Construction Sites and Section 25(N) of ID Act 1947: Do Rules Change After Two Years?

Dear Colleagues,

Please share whether the provisions of Section 25(N) of the Industrial Disputes Act, 1947, are to be followed for a construction site if the construction work exceeds two years.

Regards,
Nirmal

Special Provisions Relating to Lay-Off, Retrenchment, and Closure

Section 25N is under Chapter VB. This chapter deals with special provisions relating to lay-off, retrenchment, and closure in certain establishments. The provisions of this chapter apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than one hundred workmen were employed on average per working day for the preceding twelve months.

If your construction establishment has more than 100 workmen as defined in the Act on average per working day for the preceding twelve months, then the provisions of Section 25N shall apply to your construction establishment.