombay High Court in the case of ...

Sep 23 2008

K. Alex Vs. Delhi State Mineral Dev. Corporation

  • Decided on : 23-Sep-2008

Court : Supreme Court of India

Reported in : 2008(56)BLJR3047; (2009)ILLJ612SC; (2008)8MLJ1123(SC); 2008(12)SCALE803; (2008)9SCC456; 2009(1)SLJ297(SC); 2008(2)LC1290(SC); 2008AIRSCW6992

... , there is no right in that employee to get re-employment in some other organization. The only right which the employee has is to get closure compensation under Section 25FFF of the Industrial Disputes Act, if he is a workman.It is submitted that some other employees were employed by different government departments but in our opinion that was not a matter of right ...

Nov 01 2002

Anchor Industries Employees' Union Vs. Anchor Industries and 33 Ors.

  • Decided on : 01-Nov-2002

Court : Mumbai

Reported in : (2003)3BOMLR698

... Labour Practices Act, 1971. (hereinafter referred to as MRTU & PULP Act).2. By the aforesaid Complaint (ULP) No. 337 of 1980 the Petitioner Union had contended before the Industrial Court that the Respondent No. 1 Company had indulged in an illegal lockout under the guise of closure whereby the Respondent No. 1 Company had violated the provisions of Section 25-O of the Industrial Disputes Act. ... the Industrial Court that the Respondent No. 1 Company had indulged in an illegal lockout under the guise of closure whereby the Respondent No. 1 Company had violated the provisions of Section 25-O of the Industrial Disputes Act. In the aforesaid complaint, after regarding of evidence and after a full fledged hearing, the same ultimately came to be dismissed by the Industrial Court ... is either admitted or found that the closure is real and bonafide, any dispute arising with reference thereto would, as held in K.M. Padmanabha Ayyar v. State of Madras : (1954)ILLJ469Mad , fall outside the purview of the Industrial Disputes Act. And that will a fortiori be so, if a dispute arises - if one such can be conceived - after the closure of the ... , the dispute which the respondents may raise in respect of such a closure is not an industrial dispute at all. On the other hand, if, in fact and in substance, it is a lockout, but the said action has adopted the disguise of a closure, and a dispute is raised in respect of such an action, it would be an industrial dispute which industrial adjudication ...

Mar 25 1991

Nathalal Asharam Vs. Commissioner of Income-tax

  • Decided on : 25-Mar-1991

Court : Gujarat

Reported in : [1992]194ITR110(Guj)

... the assessee to pay such retrenchment compensation in view of the provisions of section 25FFF of the Industrial Disputes Act, 1947. The Appellate Assistant Commissioner, after examining the relevant provisions of Industrial Disputes Act, upheld the contention of the assessee that it was under a statutory obligation to pay to its Industrial Disputes Act. The assessee had worked out the compensation amount under the said provision payable ... Rs. 51,800 as deduction under section 37(1) of the Act, by way of retrenchment compensation because such expenditure could never be said to have been made for the purpose of the carrying on of the business of the firm. The Tribunal concluded that the compensation payable under section 25FFF of the Industrial Disputes Act to the retrenched employees of the ... section 25FFF of the Industrial Disputes Act arose for the first time after the closure of the business and not before and it arose not in the carrying on of the business but on account of the transfer of the business and, therefore, such expenditure was not of revenue nature and could not be deducted under section 10(1) of the Act ... said amount was provided for by way of retrenchment compensation for its employees in view of the provisions of section 25FFF of the Industrial Disputes Act and, accordingly, its appeal was partly allowed accepting the figures worked out by it. Under section 37(1), any expenditure of the nature referred to therein laid out or expended wholly and exclusively for the ...

Feb 08 2006

Indian Airlines Ltd. Vs. Union of India (UOI) and Anr.

