cs executive LAY OFF OF WORKMEN industrial labour and general law notes


Posted on 05-05-2016        By ADMIN

cs executive LAY OFF OF WORKMEN industrial labour and general law notes 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 in which not less than one hundred workmen were employed on an, average per working day for the preceding twelve months, shall be laid-off by his employer except with the prior permission of the State Government or such authority as may be specified by the State Government by notification in the Official Gazette, obtained on an application made in this behalf unless such lay-off is due to shortage of power or to natural calamity. (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 an application for permission under sub-section (1) has been made the State 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. (4) Where an application for permission under sub-section (1) 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. (5) An order of the State Government or the specified authority granting or refusing to grant permission shall be final and binding on all the parties concerned and shall remain in force for one year from the date of such order.


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