Skip to content

Filter by :

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

Jan 25 2005

Maruti Udyog Ltd. Vs. Ram Lal and Ors.

  • Decided on : 25-Jan-2005

Court : Supreme Court of India

Reported in : AIR2005SC851; 2005(5)ALLMR(SC)405; [2005(104)FLR820]; JT2005(1)SC449; (2005)ILLJ853SC; (2005)2SCC638; 2005(2)SLJ358(SC); (2005)2UPLBEC1470

... that in view of the tact that the industrial establishment of the company, namely, Maruti Limited cannot continue with its production activity and the workmen employed therein cannot be given any job, alt workmen should be retrenched in accordance with the provisions of the Industrial Disputes Act 1947 (hereinafter referred to as 'the 1947 Act'). Pursuant to or in furtherance of the said direction ... Ors. : (1996)7SCC139 stating :'...Since Section 25(O) was not available on account of the said provision having been struck down by this Court the only protection that was available to the workmen whose services were terminated as a result of closure was that contained in Sections 25FFA and 25FFF of the Act. It is not disputed that both these provisions have ... anything contained in the Industrial Disputes Act, 1947, or in any other law for the time being in force, the transfer of the services of any officer or other person employed in any undertaking of the Company to the Central Government or the Government company shall not entitle such officer or other employee to any compensation under this Act or entitle such ... workmen who are covered by Section 25FF and Section 25FFF on the other keeping in view the tact that whereas in the case of the former, a retrenchment takes place, in the latter it does not. The Parliament amended the provisions of the 1947 Act by inserting Section 25FF and Section 25FFF therein by reason of the Industrial Disputes (Amendment Act), 1957 with effect from ...

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 ...

Jan 17 1996

Prakash Murlidhar Dalal Vs. Tata Engineering & Locomotive Co. Ltd. & o ...

  • Decided on : 17-Jan-1996

Court : Mumbai

Reported in : 1996(4)BomCR269; [1996(73)FLR1102]; 1996(1)MhLj654

... were working at Amravati Regional Sales Office were prepared and produced and there was total non-compliance of rule 81 of the Industrial Disputes (Bombay) Rules, 1957 and violation of Section 25G of the Industrial Disputes Act, 1947. It was contended by Mr. Kadu, the learned counsel for complainant-workman that other employees who were working at Regional Sales Offices ... industrial establishment should also be an 'industrial establishment' or that it should be located in the same premises as the 'industrial establishment'. The term 'undertaking' though it occurs in several sections of the Industrial Disputes Act, as for instance, Ss. 25FF, 25FFA and 25FFF, is not defined anywhere in the Act. Even the new Cl. (Ka) which was inserted in S. 2 by the Amendment Act, 1982, defines the expression, 'industrial ... 81 of the Industrial Disputes (Bombay) Rules, 1987 and, thus, the best evidence which could have shown that 'last come, first go' was followed by employer-company was not there and as a result thereof itself, it could be said and held that there was no compliance of Section 25G of the Industrial Disputes Act, 1947 and resultantly, the ... a result thereof itself, it could be said and held that there was no compliance of Section 25G of the Industrial Disputes Act, 1947 and resultantly, the order of termination/retrenchment of the complainant workman could not stand. 16. There is no dispute that the complainant-workman has given notice to the employer-company to file seniority list ...

Apr 08 2004

Hyderabad (Sind) National Collegiate Board and Anr. Vs. Navin Kumar Ti ...

  • Decided on : 08-Apr-2004

Court : Mumbai

Reported in : (2004)106BOMLR489

... inter alia, based on the provisions of Section 33(2)(b) of the Industrial Disputes Act, 1947 which inter alia requires that if any person is dismissed during the pendency of the proceedings or industrial dispute in the Court then prior to the dismissal order being given effect to, a permission is required to be obtained from the Industrial Court for discharging or dismissal of the ... to give such a notice has been set out In Section 25FFA as has been done in Sub-section (7) of Section 25-O of the Act. This distinction in the scheme of these two sections viz. Section 25FFA and Section 25-O which has been made applicable to the State of Maharashtra by the State of Maharashtra Act No. 3 of 1982, is perceptible and material. ... Section 25F and Section 22FFF(1) of the Industrial Disputes Act, it has been held (at page 178) as under :A comparison of the language employed in Section 25F and Section 25FF(1) would bring about in bold relief the difference between the phraseology employed by the Legislature and its impact on the resultant rights of the workmen. Under Section 25F a workman employed in an industrial ... decision of the Supreme Court in A.S. Production Agencies v. Industrial Tribunal, Haryana : (1979)ILLJ1SC wherein on comparison of the language employed in Section 25F and Section 22FFF(1) of the Industrial Disputes Act, it has been held (at page 178) as under :A comparison of the language employed in Section 25F and Section 25FF(1) would bring about in bold relief the difference ...

