SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS

Application of Chapter VB.

§25K

Summary

1[25K. Application of Chapter VB.--(1) The provisions of this Chapter shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than 2[one hundred] workmen were employed on an average per working day for the preceding twelve months. (2) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate Government thereon shall be final.] STATE AMENDMENT Andhra Pradesh-- In Section 25K The following shall be substituted, namely:-- "25-K.Application of Chapter V-B:--(1) The provisions of this chapter shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than three hundred workmen were employed on an average per working day for the preceding twelve months. (2) Without prejudice to the provisions of sub-section (1), the State Government, may, if satisfied that maintenance of industrial peace or prevention of victimization of workmen so requires, by notification in the official gazette apply the provisions of this chapter to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which such number of workmen which may be less than three hundred but not less than one hundred, as may be specified in the notification, were employed on an average per working day for the preceding twelve months. (3) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the State Government thereon shall be final. [Vide Andhra Pradesh 12 of 2015, s. 3] Assam-- Amendment of section 25K.--In the principal Act, in section 25K, for the words "one hundred", appearing in between the words than and workmen, the words three hundred shall be substituted. [Vide Assam Act 22 of 2018, s. 2] Karnataka-- Amendment of section 25K.--In section 25K of the principal Act, after sub-section (1), the following sub-section shall be inserted, namely:-- (1A) Notwithstanding anything contained in sub-section (1) the State Government may, from time to time by notification in the official gazette, apply the provisions of section 25-O and section 25-R in so far, as they relate to contravention of sub-section (2) of section 25-O, also to an industrial establishment of a seasonal character or in which work is performed only intermittently in which not less than one hundred workmen were employed on an average per working day for the preceding twelve months. [Vide the Karnataka Act 5 of 1988, s. 5] Orissa-- Amendment of section 25K..--In section 25K of the Industrial Disputes Act, 1947 (14 of 1947) (hereinafter referred to as the principal Act), in sub-section (1), for the words "three hundred", the words "one hundred" shall be substituted. [Vide the Orissa Act 6 of 1983, s. 2] Union Territory of Jammu and Kashmir and Ladakh Section 25K.--In sub-section (1), for "one hundred", substitute "three hundred". [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020). Rajasthan Amendment of section 25-k, Central Act No. 14 of 1947.- After sub-section (1) of section 25-k of the Industrial Disputes Act, 1947 (Central Act No. 14 of 1947), hereinafter referred to as the principle Act, the following new sub-section shall be inserted, namely:- "(1-A) Without prejudice to the provisions contained in sub section (1), the State Government may, if satisfied that maintenance of industrial peace or prevention of vietimisation of workmen so requires, by notification in the Official Gazette, apply the provisions of this Chapter to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which such number of workmen, which may be less than three hundred but not less than one hundred as may be specified in the notification, were employed on an average per working day for the preceding twelve months." [Vide Rajasthan Act 8 of 1984, s.2] Rajasthan Amendment of section 25K, Central Act No. 14 of 1947.- For the existing section 25K of the principal Act, the following shall be substituted, namely:- “25K. Application of Chapter VB.- (1) The provisions of this Chapter shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than three hundred workmen were employed on an average per working day for the preceding twelve months. (2) Without prejudice to the provisions of sub-section (1), the State Government may, if satisfied that maintenance of industrial peace or prevention of victimization of workmen so requires, by notification in the Official Gazette apply the provisions of this Chapter to an industrial establishment, (not being an establishment of a seasonal character or in which work is performed only intermittently) in which such number of workmen which may be less than three hundred but not less than one hundred, as may be specified in the notification, were employed on an average per working day for the preceding twelve months. (3) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate Government thereon shall be final.”. [Vide Rajasthan Act 21 of 2014, s. 7]

1[25K. Application of Chapter VB.--(1) The provisions of this Chapter shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than 2[one hundred] workmen were employed on an average per working day for the preceding twelve months. (2) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate Government thereon shall be final.] STATE AMENDMENT Andhra Pradesh-- In Section 25K The following shall be substituted, namely:-- "25-K.Application of Chapter V-B:--(1) The provisions of this chapter shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than three hundred workmen were employed on an average per working day for the preceding twelve months. (2) Without prejudice to the provisions of sub-section (1), the State Government, may, if satisfied that maintenance of industrial peace or prevention of victimization of workmen so requires, by notification in the official gazette apply the provisions of this chapter to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which such number of workmen which may be less than three hundred but not less than one hundred, as may be specified in the notification, were employed on an average per working day for the preceding twelve months. (3) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the State Government thereon shall be final. [Vide Andhra Pradesh 12 of 2015, s. 3] Assam-- Amendment of section 25K.--In the principal Act, in section 25K, for the words "one hundred", appearing in between the words than and workmen, the words three hundred shall be substituted. [Vide Assam Act 22 of 2018, s. 2] Karnataka-- Amendment of section 25K.--In section 25K of the principal Act, after sub-section (1), the following sub-section shall be inserted, namely:-- (1A) Notwithstanding anything contained in sub-section (1) the State Government may, from time to time by notification in the official gazette, apply the provisions of section 25-O and section 25-R in so far, as they relate to contravention of sub-section (2) of section 25-O, also to an industrial establishment of a seasonal character or in which work is performed only intermittently in which not less than one hundred workmen were employed on an average per working day for the preceding twelve months. [Vide the Karnataka Act 5 of 1988, s. 5] Orissa-- Amendment of section 25K..--In section 25K of the Industrial Disputes Act, 1947 (14 of 1947) (hereinafter referred to as the principal Act), in sub-section (1), for the words "three hundred", the words "one hundred" shall be substituted. [Vide the Orissa Act 6 of 1983, s. 2] Union Territory of Jammu and Kashmir and Ladakh Section 25K.--In sub-section (1), for "one hundred", substitute "three hundred". [Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020). Rajasthan Amendment of section 25-k, Central Act No. 14 of 1947.- After sub-section (1) of section 25-k of the Industrial Disputes Act, 1947 (Central Act No. 14 of 1947), hereinafter referred to as the principle Act, the following new sub-section shall be inserted, namely:- "(1-A) Without prejudice to the provisions contained in sub section (1), the State Government may, if satisfied that maintenance of industrial peace or prevention of vietimisation of workmen so requires, by notification in the Official Gazette, apply the provisions of this Chapter to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which such number of workmen, which may be less than three hundred but not less than one hundred as may be specified in the notification, were employed on an average per working day for the preceding twelve months." [Vide Rajasthan Act 8 of 1984, s.2] Rajasthan Amendment of section 25K, Central Act No. 14 of 1947.- For the existing section 25K of the principal Act, the following shall be substituted, namely:- “25K. Application of Chapter VB.- (1) The provisions of this Chapter shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than three hundred workmen were employed on an average per working day for the preceding twelve months. (2) Without prejudice to the provisions of sub-section (1), the State Government may, if satisfied that maintenance of industrial peace or prevention of victimization of workmen so requires, by notification in the Official Gazette apply the provisions of this Chapter to an industrial establishment, (not being an establishment of a seasonal character or in which work is performed only intermittently) in which such number of workmen which may be less than three hundred but not less than one hundred, as may be specified in the notification, were employed on an average per working day for the preceding twelve months. (3) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate Government thereon shall be final.”. [Vide Rajasthan Act 21 of 2014, s. 7]

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