  • Decided on : 08-Feb-2006

Court : Delhi

Reported in : 128(2006)DLT735; 2006(88)DRJ316; (2006)IIILLJ156Del; 2006(3)SLJ377(Delhi)

... the Government. One was to terminate the services of the employees of Vayudoot upon closure/merger of Vayudoot Ltd. after paying closure compensation under Section 25-FFF of the Industrial Disputes Act. The second was the humanitarian approach to absorb employees of Vayudoot with Indian Airlines and other organizations under the Ministry of Civil Aviation such ... the Court can intervene. To quote the classic passage from the judgment of Lord Greene M. R. In Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation 1947 (2) All ER 680:It is true the discretion must be exercised reasonably. Now what does that mean? Lawyer familiar with the phraseology commonly used ... agree with this view.24. It appears that despite the dismissal of WP (C) 723/98 and WP (C) 931/98 on 12.7.99 the dispute did not come to an end and a meeting was held on 16.3.2000 in which certain decisions were reached which have been quoted ... (Commercial) in the SHOD of Indian Airlines filed WP(C) 723/98 and WP(C) 931/98. Their main grievance was that Indian Airlines was acting illegally in only considering the Deputy Manager (Commercial) working in the Indian Airlines for the purpose of promotion to the post of Manager (Commercial). It ... irrelevant to what he has to consider. If he does not obey those rules, he may truly be said, and often is said, to be acting unreasonably. Similarly, there may be something so absurd that no sensible person could ever dream that it lay within the powers of the authority.55. ...

Jan 17 2002

Orissa Textile & Steel Ltd. vs. State of Orissa and Ors.

  • Decided on : 17-Jan-2002

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

... 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 to amended Section ... consideration relates to the constitutional validity of Section 25(O) of the Industrial Disputes Act as introduced by Central Act No. 46 of 1982 and Section 25(O) as applicable in the State of MP by virtue of M.P. Act No. 32 of 1983 as well as Section 6(W) of the U.P. Industrial Disputes Act, 1947. The earlier provision contained in Section 25(O) was struck down by ... have held that the amended Section 25-O of the Industrial Disputes Act and/or Section 6-W of the U.P. Industrial Disputes Act still suffers from the substantial vice pointed out in Excel Wear's case and is therefore unconstitutional. Some other High Court have, relying on Meenakshi Mills' case, upheld the validity of amended Sections 25-O and/or Section 6-W.4) At ... 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 to amended Section 25-O. Even though in this Judgment reference is made only to Section ...

Mar 21 1974

Workmen of The Straw Board Manufacturing Co. Ltd. Vs. Straw Board Manu ...

  • Decided on : 21-Mar-1974

Court : Supreme Court of India

Reported in : AIR1974SC1132; [1974(28)FLR357]; 1974LabIC730; (1974)ILLJ499SC; (1974)4SCC681; [1974]3SCR703

... are entitled to compensation under Sub-section (1) of Section 25FFF of the Industrial Disputes Act (briefly the Central Act) and the proviso of that Sub-section is not attracted.6. On behalf of the respondent the principal submissions of Mr Chitaley are as follow; ; -(1) If a distinct business activity is closed then the provision of Section 25FFF is satisfied. The section uses the word-'undertaking' in a ... and was made in violation of Sections 6 N and 6-P of the U.P. Act and is, therefore, invalid in law.(4) Alternatively, if the action of the Company even amounts to closure, the workmen are entitled to compensation under Sub-section (1) of Section 25FFF of the Industrial Disputes Act (briefly the Central Act) and the proviso of that Sub-section is not attracted.6. On ... of his own. It is because of this that Section 25FFF has been inserted by an amendment of the Industrial Disputes Act by Act 18 of 1957 and it is not necessary for us to trace the history of the insertion of Chapter V-A in the Central Act by Amendment Act 47 of 1953 and later on of Section 25FFF with other provisions. We may only note ... . Act.(3) In any event, termination of the services of 98 workmen constituted retrenchment and was made in violation of Sections 6 N and 6-P of the U.P. Act and is, therefore, invalid in law.(4) Alternatively, if the action of the Company even amounts to closure, the workmen are entitled to compensation under Sub-section (1) of Section 25FFF of the Industrial Disputes Act (briefly ...

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