Section 25K - Application of Chapter V-B : Industrial Disputes Act 1947

What is Application of Chapter V-B? Section 25K of Industrial Disputes Act 1947

Section 25K of Industrial Disputes Act 1947 : "Application of Chapter V-B"

25K. (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 58[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 AMENDMENTS

KARNATAKA
In section 25K, 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 25-0 and section 25R in so far as they relate to contravention of sub-section (1) or sub-section (2) of section 25-0, 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." - Karnataka Act No. 5 of 1988.

MAHARASHTRA
In section 25K, after sub-section (1), the following sub-section shall be inserted, namely:-

"(1A) Without prejudice to the provisions of sub-section (1), the appropriate Government may, from time to time, by notification in the Official Gazette, apply the provisions of section 25-O and section 25R in so far as it relates to contravention of sub-section (1) or (2) of section 25-O, also to an Industrial establishment (not being an establishment of a seasonal character or in which work is performed 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." - Maharashtra Act No. 3 of 1982.

ORISSA
In section 25K in sub-section (1), for the words "three hundred", the words "one hundred" shall be substituted - Orissa Act No. 6 of 1983

 

RAJASTHAN
After sub-section (1) of section 25K, the following new sub-section shall be inserted, namely:-'

"(1A) Without prejudice to the provisions contained in sub-section (1), the State Government may, "if satisfied that maintenance of industrial peace or prevention of victimisation 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." - Rajasthan Act No. 8 of 1984.

WEST BENGAL
In sub-section (1) of section 25K for the words "three hundred", the word "fifty" shall be substituted - West Bengal Act No. 57 of 1980.