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Documents citing Metal Press Works Ltd. vs Deb (H.R.) And Ors. on 1 June, 1961

S.Rajasekar vs The Management on 30 July, 2021

The contrary view has been taken by the Calcutta High Court in Metal Press Works Limited Vs. Deb(N.R) and others (MANU/WB/0221/1961 : 1962 I LLJ 75) where it has been held that payment of wages and the making of the application should be simultaneous with the order of discharge or dismissal. It has further been pointed out that the word "simultaneously" must of course be taken reasonably and a motion of split-second timing should not be imported. It should be done at once and without delay. and it will depend upon the facts of each case whether the application had been made at once or without delay. This, we think, is the correct view to take.
Madras High Court Cites 12 - Cited by 0 - S Vaidyanathan - Full Document

The Management vs Assistant Commissioner Of Labour ... on 23 December, 2022

"10. The contrary view has been taken by the Calcutta High Court in Metal Press Works Limited Vs. Deb (H.R) (1) where it has been held that payment of wages and the making of the application should be simultaneous with the order of discharge or dismissal. It has further been pointed out that 'the word "simultaneously" must of course be taken reasonably and a notion of split- second timing should not be imported. It should be done at once and without delay', and it will depend upon the facts of each case whether the application has been made at once or without delay. This, we think, is the correct view to take.
Madras High Court Cites 10 - Cited by 0 - S Vaidyanathan - Full Document

V. Palani vs The Tamil Nadu State Transport on 23 December, 2022

"10. The contrary view has been taken by the Calcutta High Court in Metal Press Works Limited v. Deb (H.R.)(1)where it has been held that payment of wages and the making of the application should be simultaneous with the order of discharge or dismissal. It has further been pointed out that ’the word "simultaneously" must of course be taken reasonably and a notion of split-second timing should not be imported. It should be done at once and without delay", and it will depend upon the facts of each case whether the application has been made at once or without delay. This, we think, is the correct view to take.
Madras High Court Cites 12 - Cited by 0 - S Vaidyanathan - Full Document

National Iron And Steel Co. Ltd. vs Third Industrial Tribunal, West Bengal ... on 2 July, 1963

11. Mr. Chakravartti, no doubt placed strong reliance on the principles enunciated by this Court in Metal Press Works Ltd v. H. R. Deb, (1962) 1 Lab LJ 75 : (AIR 1962 Cal 123) while dealing with Sub-sections (1) and (2) of Section 33 of the industrial Disputes Act, as subsequently approved by the Supreme Court in Straw Board Manufacturing Co., Ltd. v. Govind, , and contended that it should by held that the payment under Section 25-F, if made or offered to be paid without least possible delay after retrenchment should suffice, I am unable to accept the argument. Under Section 33, the application for approval is not a condition precedent to the action taken and that makes the abovemen-tinned decisions distinguishable.
Calcutta High Court Cites 8 - Cited by 7 - Full Document

K.V. Narasimha Rao vs Labour Court, Guntur on 23 August, 1990

The learned Judge, however, distinguished Straw Board Manufacturing Co. v. Gobind (1962-I-LLJ-420) wherein the decision of the Calcutta High Court in Metal Press Works Ltd. v. Deb and others (1962-I-LLJ-75) was approved. The said cases had arisen under Section 33(2)(b) of the Industrial Disputes Act and it was held that the conditions laid down therein could be treated as conditions which had to be complied with 'simultaneously'.
Andhra HC (Pre-Telangana) Cites 27 - Cited by 3 - M J Rao - Full Document

Strawboard Manufacturing Co vs Gobind on 6 March, 1962

(2) A.I.R. [1961] Guj, 22, 631 make an application to the authority concerned for approval of the action taken. The contrary view has been taken by the Calcutta High Court in Metal Press Works Limited v. Deb (H.R.)(1) where it has been held that payment of wages and the making of the application should be simultaneous with the order of discharge or dismissal. It has further been pointed out that 'the word "simultaneously" must of course be taken reasonably and a notion of split-second timing should not be imported. It should be done at once and without delay", and it will depend upon the facts of each case whether the application has been made at once or without delay. This, we think, is the correct view to take. Let us therefore see what has happened in this case, The appellant-concern is situate at Saharanpur while one tribunal was at Meerut and the other at Allahabad. What the appellant did was to pass an order of dismissal on- February 1, 1960. On the same day he sent two applications by post addressed to the two tribunals. The application at Meerut was received on February 3 and the application at Allahabad on February 4, 1960. In these circumstances we are of opinion that the appellant had made the application to the tribunal simultaneously and without delay on its passing the order of dismissal and its action was therefore in accordance with the proviso. The view taken by the labour court that the application must be made before dismissing the respondent is not correct.
Supreme Court of India Cites 7 - Cited by 60 - K N Wanchoo - Full Document

The Management vs The Joint Commissioner Of Labour on 3 February, 2012

The contrary view has been taken by the Calcutta High Court in Metal Press Works Limited Vs. Deb(N.R) and others (1962-I LLJ 75) where it has been held that payment of wages and the making of the application should be simultaneous with the order of discharge or dismissal. It has further been pointed out that : the word "simultaneously" must of course be taken reasonably and a motion of split-second timing should not be imported. It should be done at once and without delay."
Madras High Court Cites 10 - Cited by 0 - K Chandru - Full Document

The Management vs The Joint Commissioner Of Labour on 5 January, 2012

The contrary view has been taken by the Calcutta High Court in Metal Press Works Limited Vs. Deb(N.R) and others (1962-I LLJ 75) where it has been held that payment of wages and the making of the application should be simultaneous with the order of discharge or dismissal. It has further been pointed out that : the word "simultaneously" must of course be taken reasonably and a motion of split-second timing should not be imported. It should be done at once and without delay."
Madras High Court Cites 17 - Cited by 0 - K Chandru - Full Document
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