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Where the appropriate Government is of the
opinion that the application of the provisions of section 40 to any class of industrial establishments or
to any class of worker employed in any industrial establishment affect the employers in relation thereto
so prejudicially that such application may cause serious repercussion on the industry concerned and that
public interest so requires, the appropriate Government may, by notification, direct that the provisions
of the said section shall not apply or shall apply, subject to such conditions as may be specified in the
notification, to that class of industrial establishments or to that class of workers employed in any
industrial establishment.
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