Bombay High Court in Global Health Care Products vs. KrantikariKamgar Union (W.P No. 1164/2022), observed that a closure of an undertaking in breach of section 25O of the Industrial Disputes Act, 1947 (“ID Act“) is deemed to be illegal from the date of closure and the workmen are entitled to all the benefits under any law for the time being in force as if such undertaking had not been closed down. The Court further held that, in such a case, the employer cannot be permitted to urge that notwithstanding the illegal closure the workmen must establish that he was not gainfully employed to be entitled to claim the benefits which are available under the law.
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