Is Workmen not entitled to compensation in certain cases? Section
25E of Industrial Disputes Act
1947
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.
Section 15 - Duties of Labour Courts, Tribunals and National Tribunals
Section 16 - Form of report or award
Section 17 - Publication of reports and awards
Section 17A - Commencement of the award
Section 17B - Payment of full wages to workman pending proceedings in higher courts
Section 18 - Persons on whom settlements and awards are binding
Section 19 - Period of operation of settlements and awards
Section 20 - Commencement and conclusion of proceedings
Section 21 - Certain matters to be kept confidential
CHAPTER V STRIKES AND LOCK-OUTS
Section 22 - Prohibition of strikes and lock-outs
Section 23 - General prohibition of strikes and lock-outs
Section 24 - Illegal strikes and lock-outs
Section 25 - Prohibition of financial aid to illegal strikes and lock-outs
CHAPTER V-A LAY-OFF AND RETRENCHMENT
Section 25A - Application of sections 25C to 25E
Section 25B - Definition of continuous service
Section 25C - Right of workmen laid off for compensation
Section 25D - Duty of an employer to maintain muster rolls of workmen
Section 25E - Workmen not entitled to compensation in certain cases
Section 25F - Conditions precedent to retrenchment of workmen