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    <title>1963 (10) TMI 39 - BOMBAY HIGH COURT</title>
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    <description>Closure of an undertaking following a winding-up order does not automatically confine workmen to three months&#039; compensation under the proviso to section 25FFF of the Industrial Disputes Act, 1947; the employer must prove that the closure resulted from unavoidable circumstances beyond its control, and that question depends on the facts. A winding-up order alone is not sufficient. Employees drawing wages above Rs. 500 per month are not excluded from the definition of workman unless they are employed in a supervisory capacity; the wage ceiling by itself does not defeat entitlement to retrenchment compensation. The liquidator&#039;s contrary assumptions were rejected and the claims were remitted for fresh factual examination under the correct legal principles.</description>
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    <pubDate>Tue, 01 Oct 1963 00:00:00 +0530</pubDate>
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      <title>1963 (10) TMI 39 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=199690</link>
      <description>Closure of an undertaking following a winding-up order does not automatically confine workmen to three months&#039; compensation under the proviso to section 25FFF of the Industrial Disputes Act, 1947; the employer must prove that the closure resulted from unavoidable circumstances beyond its control, and that question depends on the facts. A winding-up order alone is not sufficient. Employees drawing wages above Rs. 500 per month are not excluded from the definition of workman unless they are employed in a supervisory capacity; the wage ceiling by itself does not defeat entitlement to retrenchment compensation. The liquidator&#039;s contrary assumptions were rejected and the claims were remitted for fresh factual examination under the correct legal principles.</description>
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      <pubDate>Tue, 01 Oct 1963 00:00:00 +0530</pubDate>
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