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

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 ...

Feb 11 2008

Bombay Gas Company Ltd. Vs. G.S. Baj and Ors.

  • Decided on : 11-Feb-2008

Court : Mumbai

Reported in : [2008(118)FLR530]; (2008)IIILLJ365Bom; 2008(4)MhLj88

... of Maharashtra in terms of Section 25FFA of the Industrial Disputes Act, 1947 (the Act for short) and intended to effect the lockout from 26-12-1983. On the same day the Company submitted an application to the Government of Maharashtra seeking permission to close down its undertaking at Lalbaug with effect from 26-12-1983 under Section 25O of the Act. The Government of Maharashtra, ... by the Industrial Tribunal at Mumbai thereby allowing Reference (IT) No. 77 of 1974.2. The facts leading to this petition and briefly stated are as under:The Deputy Commissioner of Labour, Mumbai vide his order dated 14-3-1974 had referred the following two demands for adjudication under Section 10(2) of the Industrial Disputes Act, 1947 to the Industrial Tribunal and ... certain issues, namely, whether a vast majority of the workmen had accepted the settlements, whether the settlements were signed and complied with the requirements under the Industrial Disputes Act, 1947 as well as the Industrial Disputes (Bombay) Rules, 1957 (?) and whether the demands or most of the demands under adjudication were covered by such settlements. The Tribunal ought to have considered these ... answered on the basis of principles different from those which come into play when an industrial dispute is under adjudication.In the case of K.P.C. Ltd. (supra), 29 workers were dismissed and a reference was made under Section 2(k) of the Act at the instance of the Union. During the pendency of the reference, the Union signed ...

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 ...

Dec 03 2004

Maya Press Mazdoor Sangh etc. Vs. Uppar Shramayukt and Ors.

  • Decided on : 03-Dec-2004

Court : Allahabad

Reported in : 2005(1)ESC437

... Section 4-K of U.P. Industrial Disputes Act, 1947, or it was within the domain and jurisdiction of Additional Labour Commissioner, Allahabad to decide the dispute in proceedings under Section 3 of U.P. Industrial Peace (Timely Payment of Wages) Act, 1978.22. In order to answer this question relevant provisions are to be looked into Section 2 (k) of U.P. Industrial Disputes Act, 1947 defines 'industries'. Section 2(1) defines industrial dispute, Section ... section of the Industrial Disputes Act which applied was Section 25O and not Section 25FFA.19. The next contention raised on behalf of the company was that the Trombay factory was registered under the Factories Act while the Churchgate Division was registered as a commercial establishment under the Bombay Shops and Establishments Act and, therefore, they could not be treated as one. According to the Industrial ... Section 25O of Industrial Disputes Act was not applicable and to the contrary Section 6-W of U.P. Industrial Disputes Act, 1947 was applicable and as in the petitioners' establishment there were less than 300 workmen, as such there was no occasion of violation of the provision of Section 6-W of U.P. Industrial Disputes Act, 1947. While said objections were pending Kallu Ram moved an application under Section 3 of U.P. Industrial ...

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) ...

Mar 16 2001

Seelan Raj & Ors. Vs. The Presiding Officer 1st Additional Labour Cour ...

  • Decided on : 16-Mar-2001

Court : Supreme Court of India

Reported in : [2001(89)FLR342]; JT2001(3)SC518; 2001LabIC1133; (2001)ILLJ1335SC; 2001(2)SCALE491; (2001)4SCC634; [2001]2SCR462; 2001(2)SCT406(SC); (2001)2UPLBEC1507

