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Showing contexts for: section 25ff in Roopa Sachdeva vs M/S Apra Auto India Pvt Ltd on 13 September, 2024Matching Fragments
Facts as per Written Statement of management no. 2.
15.In their written statement, the management no. 2 has asserted that on 16.04.2015, an Agreement for Sale And Purchase of Assets of the Management no.1 was executed between the management no.1 and management no.2, wherein it was explicitly stated that the management no.2 shall only purchase the assets of management no.1 and any liability whatsoever of the management no.1 cannot be fastened upon the management no.2 and that the management no.1 shall terminate the services of the Roopa Sachdeva vs. M/s Apra Auto India Pvt. Ltd. & Anr. POOJA Page No. 6 of 12 AGGARWAL workmen and shall also duly compensate the said workmen as per statutory laws, whereafter, the management no.2 will absorb them by way of issuing fresh employment of service, which was duly complied by the management no. 2 as per terms of the said agreement by issuing a fresh letter of intent. It has been further asserted that in view of the agreement, the termination of services of the claimant/workwoman was to be governed as per Section 25FF of the Industrial Disputes Act, 1947 and any liability to pay the claimant/workwoman was on management no.1 and not on management no.2.
2. Whether the management no.1 has not retrenched the workers but due to closure of business claimant agreed to give his resignation after settling the accounts with management no.1? OPM No.1.
3. Whether the present claim filed by the claimant is not maintainable against the management no.2 ? OPM No.2
4. Whether as per the agreement for sale and purchase of assets dated 16.04.2015, only the management no.1 had the responsibility to duly compensate the claimant against the termination of services as per provision of Section 25FF of Industrial Disputes Act,? OPM No.2
Issue no.4 Whether as per the agreement for sale and purchase of assets dated 16.04.2015, only the Roopa Sachdeva vs. M/s Apra Auto India Pvt. Ltd. & Anr. Page No. 10 of 12 POOJA AGGARWAL management no.1 had the responsibility to duly compensate the claimant against the termination of services as per provision of Section 25FF of Industrial Disputes Act,? OPM No.2 and Issue no.6 Whether the claimant as per the agreement between management no.1 and management no.2 was hired by management no.2 and claimant after nine months has stopped reporting to management no.2 without any cause ? OPM No.2.
26.Both these issues are taken up together for the sake of convenience. The onus to prove these issues was upon the management no.2. In respect of these issues, it is duly noted that the management no.2 did not examine any witness, there is no evidence on record to prove that as per the agreement for sale and purchase of assets dated 16.04.2015, only the management no.1 had the responsibility to duly compensate the claimant/ workwoman against the termination of services as per provision of Section 25FF of Industrial Disputes Act or that as per the agreement between management no.1 and management no.2, the claimant was hired by management no.2 or that the claimant/workwoman had stopped reporting to management no.2 after nine months without any cause. These issues are accordingly decided against the management no.2 and in favour of the claimant/workwoman.