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Search Results Judgments > Act:INDUSTRIAL DISPUTES ACT 1947 Section 25FFA Page:3

Mar 15 2001

The Dyes & Chemical Workers Union Vs. Bombay Oil Industries Ltd. and a ...

  • Decided on : 15-Mar-2001

Court : Mumbai

Reported in : 2001(2)ALLMR654; 2001(2)BomCR631; (2001)3BOMLR663; 2001(2)MhLj1

... 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 Industries. I had taken a view that the aforesaid categories cannot be included in the category of workmen employed by the industrial establishment while applying the provisions of Chapter VB of the Act ... section 25FFA of the Act, with effect from 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 as it was in contravention of section ... Industrial Disputes Act, only persons who answer the definition of workman' as contained in Section 2(s) of the Industrial Disputes Act are liable to be included. Mathadi workmen and contractor's workers cannot be included in computing such number. As far as workmen of other industrial establishments are concerned, they can be Included only if there is functional Integrality between the industrial establishment whose case under Section ...

Feb 24 1998

Indian Railway Construction Co. Ltd. and another Vs. Lal Mohammad and ...

  • Decided on : 24-Feb-1998

Court : Allahabad

Reported in : 1998(3)AWC1761; (1998)2UPLBEC1578

... whether I.R.C.O.N. is an industrial establishment within the meaning of Section 25L of the Act.'It has been held in the judgment under appeal that as prior permission of the appropriate Government was not obtained, there was non-compliance of Section 25N of Industrial Disputes Act, 1947 (hereinafter referred to as the Act) and, therefore, the Impugned order retrenching the ... 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 ... of Section 25N of Industrial Disputes Act, 1947 (hereinafter referred to as the Act) and, therefore, the Impugned order retrenching the writ petitioners from service was illegal and consequently, the writ petitions deserved to be allowed on that ground.6. We will first consider the question of applicability of Section 25N of the I. D. Act as there is no dispute that the ... Section 25N falling in Chapter VB shall govern the matter of retrenchment of petitioners and whether I.R.C.O.N. is an industrial establishment within the meaning of Section 25L of the Act.'It has been held in the judgment under appeal that as prior permission of the appropriate Government was not obtained, there was non-compliance of Section 25N of Industrial Disputes Act, 1947 ...

Mar 16 2005

Kapra Mazdoor Ekta Union Vs. Management of Birla Cotton Spinning and W ...

  • Decided on : 16-Mar-2005

Court : Supreme Court of India

Reported in : AIR2005SC1782; 2005(2)AWC1075(SC); [2005(105)FLR416]; [2005(3)JCR38(SC)]; 2005(2)KLT978(SC); (2005)IILLJ271SC; (2005)13SCC777; 2005(2)SLJ338(SC)

... closure of some looms of the Weaving Section of the Mill disputes arose between the workmen and the Management of the respondent-Company. The appropriate Government in exercise of its powers conferred by Section 10(1)(d) and 12(5) of the Industrial Disputes Act 1947 (hereinafter referred to as 'the Act') referred the said disputes to the Industrial Tribunal, Delhi vide Notification dated December 13, ... that after reference of the dispute further disputes arose between the Management and the Workmen and a notice of strike was served on the Management and some more demands were raised. The notice of strike was served on February 14, 1983 and the Management on April 4, 1983 gave notice under Section 25FFA of the Industrial Disputes Act for closing the undertaking ... by the Presiding Officer. Industrial Tribunal No. II, Delhi was quashed. By the said order the Industrial Tribunal had in effect recalled its Award of June 12, 1987 and framed an additional issue to be tried by the Tribunal. The High Court held that the Award dated June 12, 1987 had effectively terminated the industrial dispute referred to the ... Government Industrial Tribunal and Ors. (supra). This Court after noticing the provisions of Sub-section (3) of Section 20 of the Act which provides that the proceedings before the Tribunal would be deemed to continue till the date on which the Award become enforceable under Section 17A, held that till the Award becomes enforceable the Tribunal retains jurisdiction over the dispute ...

Feb 14 2008

Shree Steel Castings (Pvt.) Ltd. through its Managing Director Vs. Vas ...

  • Decided on : 14-Feb-2008

Court : Mumbai

Reported in : 2008(3)ALLMR747; 2008(5)BomCR191; (2008)110BOMLR843; [2008(119)FLR418]; (2008)IIILLJ133Bom; 2008(4)MhLj524

... Industrial Relations Act. The learned Counsel pointed out that Section 25J of the Industrial Disputes Act, which is a provision to override other laws inconsistent with Chapter 5-A of the Industrial Disputes Act, contains a proviso, specifically carving out an exception which would make benefits flowing from Model Standing Order No. 10 available to the employees. Section 25J of the Industrial Disputes Act reads ... of the judgment may be usefully reproduced as under:76. ...Section 25FFA provides that sixty days' notice must be given of intention to close down any undertaking and Section 25FFF provides for compensation to workmen in case of closing down of undertakings. Very briefly stated Section 25FFF which has been already discussed lays down that 'where ... of Section 25H of the Industrial Disputes Act, the complaint ought to have been allowed and therefore, proceeded to allow the petition by quashing and setting aside contrary order of the learned Member, Industrial Court. This judgment is assailed by the employer on the ground that the learned Judge erred in holding that Section 25H of the Industrial Disputes Act was ... to stretch the fiction under Section 25FFF, for any purpose beyond computation of compensation under Section 25F and it cannot, in any case, be extended to Section 25H. Therefore, the contention of the learned Counsel for the appellant that the appellant was not required to offer employment under Section 25H of the Industrial Disputes Act since the respondents were ...

Jul 20 1990

P.V. Desai Vs. State of Karnataka

  • Decided on : 20-Jul-1990

Court : Karnataka

Reported in : [1991(62)FLR635]; ILR1991KAR665

... compensation in accordance with the provisions of Section 25F and 25FFA of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act')- Twenty-one workmen came and received the payment and hence the Government is not justified in making reference of this dispute without applying their mind to the reasons ... industrial dispute exists or is apprehended, it may at any time by order in writing, refer the dispute for adjudication to the Competent Court having jurisdiction in accordance with the Act.10. It is well established that the discretion torefer a dispute for adjudication is neither unfetterednor arbitrary, for Section 10(1) clearly provides thatthere must exist an industrial dispute as defined inthe Act or such dispute ... Section 25FFF of the Act has sent a failure report to the Government.9. Under Section 10 of the Act, where the appropriate Government is of the opinion that any industrial dispute exists or is apprehended, it may at any time by order in writing, refer the dispute for adjudication to the Competent Court having jurisdiction in accordance with the Act ... Section 10 of the Act, where the appropriate Government is of the opinion that any industrial dispute exists or is apprehended, it may at any time by order in writing, refer the dispute for adjudication to the Competent Court having jurisdiction in accordance with the Act.10. It is well established that the discretion torefer a dispute for adjudication is neither unfetterednor arbitrary, for Section ...

Jul 26 1979

Transmissions P. Ltd. and Anr. Vs. C.V. Bapat and Ors.

  • Decided on : 26-Jul-1979

Court : Mumbai

Reported in : AIR1981Bom83; (1980)ILLJ476Bom

... 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 ... Industrial Court under the Maharashtra Recognition of Trade, Union and Prevention of Unfair Labour Practices Act, but the claim made in this petition cannot be granted in these proceedings. Mr. Pungalia very 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 ... 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 employer has previously given notice of closure but has not acted upon it and that fact would indicate ... 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 ...

Sep 24 1985

Stumpp Schuele and Somappa Ltd. and Vs. State of Karnataka,

  • Decided on : 24-Sep-1985

Court : Karnataka

Reported in : (1985)IILLJ543Kant

... s. (7) of the said S. 25-O applies will be given notice and paid compensation as specified in S. 25-N of the Industrial Disputes Act, 1947 (14 of 1947) as if the workmen had been retrenched under that section. Yours faithfully, for Stumpp, Schuele & Somappa Ltd., (Electronics Division) Sd/- M. R. Ramesh, Managing Director.' The reasons for closing down the electronics ... 1) and the an employer under Sub-s. (1) of appropriate government does not S. 25FFA and the period of notice communicate the order granting has not expired at the commencement or refusing to grant permission of the Industrial Dispute to the employer within a period (Amendment) Act, 1976, such of sixth days from the date on employer shall not close down ... Act. The application reads : 'Form of notice for permission of closure to be given by an employer under Sub-s. (1) of S. 25-O of the Industrial Disputes Act, 1947 (14 of 1947). dated 30th April, 1985. To The Secretary, Government of Karnataka, Social Welfare & Labour Dept., Multi-strayed Building, Bangalore-1. Sir, (WITHOUT PREJUDICE)Under S. 25-O of the Industrial Disputes Act, 1947 (14 of 1947 ... of its share-holders, the following question of law arises for consideration : 'Whether S. 25-O of the Industrial Disputes Act, 1947 ('the Act' for short) which requires the permission of the appropriate Government for closing down an industry to which part V-B of the Act applies is void on the ground that it is violative of the fundamental right guaranteed under Art. ...

