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Textile Labour Association vs Official Liquidator Of Jubilee Mills ... on 12 May, 1999

7. Before proceeding further, it is necessary to mention that this Court (Co:M.S.Shah,J, as his Lordship then was) has in the decision in the case between Textile Labour Association Vs. Official Liquidator of Jubilee Mills Ltd., {(2009) 99 CC 189} held that, if the closure of the Company or its Department/Establishment is not effected after following procedure prescribed under Section 25(fff) or Section 25(o) of the Act i.e. closure of the establishment of the Company is not in accordance with the applicable provisions of Industrial Dispute Act, 1947, then such closure would be illegal and in case of such illegal closure, the workman would be entitled for the wages for the period of such illegal closure meaning thereby, date of closure cannot be taken as base for determining terminal benefits of the workmen and in such cases, i.e. the cases where the closure was not effected in consonance with the provision of Industrial Disputes Act, 1947) and the relevant date for the purpose of calculating the dues of the workmen would be the date on which the winding up order is passed or the date of appointment of provisional liquidator.
Gujarat High Court Cites 56 - Cited by 18 - M S Shah - Full Document
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