Dear Friends
I would like to know the procedure for lay off,we have 45 permenant workers and 52 staff members,what procedures to be follow?
Rajkiransingh
Rajkiransingh (clerical) 30 December 2008
Dear Friends
I would like to know the procedure for lay off,we have 45 permenant workers and 52 staff members,what procedures to be follow?
Rajkiransingh
sanjeev murthy desai (Advocate) 06 January 2009
You have to refer Industrial dispute Act-1947
25M. Prohibition of lay-off.- (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 1*[with the prior permission of the
appropriate Government or such authority as may be specified by that
Government by notification in the Official Gazette (hereinafter 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].
1*[(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 workman (other than badli workmen or casual
workmen) of an industrial establishment, being a mine, have been laidoff
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 subsection
(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.
Explanation.--For the purposes of this section, a workman shall
not be deemed to be laid-off by an employer if such employer offers
any alternative employment (which in the opinion of the employer does
not call for any special skill or previous experience and can be done
by the workman) 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 such distance
from the establishment to which he belongs that the transfer will not
involve undue hardship to the workman having regard to the facts and
circumstances of his case, provided that the wages which would
normally have been paid to the workman are offered for the alternative
appointment also.
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