Sep 17 1985

The Commercial Ahmedabad Mills Co. Ltd. and Ors. Vs. State of Gujarat ...

  • Decided on : 17-Sep-1985

Court : Gujarat

Reported in : (1986)1GLR456

... all why the provisions of Section 25FFA, 25FFF and 31(2) of the Act and the provisions of Section 9(2) of the Payment of Gratuity Act, 1972 and the relevant Rules have been enacted? Certainly with a view to protect the interests of the employees. Be it noted that in this country, till the enactment of Industrial Disputes Act and sometime thereafter ... -original complainant. The Company was called upon to show cause as to why appropriate action under the relevant provisions of the Industrial Disputes Act, 1947 and the Rules, framed thereunder and under the relevant provisions of the Payment of Gratuity Act, 1972 and the Payment of Gratuity Gujarat Rules, 1973 should not be taken and why prosecution should not be launched ... Act and the provisions of Section 9(2) of the Payment of Gratuity Act, 1972 and the relevant Rules have been enacted? Certainly with a view to protect the interests of the employees. Be it noted that in this country, till the enactment of Industrial Disputes Act and sometime thereafter also the relations between the employer and the employees were being governed and disputes ... 'a relief undertaking' under the provisions of Bombay Relief Undertakings (Special Provisions) Act, 1958. After the issuance of the notification under the provisions of the Bombay Relief Undertakings Act, the Government passed an order granting sanction for prosecution as required under Section 34 of the Industrial Disputes Act. The order of sanction passed by the Government in respect of all ...

Jan 05 2011

The Workmen of Taroda Opencast Mine of Western Coalfields Limited Vs. ...

  • Decided on : 05-Jan-2011

Court : Mumbai - Nagpur

... the requirements of Section 25FFA of the Industrial Disputes Act, 1947, was therefore, held to be devoid of legal effect, invalid and illegal. The challenge before Industrial Court there to notice of one month duration of closure of manufacturing unit was filed 30/10/1978 & closure was to commence on 9/11/1978. Thus the threats & efforts to close were very much in dispute. The High ... of mine as contained in Section 2(1)(b), to provisions of Fourth Schedule and to provisions of Fifth Schedule of Industrial Disputes Act,1947, to urge that any increase or decrease in number of workers is to be regulated in accordance with these Schedules & its S.9A. Lastly, it is urged that provisions of Section 33 of ID Act are not considered at all ... Act, 1952, to show when person can be said to be employed and Section 58(o) and (p) thereof are pressed into service with provisions of Chapter IX of the Mines Rules, 1955, dealing with canteen. Attention is also invited to definition of mine as contained in Section 2(1)(b), to provisions of Fourth Schedule and to provisions of Fifth Schedule of Industrial Disputes Act,1947 ... not in dispute that these NCWAs are binding on all subsidiaries of Coal India.24. The other document is a settlement in relation to six employees working in canteen at Korba (East) Mine where the concerned management accepted to give appointment to these six employees from 28.06.1981. The memorandum of Settlement under Section 12(3) of Industrial Disputes Act, 1947, in respect ...

Jan 25 1994

Savani Transport Pvt. Ltd. Vs. Savani Transport Employees Association ...

  • Decided on : 25-Jan-1994

Court : Kerala

Reported in : (1994)IILLJ269Ker

... of six branches. The branches were closed with effect from May 12, 1980. This being an industrial dispute, the Government referred the issue to the Industrial Tribunal as per Ext. P2 order of reference under Section 10(1)(d) of the Industrial Disputes Act, 1947 (for short 'the Act'). Ext. P3 is the written statement filed by the petitioner before the Tribunal. So also a ... Section 25FFA of the Act. The provisions contained in Section 25FFA will be attracted only in a case where more than fifty employees are employed. So also the provisions of Section 25G will be attracted only when all the branches are treated as one unit, in which case the principle of 'last come, first go' will apply. Therefore the provisions of Section 25FFA and Section ... this court in this proceeding. The Industrial Disputes Act is essentially an enactment for the investigation and settlement of industrial disputes between the employer and the employee. The right of the employer to close down his business or industry would, therefore, in the normal course, be outside the purview of the Act. Closure by itself involves no dispute; it is the volition of the ... principle of 'last come, first go' will apply. Therefore the provisions of Section 25FFA and Section 25G will apply only when it is established that the six branches closed down by the management are not independent units but are dependent units of the main establishment.11. The Industrial Tribunal in Ext. P1 award has mainly relied on the following ...

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 ...

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 ... section (1) of Section 25FFA and the period of notice has not expired at the commencement of the Industrial Disputes (Amendment) Act. 1 976, such employer shall not close down the undertaking but shall within a period of fifteen days from such commencement, apply to the appropriate Government for permission to close down the undertaking.(4) Where an application for permission has been made under Sub-section ... 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 ... 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) ...

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 ...

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //