Court : Mumbai
Reported in : 2001(2)ALLMR654; 2001(2)BomCR631; (2001)3BOMLR663; 2001(2)MhLj1
..... contractor and the workers enrolled with mathadi board. according to the employers in this matter, while computing the number of workmen, to apply the provisions of chapter vb of the 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 ..... employer. there is no dispute that there is a unity of ownership and management. however, these are the two separate undertakings situated at different and far off places though within the local limits of greater mumbai. by a notice dated 1.6.1998, the respondent company declared its intention to close down the bhandup factory under section 25ffa of the act, with effect from ..... as it was in contravention of section 25(o) of chapter vb of the act as no prior permission of the state government was taken. according to the union, both the units are owned ..... 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 .....Tag this Judgment!
Court : Allahabad
Reported in : 1998(3)AWC1761; (1998)2UPLBEC1578
..... categories of junior most staff are rendered surplus and hence, they are retrenched w.e.f. 4.9.93 an. the retrenchment benefits in accordance with section 25f(a) and (b) of the industrial disputes act, 1947, has been worked out and the individual staff are also being intimated through separate letter to take their payment from their respective offices. in case of their ..... nature of the work or activity being carried by the industry or the undertaking.8. the applicability of section 25n to an undertaking set up for construction of work may be unworkable and may at times be discriminatory. the expression used in proviso (b) to section 25ffa, sub-section (2) to section 25fff and proviso to section 25o (q is 'an undertaking set up for the ..... of various kinds of projects. there are few provisions in chapter va and chapter vb relating to 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 an undertaking set up for the construction of the buildings, bridges, .....Tag this Judgment!
Court : Mumbai
Reported in : (2008)IIILLJ928Bom; 2009(1)MhLj425
..... must be held to be in existence. accordingly, the petitioners must be held liable for payment of wages.9. the procedure of a valid closure is provided by section 25-ffa of the industrial disputes act, which reads as follows:25-ffa. sixty days' notice to be given of intention to close down any undertaking- (1) an employer who intends to close down an ..... .in maruti udyog ltd. v. ram lal and ors. (supra) case, the supreme court, vide paragraph 21 observed as follows:21. how far and to what extent the provisions of section 25-f of the 1947 act would apply in case of transfer of undertaking or closure thereof is the question involved in this appeal. a plain reading of the provisions contained in ..... 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 transfer ..... section 25-ff and section 25-fff of the 1947 act leaves no manner of doubt that section 25-f thereof is to apply only for the purpose of computation of compensation and for no other. the expression 'as if used .....Tag this Judgment!
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
..... the constitutional validity of 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 ..... not to close down such undertaking.(3) where a notice has been served on the appropriate government by an employer under sub-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 (3 .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1981Bom83; (1980)ILLJ476Bom
..... in 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/-per ..... and their union. mr. pungalia, the learned counsel submitted that the petitioner's claim that the union refused to join in making a joint application for reference under section 10(2) of the industrial disputes act is incorrect. it is submitted that under the agreement dated 30th october 1978, the reference was to be made after 31st january 1979, if the negotiations failed. ..... entering 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 desist from ..... 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. 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 .....Tag this Judgment!
Court : Mumbai
Reported in : 2007(3)ALLMR74; 2007(5)BomCR456; [2007(113)FLR568]; (2007)IIILLJ201Bom; 2007(3)MhLj426
..... legal dues were collected by the workman subsequently. in these circumstances, it cannot be said that there was any breach of the requirements of section 25-ffa and and section 25-fff of the industrial disputes act, 1947. 10. in the course of his cross examination, the workman admitted that each kitchen was called as a separate department and that each ..... kitchen had been found to be the least profitable of the kitchen department. a notice was issued to the appropriate government on 16th september, 1991 under section 25-ffa of the industrial disputes act, 1947 indicating an intention of permanently closing down the south indian kitchen with effect from 16th november, 1991. the south indian kitchen was closed in pursuance of ..... and 4(f) of the iind schedule to the industrial disputes act, 1947 stands established. these three submissions will now be taken up seriatim. 4. the applicability of chapter vb of the industrial disputes act, 1947 is governed by section 25-k. sub section (1) of section 25-k provides that the chapter shall apply to an industrial establishment (not being an establishment of a seasonal character ..... not fall for classification as a factory under section 2(m) of the factories act, 1948 and as a result would not be an industrial establishment for the purposes of chapter vb of the industrial disputes act, 1947. 7. the second submission that has been urged is that the provisions of section 25-f of the industrial disputes act, 1947 are mandatory and that for want of .....Tag this Judgment!
