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1 - 10 of 11 (0.82 seconds)Section 25FFF in The Industrial Disputes Act, 1947 [Entire Act]
Article 226 in Constitution of India [Constitution]
Section 25F in The Industrial Disputes Act, 1947 [Entire Act]
The Management Of Indian Cable Co., ... vs Its Workmen on 5 March, 1962
In Indian Cable Co.
Ltd. v. Its Workmen, [1962] 1 L.L.J. 409 this Court has held
that the fact that the balance sheet was prepared incorpo-
rating the trading results of all the branches or that the
employees of the various branches were treated alike for the
purpose of provident fund, gratuity, bonus and for condi-
tions of service in general, could not lead to the conclu-
sion that all the branches should be treated as one unit for
purposes of section 25-G of the Act.
Section 10 in The Industrial Disputes Act, 1947 [Entire Act]
S.G. Chemical And Dyes Trading ... vs S.G. Chemicals And Dyes Trading Limited ... on 3 April, 1986
The
decision in S.G. Chemicals and Dyes Trading Employees' Union
v. S.G. Chemicals and Dyes Trading Limited and Another,
[1986] 2 S.C.C. 624 is not of much assistance to the work-
men. The management in that case was running its business in
pharmaceuticals at three places. The Pharmaceutical Division
was at Worli, the Laboratory and Dyes Division was at Trom-
bay and the Marketing and Sales Division was at Churchgate.
In 1984 the company which was managing the said three divi-
sions of business was sold out. As the buyers proposed to
handle the future sales of the Company through their own
distribution channels, they found that the services of the
staff working at the Churchgate office were no longer re-
quired. Therefore, the management closed down the office at
Churchgate. The question was whether there was functional
integrality between the office at the Churchgate and the
factory at Trombay. This Court on a
423
consideration of the material before it in that case, held
that the functions of the Churchgate division and the Trom-
bay factory were neither separate nor independent but were
so integrally connected as to constitute the Churchgate and
the Trombay factory into one establishment, because the
Churchgate division used to purchase the raw material re-
quired by the Trombay factory for producing or processing
the goods. it used to market and sell the goods so manufac-
tured or processed by that factory and it also used to
disburse the salary and other employment benefits and main-
tain accounts etc. of the workmen. These were considered to
be integral parts of the manufacturing activities of the
factory at Trombay, because the factory could never have
functioned independently without the Churchgate division
being there. It is not the case of the workmen in the
present case that the II Unit could not continue to function
after the closure of the I Unit. As already mentioned, the
II Unit is continuing to function as usual even now notwith-
standing the stoppage of the activities at the I Unit. The
question of application of section 25-G of the Act arises
only when the services of the workmen are retrenched.
The Industrial Disputes Act, 1947
Santosh Gupta vs State Bank Of Patiala on 29 April, 1980
In
Santosh Gupta v. State Bank of Patiala, [1980] 3 S.C.R. 884
it is laid down that if the termination of service of a
workman in a given case falls either under section 25-FF or
under section 25-FFF of the Act it would not be a termina-
tion falling under section 25-F of the Act. This Court has
observed in that case that after the enactment of section
25-FF and section 25-FFF retrenchment included every kind of
termination of service except those not expressly included
in section 25-F or not expressly provided for by other
provisions of the Act such as sections 25-FF and 25-FFF.
Hence if the case is one of genuine closure then the ques-
tion of applying section 25-G of the Act which is applicable
to a case of retrenchment would not arise.
Management Of Hindustan Steel Ltd vs The Workmen & Ors on 12 January, 1973
In Management of Hindustan Steel Ltd. v.
The Workmen & Others, [1973] 3 S.C.R. 303 this Court has
held that the word 'undertaking' used in section 25-FFF
seems to have been used in its ordinary sense connoting
thereby any work, enterprise, project or business undertak-
ing. It is not intended to cover the entire industry or
business of he employer. Even the closure or stoppage of a
part of the business or activities of the employer would
seem in law to be covered by the said provision.