PROHIBITION OF LAY-OFF (Sec 25M)
(1) No workman (other than a badli workman or a casual workman) whose
name is borne on the muster rolls of an industrial establishment to which this
Chapter applies shall be laid-off by his employer except with the prior permission
of the appropriate Government or such authority as may be specified by that
Government by notification in the Official Gazette (hereafter in this section
referred to as the specified authority), obtained on an application made in
this behalf, unless such lay-off is due to shortage of power or to natural
calamity, and in the case of a mine, such lay-off is due also to fire, flood,
excess of inflammable gas or explosion.
(2) An application for permission under sub-section (1) shall be made by
the employer in the prescribed manner stating clearly the reasons for the
intended lay-off and a copy of such application shall also be served
simultaneously on the workmen concerned in the prescribed manner.
(3) Where the workmen (other than badli workmen or casual workmen) of an
industrial establishment, being a mine, have been laid-off under sub-section
(1) for reasons of fire, flood or excess of inflammable gas or explosion, the
employer, in relation to such establishment, shall, within a period of thirty
days from the date of commencement of such lay-off, apply, in the prescribed
manner, to the appropriate Government or the specified authority for permission
to continue the lay-off.
(4) Where an application for permission under sub-section (1) or
sub-section (3) has been made, the appropriate Government or the specified
authority, after making such enquiry as it thinks fit and after giving a
reasonable opportunity of being heard to the employer, the workmen concerned
and the persons interested in such lay-off, may, having regard to the
genuineness and adequacy of the reasons for such lay-off, the interests of the
workmen and all other relevant factors, by order and for reasons to be recorded
in writing, grant or refuse to grant such permission and a copy of such order shall
be communicated to the employer and the workmen.
(5) Where an application for permission under sub-section (1) or
sub-section (3) has been made and the appropriate Government or the specified
Authority does not communicate the order granting or refusing to grant
permission to the employer within a period of sixty days from the date on which
such application is made, the permission applied for shall be deemed to have
been granted on the expiration of the said period of sixty days.
(6) An order of the appropriate Government or the specified authority
granting or refusing to grant permission shall, subject to the provisions of
sub-section (7), be final and binding on all the parties concerned and shall
remain in force for one year from the date of such order.
(7) The appropriate Government or the specified authority may, either on
its own motion or on the application made by the employer or any workman,
review its order granting or refusing to grant permission under sub-section (4)
or refer the matter or, as the case may be, cause it to be referred, 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.
(8) Where no application for permission under sub-section (1) is made, or
where no application for permission under sub-section (3) is made within the
period specified therein, or where the permission for any lay-off has been
refused, such lay-off shall be deemed to be illegal from the date on which the
workmen had been laid-off and the workmen shall be entitled to all the benefits
under any law for the time being in force as if they had not been laid-off.
(9) Notwithstanding anything contained in the foregoing provisions of
this section, the appropriate Government may, if it is satisfied that owing to
such exceptional circumstances as accident in the establishment or death of the
employer or the like, it is necessary so to do, by order, direct that the provisions
of sub-section (1), or, as the case may be, sub-section (3) shall not apply in
relation to such establishment for such period as may be specified in the
order.
(10) The provisions of section 25C (other than the second proviso
thereto) shall apply to cases of lay-off referred to in this section.
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