What is Penalty for closure? Section 25R of Industrial Disputes Act 1947
25R. (1) Any employer who closes down an
undertaking without complying with the provisions of
sub-section (1) of section 25-O shall be punishable
with imprisonment for a term which may extend to six
months, or with fine which may extend to five
thousand rupees, or with both.
(2) Any employer, who contravenes 65[an order refusing to grant permission to close down an undertaking under sub-section (2) of section 25-O or a direction given under section 25P ] shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and where the contravention is a continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction.
STATE AMENDMENTS
MADHYA PRADESH
In section 25R,-
(a) for sub-section (2), the following sub-section shall be
substituted, namely:-
"Any employer, who contravenes an order refusing to grant permission to close down an undertaking under sub-section (2) of section 25-O or a direction given under section 25-P, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and where the contravention is a continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction;"
(b) sub-section (3) shall be omitted - Madhya Pradesh Act No.
32 of 1983.
MAHARASHTRA
For section 25R, the following section shall be substituted,
namely :-
"25R. Penalty for closure.-(1) Any employer who closes down an
undertaking without complying with the provisions of sub-section
(1) of section 25-O shall, on conviction, be punished with
imprisonment for a term which may extend to six months, or with
fine which may extend to five thousand rupees, or with both.
(2) Any employer who contravenes a direction given under
sub-section (2) of section 25-O or section 25P shall, on
conviction, be punished with imprisonment for a term which may
extend to one year, or with fine which may extend to five
thousand rupees, or with both, and where the contravention is a
continuing one, with a further fine which may extend to two
thousand rupees for every day during which the contravention
continues after the conviction.' - Maharashtra Act No. 3 of
1982.
ORISSA
In section 25R,-
(a) in sub-section (2), for the words, brackets, figures and
letters "a direction given under sub-section (2) of section 25-O
or section 25P", the words, brackets, figures and letters "an
order refusing to grant permission to close down an undertaking
under sub-section (2) of section 25-0 or a direction given under
section 25P" shall be substituted ;
(b) sub-section (3) shall be omitted - Orissa Act No. 6 of 1983.
RAJASTHAN
In section 25R-
(a) for sub-section (2), the following sub-section
shall be substituted, namely:-
"(2) Any employer, who contravenes an order refusing to grant permission to close down an undertaking under sub-section (2) of section 25-0 or a direction given under section 25P, shall be punishable with an imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and where the contravention is a continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction."; and
(b) sub-section (3) shall be omitted - Rajasthan Act No. 8 of 1984.
Section 25FF - Compensation to workmen in case of transfer of undertakings
Section 25FFA - Sixty days' notice to be given of intention to close down any undertaking
Section 25FFF - Compensation to workmen in case of closing down of undertakings
Section 25G - Procedure for retrenchment
Section 25H - Re-employment of retrenched workmen
Section 25I - Recovery of moneys due from employers under this Chapter (omitted)
Section 25J - Effect of-laws Inconsistent with this Chapter
Section 25K - Application of Chapter V-B
Section 25M - Prohibition of lay-off
Section 25N - Conditions precedent to retrenchment of workmen
Section 25O - Procedure for closing down an undertaking
Section 25Q - Penalty for lay-off and retrenchment without previous permission
Section 25R - Penalty for closure
CHAPTER V-C UNFAIR LABOUR PRACTICES
Section 25T - Prohibition of unfair labour practice
Section 25U - Penalty for committing unfair labour practices
CHAPTER VI PENALTIES