Facing Mine Closure: How Do We Properly Notify and Support Our 250 Miners?

We are one of the mining contractors in Orissa. In one of our sites, around 250 miners are working. The mines might be closed due to statutory problems, and our contract might not be renewed from 01.04.2013. As per my knowledge, we have to give 90 days' notice to miners as per Clause No. 25 N of the ID Act 1947. Kindly let me know the following:

1. Format for giving notice.
2. Who is the appropriate government authority for approval.
3. Format for the letter to be given to the appropriate government.
4. Any other required formalities.

Thanking all in anticipation of your assistance.

Regards,
Peter K J

Please consult a labor court lawyer as the rules vary between states and industries.

Thank you for your advice. I was planning to engage a lawyer, but I wanted to have some basic information before approaching one. As far as I understand, mines come under the Central Government, and the laws will be the same.

Sincerely

You are correct in giving 90 days' notice. Notice should be submitted to LEO and his superiors as they are the deciding authorities. All statutory benefits should be cleared for the laborers. I suggest interacting with the LEO to get guidelines from him, especially since the labor strength exceeds 100.

Regards,
Sudhir

Referring to your query on the above subject and being aware that you are a contractor, you are required to comply with the provisions laid down under the applicable regulations for the engagement of labor as per the Contract Labour (R&A) Act of 1971, which includes both central and state rules. These provisions are applicable to industries under Sec. 25N, i.e., Chapter VB of the ID Act of 1947. If your contract cannot be renewed for any reason, you must provide alternate employment at another site that belongs to your contracting company.

Thanks & Regards,

V R RAO PULIPAKA
[Phone Number Removed For Privacy Reasons]

You need to give one month's notice or pay in lieu thereof. Refer to Chapter 5A of the ID Act of 1947. Chapter 5B is not applicable as the strength is below 300.

Approaching the Central Government ALO

First, you can approach the Central Government ALO (I mean the licensing officer) under the Contract Labour Abolition Act if you have a license under the Act. They are supposed to provide advice.

Regards,
GEORGIE DANIEL