Jul 22 2008

Agarwal Traders and Anr. Vs. Ankush M. Bhabal and Ors.

  • Decided on : 22-Jul-2008

Court : Mumbai

Reported in : (2008)IIILLJ928Bom; 2009(1)MhLj425

... closure as in the case of Section 25-FFF of the Industrial Disputes Act.16. In Avon Services Production Agencies (P) Ltd. v. Industrial Tribunal, Haryana and Ors. (supra) case the Supreme Court, vide paragraph 16 observed as follows:.By Section 25-F a prohibition against retrenchment until the conditions prescribed by that Section are fulfilled, is imposed; by Section 25-FFF(1) termination of employment ... and for no other. The expression 'as if used 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 ... . Industrial Tribunal, Haryana and Ors. AIR 1970 SC 170 and Maruti Udyog Ltd. v. Ram Lal and Ors. : (2005)ILLJ853SC that issuance of a notice and payment of compensation is not a condition precedent for giving effect to a closure as in the case of Section 25-FFF of the Industrial Disputes Act.16. In Avon Services Production Agencies (P) Ltd. v. Industrial Tribunal, ... by the petitioners is in the guise of the lock-out and being in contravention of Section 25(O) of the Industrial Disputes Act, is illegal since the contract of employment continues, the petitioners are bound to pay the wages to the respondents employees.6. The Industrial Court condoned the delay of about 7 years and thereupon adjudicated the complaint. It came ...

Jan 17 1994

Poonvasi and ors. Vs. Crown Silk Weaving Industries and ors.

  • Decided on : 17-Jan-1994

Court : Mumbai

Reported in : 1994(1)MhLj847

... Courts below on the provisions of the Industrial Disputes Act in deciding a case under Section 78 of the Bombay Industrial Relations Act. Because, what is challenged in the instant case is the closure of an undertaking and reliance is placed on Chapter V-A of the Industrial Disputes Act comprising of Section 25-A to 25-FFA and 25-FFF and 25-O. Section 25-J, which is a ... is in regard to the consequences of non-compliance with the requirements of Section 25-FFA. 3. Learned counsel for the respondent-employer submits that the dispute being one under the Bombay Industrial Relations Act, it has to be examined in the light of the provisions of the said Act and not the Industrial Disputes Act. He further submits that both the Courts below committed a manifest ... of the Industrial Disputes Act has an overriding effect over all other enactments on the subject referred to therein. That being so, a dispute regarding closure of an undertaking before a Labour Court under Section 78 of the BIR Act has to be decided with reference to the relevant provisions of Chapter V-A, particularly Sections 25-FFA, 25-FFF and 25-O. The Sections which ... '. This section is a clear answer to the objection of the learned counsel for the employer. It is evident that Chapter V-A of the Industrial Disputes Act has an overriding effect over all other enactments on the subject referred to therein. That being so, a dispute regarding closure of an undertaking before a Labour Court under Section 78 of the BIR Act has to ...

Aug 26 2010

The Aska Central Multipurpose Co-operative Society Ltd. Vs. Their Wor ...

  • Decided on : 26-Aug-2010

Court : Orissa

... . After failure of conciliation, the Government of Orissa in exercise of its power under Section 12(5) read with Section 10(1)(d) of the Industrial Dispute Act, 1947 (hereinafter referred to as the 'Act') made a reference on 17.02.1981 to the Labour Court, Bhubaneswar to adjudicate the dispute. The terms of reference are as follows:-"Whether the retrenchment of following forty three workmen ... award that without complying the provisions of Section 25FFA of the Act, closure became illegal, is quite arbitrary and contrary to the provisions of law. Therefore, the award is liable to be set aside. He further submitted that the learned Tribunal has acted contrary to law in holding that the provision of section 25F of the Act has not been followed at the time ... Industrial Dispute with regard to their retrenchment on the grounds that the principle of "Last Come First Go" has not been followed, no notice of retrenchment was given to the workmen and no retrenchment compensation was paid. After failure of conciliation, the Government of Orissa in exercise of its power under Section 12(5) read with Section 10(1)(d) of the Industrial Dispute Act, 1947 ( ... by the Labour Court in Paragraph-7 of the judgment, the management t has not complied with the requirement of section 25FFA of the Act. In this backdrop, on examining the impugned award, it is seen that two issues on the dispute were raised, i.e., (1) whether the retrenchment of the 43 second party - workmen by the fist party - management is ...

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