that the complaint in question is in respect of illegal closure of
an establishment and the declaration sought is of withdrawal of
such action ... employer's right to lay-off, retrenchment and
closure of an industrial establishment where 300 or more
workmen are employed.
38. Chapter
Contribution under
the Act-Liability of Employer-Closure of establishment-
Liability prior to closure-Commencement of recovery
proceedings after closure-Validity of.
HEADNOTE:
The Respondent ... establishment and reported that at certain point of
time the employment strength of the establishment including
the bar was more than 19. Therefore, the establishment
Justification of the closure or the intended closure cannot be made the subject matter of Reference if the closure is under Section 25FFA ... motive behind the closure but to the fact of the closure. The question about the bona fide of the closure had to be examined
matters are mentioned against item 10 :
"Retrenchment of workmen and closure of establishment."
9. From the above provisions, it is obvious that ... which mentions
"Retrenchment of workmen and closure of establishment."
11. The contention is that the questions relating to retrenchment of workmen and closure
dismissed;"
No. 10 (Third Schedule)
"Retrenchments of workmen and closure of establishment; and".
Mr. Nanavati submitted that the order refers to Clause ... Third Schedule is, "Retrenchment of workmen and closure of establishment". He submitted that word, 'and', is not to be read
insured
persons who have been rendered unemployed due to closure of the
establishment/retrenchment/permanent invalidity arising out of non-
employment and a scheme known ... closure in the eyes of law, the passing of Ext.P2 order winding up
the company, led to the closure of the establishment
Rules of discipline.
9. Rationalisation
10. Retrenchment of workmen and closure of establishment.
10-A. Any matter relating to the closure of undertaking ... Second Schedule deals with retrenchment of workman and closure of establishment and item No. 10-A of Second Schedule deals with any matter relating
permission for closure has been
refused, the closure of undertaking shall be deemed to be illegal
from the date of closure and the workmen shall ... illegal closure cannot be weighed in the same scale. A
special mechanism is provided for authorizing closure of the
establishment. If an employer resorts
permission
for closure has been refused, the closure of the undertaking shall
be deemed to be illegal from the date of closure and the workmen ... part of an industrial establishment so that both
taken together constitute one establishment, Section 25-O would apply to
the closure of the undertaking provided
compensation to
workmen who were terminated on account of closure of any
establishment. However, after the decisions rendered by the
Apex Court in certain cases ... employee in case he is granted permission to
close down his establishment. The closure of an establishment
means nothing but retrenchment as is clearly mentioned
