retrenchment in sec, 2(00) untouched in spite
of the decision in Hariprasad 's case(1). The three
sections, ss. 25F, 25FF and 25FFF ... that section. The same is the position in the case of
closure under sec. 25FFF . Such compensation would be wages
as defined by sec
terminating the services of the workmen under
Section 25FF of the Industrial Disputes Act, 1947 (ID Act ) was held
to be illegal and unjustified ... names are
given in Annexure A by invoking the provisions of Section
25FF of Industrial Disputes Act, 1947 is illegal and/or
unjustified
treated as cases of retrenchment to which Section 25F would apply. That is why Section 25FF begins with a non-obstante clause and lays down ... employees under Section 25F ; that apparently was the scheme which the Legislature had in mind when it enacted Section 25FF in the light
compensation in terms of
Section 25F of the 1947 Act and not the other
consequences flowing therefrom. Both Section
25FF and Section 25FFF provide ... test prescribed in
that section shall be entitled to notice and compensation in
accordance with the provisions of Section 25FF as if the
workmen
concerned
employees to Respondent No.2, is in conformity with Section 25FF of
the Industrial Disputes Act. Even the argument of the petitioners about ... there will be no transfer, more so, within the meaning of Section 25FF of
the Industrial Disputes Act. For that reason, the petitioners are entitled
Section 25F of the said Act. It was not argued before the learned Tribunal that Section 25FFF applied and not Section 25FF, but I have ... that section. Under that principal clause, the workers became entitled to receiver retrenchment compensation in accordance with the provisions of Section 25FF
provisions of section 25F . This is because the section equates such a termination of service with retrenchment as defined in section 2(oo) of this ... entitled to retrenchment compensation. While section 25F of that Act prescribed conditions precedent to the retrenchment of workmen, section 25FF provides for compensation to workmen
accordance with the provisions of Section 25F as if they had been retrenched. The last clause of Section 25FF clearly brings out the fact that ... retrenchment. Section 25FF made reference to Section 25F and, therefore, in all cases to which Section 25FF applied, the only claim which the employees
wrong in its conclusion as it did not take into account Section 25Ff of the Industrial Disputes Act which, according to him, does create ... terms and conditions of service. It is also his case that Section 25Ff cannot be applied inter alia on the following grounds: (a) No such
transfer, it would be considered as deemed retrenchment under Section 25FF of the Industrial Disputes Act, 1947 and the workers will be entitled to retrenchment ... that Sections 391 to 394 of the Companies Act, 1956 are a complete Code in themselves subject to their juxtaposition with Section 25FF
