circumstances can the closure of
an undertaking be regarded as due to unavoidable
circumstances beyond the control of the employer. It
cannot, therefore, be regarded ... deemed to have been closed down on
account of unavoidable circumstances beyond the control of
the employer within the meaning of the proviso.
This provision
show that he was satisfied that the delay was caused due to
unavoidable circumstances.
Questions for consideration
4. Feeling aggrieved the appellant has filed this ... that he was satisfied
that the delay had been caused due to unavoidable circumstances?
The relevant legal provisions
5. A reference to the relevant provisions
Industrial Disputes Act (14 of 1947), s. 25FFF(1) and
proviso--Unavoidable circumstances beyond the control of the
employer'---Scope of.
HEADNOTE:
The appellant ... ground that the closure was on account of
unavoidable circumstances beyond the control of the
employer.
On the question whether the appellant had declared
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
Anuradha Bhasin vs Union Of India on 10 January, 2020
Equivalent citations: AIR 2020 SUPREME
which says that where the undertaking is closed down on account of unavoidable circumstances beyond the control of the employer, the compensation to be paid ... undertaking shall not be deemed to be closed down on account of unavoidable circumstances beyond the control of the employer, if it is closed down
applicant?
(7) Alternatively, does he prove the closure was on account of unavoidable circumstances beyond the control of the employer ?
6. The Labour Court tried ... retrenched:
Provided that where an undertaking is closed down on account of unavoidable circumstances beyond the control of the employer, the compensation to be paid
relief cannot be given in equity save under
special circumstances such as unavoidable accident, fraud,
surprise, ignorance,, not wilful or inequitable conduct on
the part ... shown that the delay was due to any unavoidable
239
accident, excusable ignorance, fraud or surprise. The delay
arose from mere neglect on-the part
lock out; and (3) that the closure
was not due to unavoidable circumstances beyond the control
of the appellant.
In appeal to this Court,
HELD ... 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
evident from the
following that delay has been caused due to unavoidable
circumstances:-
11.09.2009 Date of judgment in LPA Nos. 418/2007
and 1006/2007 ... caused in filing the petition was result
of all the necessary and unavoidable office formalities and
was bonafide and not deliberate or intentional