... were employed in the data processing division and they were informed of the decision to close down the unit. On 30.1.1989, a notice under Section 25FFA of the Industrial Disputes Act, 1947 [hereinafter referred to as 'the ID Act'] was sent to the State Government intimating the Government that the data processing operations would be closed down with effect from 3.4.1989. The services ... defined under Section 25L of the ID Act much less a factory as defined under Section 2(m) of the Factories Act, 1948 [hereinafter referred to as 'the Act'] and, thus the dispute referred to the Labour Court cannot be an industrial dispute in terms of Section 2(a) of the ID Act. The Labour Court overruled the objections raised by the second respondent and held that the ID Act covers ... purview of the welfare legislation, namely, the labour laws. In the view of the High Court, the object of bringing Explanation II to the Act is to march in step together with the industrial modernisation and electronic innovation in industrial field and in that view of the matter, the High Court dismissed the writ appeal. Hence this appeal. 5. On behalf of the ... of the workmen were terminated and was, therefore, required to comply with the provisions of Chapter V-B of the ID Act inasmuch as prior permission of the State Government had not been obtained as required under Section 25O of the ID Act; that the closure was unjustified; that the establishment of the first respondent and the second respondent are inter-connected as ...

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 ...

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 ...

Jan 29 1985

D.S. Vasavada, Textile Labour Association, Ahmedabad Vs. Regional Prov ...

  • Decided on : 29-Jan-1985

Court : Gujarat

Reported in : [1985(51)FLR308]; (1985)1GLR499; (1985)ILLJ263Guj

... of the Bombay Industrial Relations Act, 1946 provides that nothing in that Act shall affect any of the provisions of the Industrial Disputes Act, 1947. The Standing Orders prescribe only the procedure for closure and the consequence by way of termination of services by reason of the closure is to be found in the provisions of S. 25FFA read with S. 25FFF of the Industrial Disputes Act, 1947. In ... that the case being one of employment in Textile Mills, the Bombay Industrial Relations Act, 1946, applies S. 35 of that Act provides for Standing Orders in regard to matters mentioned in Schedule I. Entry 4 in Schedule I relates to closure or re-opening of a department or a section of a department or the whole of the undertaking. We ... Industrial Disputes Act, 1947. The Standing Orders prescribe only the procedure for closure and the consequence by way of termination of services by reason of the closure is to be found in the provisions of S. 25FFA read with S. 25FFF of the Industrial Disputes Act, 1947. In other words, there would be termination of the services by reason of closure only if there is compliance with Ss. 25FFA ... the services of the employees are to be found within the provisions of the Industrial Disputes Act. We are referring to this because the learned counsel for the respondent submitted that this is a matter of contract. It is certainly not so. The provision in S. 25FFA of the Industrial Disputes Act, 1947, prescribes 60 days' notice to be given of intention to close down ...

Sep 26 1995

Workmen Vs. Management of India Forge & Drop Stampings Ltd., and ors

  • Decided on : 26-Sep-1995

Court : Chennai

Reported in : [1996(74)FLR2052]

... , 1989, in I.D. No. 23 of 1984 in so far as the Industrial Tribunal at Madras has denied the workers full backwages. 4. The Industrial Tribunal entertained the dispute on a reference made to it by the State Government, under section 10(1)(c) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'), in G.O. Ms. No. 589, Labour Department, dated March 13, 1984 ... object of sending the employees out of jobs, through contract labours, the management was said to have issued a closure notice by its letter dated November 14, 1983, under section 25FFA of the Act assigning the following reasons : (1) There was a demand recession from early 1982; (2) Number of orders placed on the Ambattur unit have been cancelled due to lack of ... Government under section 25FFA of the Act, of its intention to close down the manufacturing activities at the Ambattur plant with effect from January 14, 1984, stating the reasons with copies thereof, also to other unions. The unions were said to have opposed the same and also started preventing despatch of all the finished goods. Allegations of forceful entry, and commission of acts of ... has ceased operation of the company and shifted the means of production elsewhere and when a unit of the company is kept closed after following the provisions contained in section 25FFA of the Act, the workmen can have to no grievance. Therefore, the learned Judge set aside the award, since in the view of the learned Judge, the findings of the Tribunal are ...

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