retrenched:
Provided that where the undertaking is closed down
on account of unavoidable circumstances beyond
the control of the employer, the compensation to
be paid ... shall not be deemed to be closed down on account
of unavoidable circumstances beyond the control of
the employer within the meaning of the proviso
abandoned either on account
of its actual total loss appearing to be unavoidable
or because the cost of recovering, reconditioning
and forwarding the subject-matter ... that the actual loss of the subject matter
insured appears to be unavoidable, even though the
goods themselves are uninjured."
It was stated
with reasonable speed and expedition with a sense of urgency
without any unavoidable delay. No hard and fast rule could
be laid nor a particular ... with reasonable speed and expedition with a sense
of urgency without any unavoidable delay. No hard and fast
rule could be laid nor a particular
decided to close the painting
section effective 13th July 1971 due to unavoidable
circumstances and hence the services of the three workmen
would no longer ... retrenched:
Provided that where the undertaking is closed down
on account of unavoidable circumstances beyond the
control of the employer, the compensation to be paid
competent to
go into the Question whether the closure was
for unavoidable reasons beyond the control Of
the employers?
(iii) Whether this Tribunal ... question of compensation and the related
question of availability or unavoidability of
reasons of closure of the factory and in that
case the reference will
courts are not
expected to undertake
716
that duty unless that becomes unavoidable and the
circumstances are so apparent as to lead
Tribunal or any member is
temporarily absent due to illness of any unavoidable cause, the authority
i.e, the State Government or Municipal Committee ... each member of the Tribunal should be mandatory, unless his absence becomes
unavoidable and beyond his control. Take for instance, absence due to being
hand and the Contractor on the
other hand with respect to any
unavoidable delay on the part of
the Executive Engineer in making
final payment ... with such a
dispute it should be demonstrated that there was any
unavoidable delay on the part of the Executive Engineer in
making the final
grant a
permanent lease at a fixed rent in the absence of
unavoidable necessity ; for, to fix the rent, though
adequate at the time ... duty on the part
or a shebait, unless constrained thereto by unavoidable
necessity, to grant a lease in perpetuity of debutter
lands at a fixed
made for the actual loss in transit by leakage,
evaporation or other unavoidable cause, or spirit transport-
ed or exported under bond in wooden casks ... wastage in a consignment was on account
of an accident or other unavoidable cause but in other
cases, the matter shall be referred
