Court : Madhya Pradesh
Reported in : [2008(118)FLR979]; (2009)ILLJ374MP; 2008(3)MPHT243
..... 1 in exercise of powers conferred under section 25o of the industrial disputes act, 1947 (for short 'the act').2. ..... procedure for closing down an undertaking. ..... --(1) an employer who intends to close down an undertaking of an industrial establishment to which this chapter applies shall apply for prior permission at least ninety days before the date on which the intended closure is to become effective, to the state government stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen by registered post with acknowledgment due. ..... (9) where an undertaking is permitted to be closed down under sub-section (3) or where permission for closure is deemed to be granted under sub-section (4), every workman who is employed in that undertaking immediately before the date of application for permission under this section, shall be entitled to receive compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months.10. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2008(117)FLR506]; (2008)IIILLJ47MP; 2008(2)MPHT90
..... section 25o of the industrial disputes act, 1947 prescribes the procedure with regard to closure, which is as under:25-o. ..... procedure for closing down an undertaking. ..... intends to close down an undertaking of an industrial establishment to which this chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner:provided that nothing in this sub-section shall apply to an undertaking set up for the ..... (8) where an undertaking is permitted to be closed down under sub-section (2) or where permission for closure is deemed to be granted under sub-section (3), every workman who is employed in that undertaking immediately before the date of application for permission under this section, shall be entitled to receive compensation which shall be equivalent to fifteen days' average pay for every completed years of continuous service or any part thereof in excess of six months.there is amendment to this provision by state of madhya pradesh, however, the procedure is the same.10. .....
Tag this Judgment!Court : Chennai
Reported in : [2002]112CompCas195(Mad); (2003)ILLJ478Mad; [2003]42SCL57(Mad)
..... for winding up the company on which order has been passed on 13.7.2001 winding up the company; that under section 441(1) of the companies act winding up is deemed to have commenced at the time of passing of the resolution itself; that the offence alleged is closing the industrial establishment without obtaining prior permission from the government under section 25o of the industrial disputes act 1947; that in the case in hand, the entire company grandoe india limited is wound up and consequently the only undertaking ..... '25o procedure for closing down an undertaking:- (i) an employer who intends to close down an undertaking of an industrial establishment to which this chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application, shall also be served simultaneously on the ..... contravenes (an order refusing to grant permission to close down an undertaking under sub section (2) of section 25o or a direction given under section 25p), shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and where the contravention is a continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2007(115)FLR811]; [2008(1)JCR8(SC)]; JT2007(12)SC184; 2008(1)KarLJ429; (2008)ILLJ880SC; 2007(12)SCALE140; 2008(5)KCCRSN355; 2007AIRSCW6673
..... section 25-o of the said act lays down the procedure for closing down an undertaking. ..... therefore, government after taking into consideration all aspects of the matter has decided to allow the application of the management and to grant permission for closure as required under section 25-o of the industrial disputes act, 1947. ..... ld559 idg 2004, bangalore dated 23.11.2004in the circumstances explained in the preamble, the permission of the government is hereby accorded as required under section 25-o of industrial disputes act, 1947, to the management of m/s. ..... order bearing reference ld559, idg 2004, bangalore dated 23.11.2004 issued by the 2nd respondent, a true copy of which is produced and marked as annexure-j since the same is unjust, arbitrary and opposed to the scheme of the industrial disputes act, 1947.b) issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1, 3 and 4 to immediately absorb the services of the petitioners 2 to 35 in kfdc pursuant to government order dated 24.10.1991 vide annexure-b and also representations ..... the relationship between the company and the respondents being employer and workmen is governed by the provisions of the industrial disputes act, 1947. ..... we may notice that sub-section (4) of section 25o provides that an order of the appropriate government is final and binding on the parties.17. ..... for closure under section 25o of the industrial disputes act.7. .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)1UPLBEC651
..... section 25o gives the procedure for closing down an industry and states that an employer who intends to close who an undertaking of an industrial establishment to which chapter v-b applies shall in the prescribed manner apply for prior permission at least 90 days before the date of the intended closure to the appropriate government stating clearly the reasons for the intended closure ..... law on the point of closure is covered by section 25o of the industrial disputes act, 1947 being central act no. ..... for the state of uttar pradesh there is a state legislation under the name of uttar pradesh industrial disputes act, 1947 ..... section 25o is covered in chapter v-b of the industrial disputes act and the present section 25o got his present shape by amending act ..... appears that the notice was answered and a plea was taken that the employers were covered not by section 25o of the industrial disputes act (central) but by the provisions of section 6-w of the u.p. ..... repugnancy may now be indicated under section 25o of the industrial disputes act (central) was brought into existence by the amending act no. ..... industrial disputes act read with section 6-v thereof and section 25o read with section 25k of the industrial disputes act, 1947 and the state legislation having been made subsequent to central legislation and the state legislation having the assent of the president, it will be applicable in the state of uttar pradesh notwithstanding the provisions of section 25k and section 25o of the central .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)1UPLBEC889
..... section 25o gives the procedure for closing down an industry and states that an employer who intends to close down an undertaking of an industrial establishment to which chapter v-b applies shall in the prescribed manner apply for prior permission at least 90 days before the date of the intended closure to the appropriate government stating clearly the reasons for the intended closure ..... law on the point of closure is covered by section 25o of the industrial disputes act, 1947 being central act no. ..... for the state of uttar pradesh there is a state legislation under the name of uttar pradesh industrial disputes act, 1947 ..... section 25o is covered in chapter v-b the industrial disputes act and the present section 25o got its present shape by amending act ..... appears that the notice was answered and a plea was taken that the employers were covered not by section 25o of the industrial disputes act (central) but by the provisions of section 6-w of the u.p. ..... repugnancy may now be indicated under section 25o of the industrial disputes act (central) was brought into existent by the amending act no. ..... industrial disputes act read with section 6-v thereof and section 25o read with section 25k of the industrial disputes act, 1947 and the state legislation having been made subsequent to central legislation and the state legislation having the assent of the president, it will be applicable in the state of uttar pradesh notwithstanding the provisions of section 25k and section 25o of the central .....
