Section 2(oo) of the
1947 Act has taken place within the meaning of Section 25F and not in a
case falling under Sections 25FF ... provision of Section 25F was attracted,
stating :
"9. Shri Sinha submitted that as soon as transfer
had been effected under Section 25FF
undertaking. She submits that the lift irrigation schemes constituted
an undertaking, and the ownership of the management of the undertaking was
being transferred ... 25FF which applies to the present case,
and neither Section 25N nor Section 25F . Besides, Section 25F would apply
only as a measure of compensation
retrenchment in sec, 2(00) untouched in spite
of the decision in Hariprasad 's case(1). The three
sections, ss. 25F, 25FF and 25FFF ... transfer of an undertaking, whether by agreement or by
operation of law, has a statutory right under sec. 25FF to
compensation unless such right
were
terminated under Section 25FF of the ID Act for the alleged reason of
transferring the ownership of printing undertaking to HTML ... transferring the ownership of its printing undertaking to
HTML w.e.f. 02.10.2004 under Section 25FF of the ID Act. The
reference was made
long hours had to be spent on transfer.
(ii) So-called transfer was illegal under Section 25FF of the I.D. Act.
(iii) That ... suspect the bona fide nature of the transfer and contended that if it was benami transfer, Section 25FF of the I.D. Act would
transfer was valid and the
57 employees can make no grievance of the
said transfer. The question, however, is : Does
Section 25FF apply ... transferred. Such a transfer, in law, is regarded as
amounting to retrenchment of the said workmen and on that
basis Section 25FF gives the workmen
willing to purchase the undertaking.
Section 7 provides that where an undertaking is sold under
Section 5 or Section 6 , then upon the completion ... licensee or attaching to the undertaking. There is a
provision to sub-section (i) of Section 7 which lays down
that "any such debt
transferred, but
if it is found that the transfer is a sham and fictitious transfer, that
transfer would not receive the protection of Section 25FF ... Further, the
purported transfer is in relation to part of the business (a Department)
and being partial transfer; Section 25FF has no application. Therefore,
Section
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 ... management of the undertaking from one employer to another. The transfer contemplated under Section 25FF is of the undertaking and not of its employees necessarily
decided is to give proper meaning for transfer of ownership of management for the purpose of section 25FF of the Industrial Disputes Act, 1947. Section ... anticipation of a transfer.
In view of this matter, we are of the opinion that section 25FF of the Industrial Disputes Act, which governs
