Section 25P - Special provision as to restarting of undertakings closed down before commencement of the Industrial Disputes (Amendment) Act, 1976 : Industrial Disputes Act 1947

What is the Special provision as to restarting of undertakings closed down before commencement of the Industrial Disputes (Amendment) Act, 1976? Section 25P of Industrial Disputes Act 1947

Section 25P of Industrial Disputes Act 1947 : "Special provision as to restarting of undertakings closed down before commencement of the Industrial Disputes (Amendment) Act, 1976"

25P. If the appropriate Government is of opinion in respect of any undertaking of an industrial establishment to which this Chapter applies and which closed down before the commencement of the Industrial Disputes (Amendment) Act, 1976 (32 of 1976),-

(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 services essential to the life of the community to restart 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, direct, by order published in the Official 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.

STATE AMENDMENTS
RAJASTHAN
For section 25P the following section shall be substituted, namely:-

"25P. Special provisions as to restarting of undertaking closed down before commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984.- (1) Where the undertaking of an industrial establishment to which this Chapter applies had been closed down before the commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984, and the State Government, after giving reasonable opportunity of being heard to the employer, workmen and the office-bearer of the representative union of the concerned industrial establishment and after making such enquiry as it thinks fit, is satisfied that,-

(a) such undertaking was closed down otherwise than on account of unavoidable circumstances beyond the control of the employer;

(b) there are possibilities of restarting the undertaking;

(c) it is necessary for the rehabilitation of the workmen employed in such undertaking before its closure or for the maintenance of supplies and services essential to the life of the community or both to restart the undertaking; and

(d) the restarting of the undertaking will not result in hardship to the employer in relation to the undertaking;

it may direct, by order published in the Official Gazette, that the undertaking shall be restarted within such time (not being less than one month, from the date of the orders) as may be specified in the order.

(2) An order of the State Government directing the restarting of the undertaking under sub-section (1) shall, subject to the provisions of sub-section (3), be final and binding on all the parties.

(3)The State Government may either on its own motion or on the application made by the employer and after giving to such employer, the workmen and the office-bearer of the representative union of the concerned industrial establishment an opportunity of being heard, review its order directing the restarting of the undertaking under sub-section (1) or refer the matter to a Tribunal for adjudication:

Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an award within a period of sixty days from the date of such reference and pending award by the Tribunal, the undertaking shall continue to remain restarted." - Rajasthan Act No. 8 of 1984.

After section 25P as so substituted, the following new section shall be added, namely:-

"25PP. Special provision as to reinstatement of workmen retrenched before the commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984- (1) Notwithstanding any award or order of a Tribunal or any judgment, order or direction of any Court upholding the validity of retrenchment of any workman employed in any industrial establishment to which this Chapter applies who is retrenched at any time during six months immediately before the commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984, the State Government shall, either on its own motion or on the application made by any such retrenched workman or by the office-bearer of the representative union of the concerned industrial establishment, examine the validity of retrenchment of such workman and if, after making such enquiry as it thinks fit and after giving reasonable opportunity of being heard to the employer, the retrenched workman, or, as the case may be, to such office-bearer, it is satisfied that,-

(a) the retrenchment of the workman was without genuine or adequate reasons;

(b) the retrenchment was by way of victimisation and unfair labour practice; and

It shall, by order and for reasons to be recorded in writing, direct the employer to reinstate the retrenched workman within such time as may be specified in the order and if it is not so satisfied, it shall by such reasoned order uphold the validity of retrenchment of the workman and shall communicate its order to the employer and the workman.

(2) An order of the State Government under sub-section (1), subject to the order passed by it as a result of review under sub-section (3) and, where a reference has been made by it to a Tribunal under the said sub-section, subject to the award passed by the Tribunal, shall be final and binding on the employer and the workman.

(3) The State Government may, either on its own motion or on the application made by the employer or the retrenched workman, review its order directing reinstatement of the retrenched workman or, as the case may be, the order upholding the validity of retrenchment of the workman under sub-section (1) or refer the matter to a Tribunal for adjudication:

Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an award within a period of thirty days from the date of such reference." - Rajasthan Act No. 8 of 1984.

WEST BENGAL
For section 25P, the following section shall be substituted:-

"25P. Special provision as to re-starting of the undertaking closed down before the commencement of the Industrial Disputes (West Bengal Second Amendment) Act, 1986.-(1) If the appropriate Government is of opinion in respect of any undertaking of an industrial establishment to which this Chapter applies and which is closed down before the commencement of the Industrial Disputes (West Bengal Second Amendment) Act, 1986,-

(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 re-starting the undertaking,

(c) that it is necessary for the rehabilitation of the workmen employed in such undertakings before its closure or for the maintenance of surplus and services essential to the life of the community to re-start the undertaking or both, and

(d) that the re-starting of the undertaking shall not result in hardship to the employer in relation to the undertaking, it may, after giving such employer and the workmen an opportunity of being heard, direct, by order published in the Official 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) Notwithstanding anything contained in sub-section (1) the appropriate Government may, either on its own motion or on the application made by the employer and after giving the employer and the workmen an opportunity of being heard, review its order under sub-section (1) or refer the matter to the Tribunal for adjudication:

Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an award within a period of sixty days from the date of such reference and, pending such award, the undertaking shall not be closed down" -West Bengal Act No. 33 of 1989.