Tag this Judgment!Court : Gujarat
Reported in : (1997)2GLR1534; (1998)IIILLJ24Guj
..... procedure for closing down an undertaking :--(1) an employer who intends to close down an undertaking of an industrial establishment to which this chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served, simultaneously, on the representatives of the workmen in the prescribed manner:provided that nothing in this sub-section shall apply to an undertaking ..... therefore, unlike the provisions of section 27-a of the bombay industrial relations act, section 33-c(2) read with section 36 and other provisions of the industrial disputes act provide primacy and supremacy of the representation of parties individually and not collectively ..... provisions of bombay industrial relations act also will not be applicable in the proceedings, like the one on hand in view of the gujarat amendment to section 25-ss of the industrial disputes act which reads as ..... very well be visualised from the plain perusal of sub-section (6) that where a closure deemed to be illegal under the industrial disputes act, 1947, the workmen in the industrial establishment concerned shall be deemed to be in continuous service so long as the illegal closure lasts and therefore, obviously, the employees shall be entitled to full wages and allowances for the entire period. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1992)102PLR224
..... 2) made an application under section 25o of the industrial disputes act, 1947 for permission to close the establishment. ..... procedure for closing down an undertaking. ..... intends to close down an undertaking or an industrial establishment to which this chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner :provided that nothing in this sub-section shall apply to an undertaking set up for the ..... (8) where an undertaking is permitted to be closed down under sub-section (2) or where permission for closure is deemed to be granted under subsection (3), every workman who is employed in that undertaking immediately before the date of application for permission under this section, shall be entitled to receive compensation which shall be equivalent to fifteen days average pay for every completed year of continuous service or any part thereof in excess of. .....
Tag this Judgment!Court : Karnataka
Reported in : 2007(5)KarLJ48; ILR2007(1)Kar974; 2007(3)KCCRSN164; 2007(2)AIRKarR558
..... (babu lal-intervemer) and submitted that the application for recovery of lay off compensation or claim under section 31-c and sub-section (1) of the industrial disputes act, 1947. ..... under chapter vb, the closure compensation has to be determined in terms of section 25o and in this regard he relied of section 25o sub-section 8, which reads as under:(8) where an undertaking is permitted to be closed down under sub-section (2) or where permission for closure is deemed to be granted under sub-section (3), every workman who is employed in that undertaking immediately before the date of application for permission under this section, shall be entitled to receive compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess ..... chapter va & vb are relating two kinds of industry, one industry is having workmen lass than 50 on average par working day and another industry having workmen more than 100 on average per working day and the procedure is contemplated in both the provisions, but as far as the determination of compensation whether it is under section 25fff or 25(o) is one and the same and all that the workmen is required to prove that he was in continuous service of 240 days before preceding the year of production. .....
Tag this Judgment!Court : Delhi
Reported in : 39(1989)DLT287; [1990(60)FLR428]; (1991)ILLJ52Del
..... refusing the petitioners permission under section 25o of the industrial disputes act 1947 to close its industrial undertaking delhi cloth mills at bara hindu rao, delhi. ..... the procedural safeguard of recording of reasons has now been incorporated in section 25o(2) of id act by act 26 of 1982 the reasons are now required to be set out and should not only be intelligible which determine the right of the petitioners to close the mill but should also deal with the substantial points that have been urged reasons are required to be recorded in writing in granting ro refusing to grant permission for closure. ..... apart from it, the request of the petitioners for the allotment of alternative land in delhi for the purposes of shifting the industrial undertaking was turned down by the delhi administration vide their letter dated july 15, 1983 on the ground that large and heavy industries are not permitted within the union territory of delhi. . ..... (12) shri milon banerjee, solicitor general of india wanted this full bench to reopen the question that there is no compulsion for the petitioners to close down its mill although this reason is not advanced by the lt. ..... that full bench recalled the provisions of the delhi development authority act, 1957 (for short called the act) and the provisions of the master plan prepared in accordance with the procedure laid down by the act by the delhi development authority (for short called the authority). .....
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