would be payable to the petitioners consequent upon their
retrenchment under Section 25FF of the Industrial Disputes Act, 1947
(hereinafter referred ... there is no such transfer entitling the first respondent to invoke Section
25FF of the Act, 1947. He has also further contended that prior
proposed transfer HFL had agreed
to comply with the proviso of Section 25FF of the Act, respondent
No.2 ought not have made reference ... provisions contained
under Sections 25 FF of the Act, there was otherwise no question of
violation of Section 25FF of the Act. He further submitted
services
of the claimant/workwoman was to be governed as per
Section 25FF of the Industrial Disputes Act, 1947 and any
liability ... claimant against the termination
of services as per provision of Section 25FF of
Industrial Disputes Act,? OPM No.2
5. Whether the present claim
services
of the workman was to be governed as per Section 25FF of
the Industrial Disputes Act, 1947 and any liability to pay
the workman ... claimant against the termination of services as per
provision of Section 25FF of Industrial Disputes
Act? OPM No:2
(5) Whether the present claim
payment of
compensation, there was non-compliance of mandate of Section 25F and
25FF of Industrial Disputes Act, 1947 (for short ... both the judgments courts have held that provisions of
Section 25 F and Section 25FF of 1947 Act are mandatory in nature.
7. The Tribunal
purposes of clauses (a), (b) and
(c) of Proviso to Section 25FF of the Industrial Disputes Act,
1947, the services of the employees ... purposes under
clauses (a), (b) and (c) of Proviso to Section 25FF of the ID Act.
In my view therefore, Petitioners have made
respondent did not pay compensation to both of them as
per Section 25FF of Industrial Disputes Act (for short, " ID Act ') read
with
expressly agreed to take over the liability for compensation payable
under section 25FF of the Industrial Disputes Act, 1947, and since there was
dissolution ... Tribunal.
HELD
Liability to pay retrenchment compensation arises under section 25FF when there
is a transfer of the ownership or management of an undertaking
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 ... case does not fall under the
proviso to Section 25FF of the Industrial Disputes Act.
Those provisions cannot certainly be applied in the
case
basis of vote shares of the Financial Creditor is contrary to
Section 53. It is submitted that the Resolution Plan also clubs workers and
employees ... Section 53 of the IBC. It is submitted that the
transfer of tyre undertaking is in violation of Section 25FF of the Industrial
Disputes
