Special provisions as to the restarting of certain undertakings

§6-X

Summary

6-X. (1)If the State Government is of opinion in respect of any undertaking of an industrial establishment which has been closed down before or after the commencement of the Uttar Pradesh Industrial Disputes (Amendment) Act, 1983 (a)that such undertaking was closed down otherwise than on account of unavoidable circumstances beyond the control of the employer ; (b) that there are possibilities of restarting the undertaking ;(c) that it is necessary for the rehabilitation of the workmen employed in such undertaking before its closure or for the maintenance of supplies and service essential to the life of the community to re-start the undertaking or both ; and(d) that the restarting of the undertaking will not result in hardship to the employer in relation to the undertaking ; it may, after giving an opportunity to such employer and workmen for reasons to be recorded in writing direct, by order published in the Gazette, that the undertaking shall be restarted within such time (not being less than one month from the date of the order) as may be specified in the order. (2) Where the employer is aggrieved from an order passed under sub-section (1), he may refer the matter in the prescribed manner to the Tribunal for adjudication and the Tribunal may pass such orders as it thinks proper and reasonable in the circumstances of the case.

6-X. (1)If the State Government is of opinion in respect of any undertaking of an industrial establishment which has been closed down before or after the commencement of the Uttar Pradesh Industrial Disputes (Amendment) Act, 1983 (a)that such undertaking was closed down otherwise than on account of unavoidable circumstances beyond the control of the employer ; (b) that there are possibilities of restarting the undertaking ; (c) that it is necessary for the rehabilitation of the workmen employed in such undertaking before its closure or for the maintenance of supplies and service essential to the life of the community to re-start the undertaking or both ; and (d) that the restarting of the undertaking will not result in hardship to the employer in relation to the undertaking ; it may, after giving an opportunity to such employer and workmen for reasons to be recorded in writing direct, by order published in the Gazette, that the undertaking shall be restarted within such time (not being less than one month from the date of the order) as may be specified in the order. (2) Where the employer is aggrieved from an order passed under sub-section (1), he may refer the matter in the prescribed manner to the Tribunal for adjudication and the Tribunal may pass such orders as it thinks proper and reasonable in the circumstances of the case.

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