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1992 Supreme(Mad) 626

G.S.SINGHVI
WORKMEN OF DECCAN SUGARS – Appellant
Versus
NAVA BHARAT FERRO ALLOYS LTD. AND OTHERS – Respondent


Advocates:
For the Appearing Parties:R. Vaigai, Advocate.

Judgment :-

(1) THOUGH at the outset I told the counsel that the proper remedy for the petitioners would be to approach the authorities constituted under the Industrial Disputes Act to get the relief which they want, learned counsel for the petitioners insisted upon the question raised in the writ petition being decided here. It is submitted that so far no Court has considered the question and given a decision. The point raised in the Writ Petition is whether in a case of transfer of undertaking, the employer is bound to comply with the requirements of Ss. 25-N and 25-O of the Industrial Disputes Act (hereinafter called "the Act") which are found in Chapter V-B thereof. In the present case, a notice was issued by the first respondent namely, Deccan sugar undertaking at Pugalur, Tiruchirapalli District, is transferred to the second respondent E. I. D. Parry (India) Limited effective 10. 15 a. m. on November 13, 1992. Consequently, all the employees listed thereunder were informed that they are entitled to compensation under S. 25-FF of the Act and shall cease to be in employment at 10. 15 a. m. on November 13, 1992. It is only in challenge of the said notice the present writ petition










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