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Documents citing Armed Forces Ex Officers Multi Services ... vs Rashtriya Mazdoor Sangh (Intuc) on 11 August, 2022

M/S Pepsico India Holdings Pvt. Ltd. And ... vs Suresh Chandra Yadav And Ors. on 22 December, 2023

41. The Hon'ble Supreme Court, in the case of Armed forces Ex-Officers Multi Services Cooperative Society Ltd. Vs. Rashtriya Majdoor Sangh (INTUC); 2022 (175) FLR 544, has held that whether an employee was gainfully employed was also a question of fact which was properly answered by the Tribunal and upheld by the High Court and decline to interfere in the same.
Allahabad High Court Cites 34 - Cited by 0 - R Kumar - Full Document

Sh. Nain Singh Negi vs M/S. Raja Chemical Industries on 29 November, 2022

13. In view of above it is held that management has failed to prove abandonment on the part of workman. The workman has successfully proved on record that his service was illegally terminated by the management by not allowing him to join back service after recovering from accident dated 17.12.2013. It is not the case of the management that workman is not fit to work with the management. In such circumstances the workman is still employable with the management. Management cannot take benefit of his own wrong by taking the plea of No work No pay. The relevant citation titled Armed Forces Ex Officers Multi Services Cooperative Society Ltd. v. Rashtriya Mazdoor Sangh (INTUC) LIR No. 456/16 Nain Singh Negi v. M/s. Raja Chemical Industries Page 12 of 20 in Civil Appeal No. 2393/2022 dated 11.08.2022 at para no. 19 is reproduced hereasunder:
Delhi District Court Cites 14 - Cited by 0 - Full Document

Principal Medical And Health Officer vs Bharat Singh S/O Shri Banwari Lal ... on 30 January, 2023

(6) Learned counsel for the respondent-employee further places reliance on the judgment passed by the Apex Court in the case of Armed Forces Ex Officers Multi Services Cooperative Society Ltd. Vs. Rashtriya Mazdoor Sangh (INTUC) (2022 LawSuit (SC) 941) as well as on the judgment passed by the Division Bench of this Court in the case of Mahershi Dayanand Saraswati Vs. Labour Court Cum Industrial Tribunal & Anr.
Rajasthan High Court - Jaipur Cites 10 - Cited by 0 - A K Gaur - Full Document

Vedpal Singh vs M/S Suraj Cinema on 12 February, 2024

21. Instead, by virtue of these letter dated 24.05.2019 issued by management to its workmen including present workman i.e. Ex.WW1/1 as well as other workman, which is Ex.MW1/6 (colly.) the management of Suraj Cinema had effectuated discharge of its workmen (including workman Vedpal) as if there was complete closure of management, without complying with mandatory legal provisions u/s 25 FFF of Industrial Dispute Act. It is important to note that the act of management/Suraj Cinema in closing Suraj Cinema w.e.f. 31.05.2019 led to cessation of services of several workmen, including present workman Vedpal and therefore, this act of management tantamounts to termination of services of workman Vedpal and letter dated 24.05.2019 Ex.WW1/1 issued by management to workman Vedpal that Suraj Cinema was regarding closing of management due to economic losses and it was sufficient to convey to workman that business of management/Suraj Cinema had come to a standstill and there was no scope of management continuing with its business, any further. Therefore, this act of the management tantamounts to virtual closure and which resulted in discharge of its workmen. Reliance in this regard is placed on judgment of the Hon'ble Supreme Court of India in case of Armed Forces Ex Officers Multi Services Corporative Society Ltd. Vs. Rashtriya Mazdoor Sangh (NTUC) 2022 LiveLaw (SC) 614 wherein the services of '35' employees were retrenched through individual letters, on ground that appellant had closed its business and it was argued before Hon'ble Supreme Court of India on behalf of LIR No.1049/2020 Sh. Vedpal Singh Vs. M/s Suraj Cinema Page 10 of 25 management/employer that management did not effectuate any closure by termination letter dated 22.03.2007, but was merely re-organizing its business by "temporarily Shutting down" there transport activities and it was observed by Hon'ble Supreme Court of India that :
Delhi District Court Cites 18 - Cited by 0 - Full Document
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