Section 25E - Workmen not entitled to compensation in certain cases : Industrial Disputes Act 1947

Is Workmen not entitled to compensation in certain cases? Section 25E of Industrial Disputes Act 1947

Section 25E of Industrial Disputes Act 1947 : "Workmen not entitled to compensation in certain cases"

25E. No compensation shall be paid to a workman who has been laid off-

(i) if he refuses to accept any alternative employment in the same establishment from which he has been laid off, or in any other establishment belonging to the same employer situate in the same town or village or situate within a radius of five miles from the establishment to which he belongs, if, in the opinion of the employer, such alternative employment does not call for any special skill or previous experience and can be done by the workman, provided that the wages which would normally have been paid to the workman are offered for the alternative employment also;

(ii) if he does not present himself for work at the establishment at the appointed time during normal working hours at least once a day;
(iii) if such laying off is due to a strike or slowing-down of production on the part of workmen in another part of the establishment.

STATE AMENDMENTS

WEST BENGAL
In section 25E after clause (ii), the following proviso shall be inserted :-

"Provided that where lay off extends beyond seven days at a stretch the workman may be required to present himself only once in a week;" - West Bengal Act No. 57 of 1980.