Court : Kolkata
Reported in : 2006(2)CHN166,[2005(105)FLR395],(2005)IILLJ1020Cal
..... by the government the tribunal has to confine its jurisdiction. the jurisdiction to adjudicate is conferred on the tribunal only by reason of an order of reference under section 10(1) of the industrial disputes act, 1947. therefore, neither the tribunal nor the court can consider issues, which are not referred to the tribunal.9. be that as it may, it appears that the ..... clause permitting the employer to transfer the employee/workman to any other establishment. it appears that the tripartite settlement (exhibit 16) is binding on the workmen by reason of section 18 of the industrial disputes act. therefore, any condition, which might not have been included in the appointment letter, would stand modified by reason of agreement between the employee or employer, even if ..... well as by the learned writ court. learned single judge on facts recorded that there was no infraction of the first proviso introduced by the west bengal amendment in the industrial disputes act and that the compensation was received by 49 out of the 53 employees. non- receipt of the compensation by four would mean that these four workmen had declined to ..... b.n. sharma may not be a party to such agreement. the agreement being a tripartite one concluded in presence of the government by reason of section 18 would be .....Tag this Judgment!
Court : Chennai
Reported in : (1993)IILLJ614Mad; (1993)IMLJ662
..... . the following are the additional grounds raised in w.m.p. no. 25908 of 1991:'5. that the petitioner desires to raise an additional ground that section 5 of the tamil nadu shops and establishment act. 1947, hereinafter called the act, itself is invalid and void as it suffers from the vise of excessive delegation. 6. that as the validity of the provision of ..... appeal. persons in the position of management are specifically brought within the purview of the act in exercise of the statutory powers. section 5 of the act is an over-riding provision as could be seen from the opening lines of the said section. g.o.ms. no. 4074, industries, labour arid housing (labour), dated october 5, 1966 is not in conflict with the unwritten ..... the 2nd respondent was the district manager, along with five other employees. the petitioner management decided to close its madras office for economic reasons. in compliance with the requirements of section 25ffa, under which a statutory notice of sixty days to various authorities of the state and the affected parties has to be given. by letter dated january 8, 1987, the notice ..... in tata iron andsteelco. ltd. 1950 llj 1043 (supra).33. it is admitted by the learned senior coun-sel for the petitioner that if section 5 of the act is held to be valid, the notification viz., g.o. ms. 4074, industries, labour and housing (labour) dated october 5, 1966 would be valid and consequently, the 2nd respondent can invoke the remedy under .....Tag this Judgment!
Court : Chennai
Reported in : [2003(97)FLR927]; (2003)IILLJ502Mad
..... respectable employer. 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 accommodate 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 ..... holding that the labour court had committed such error and in recording the finding that there was infact no transfer of the undertaking 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 ..... each case'.12. in the case of s.g. chemicals and dyes employees' union v. management : a case which involved consideration 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 .....Tag this Judgment!
Court : Mumbai
Reported in : 1994(1)MhLj847
..... the same. 5. i also do not find any force in the objection to the reliance placed by the 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 ..... the rate of rs. 200 per month. the submission of mr. ganguli is that to close an undertaking, the employer is required to comply with the requirements of section 25-ffa of the industrial disputes act and in the event of failure to do so, the entire action of closure would be void and non-est and the automatic consequence would be that the ..... at the rate of wages last drawn by each of the workmen before 15 january, 1980 and also to pay closure compensation and other legal dues as per section 25-fff(1) of the industrial disputes act. 11. in view of the above discussion, i do not find any merit in this writ petition. the same is, therefore, dismissed. rule is discharged. there shall ..... in the employment of the employer till there is a valid closure in accordance with law by complying with the requirements of section 25-ffa of the industrial disputes act. in the instant case, there is no dispute that sixty days' notice contemplated under section 25-ffa of the intention to close down the undertaking had not been given by the employer before closing down the .....Tag this Judgment!