I want details regarding U/s 25N(1) of Industrial Disputes Act, 1947. Could you provide the same. JOY KUMAR DE
From India, Calcutta
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4From India, Calcutta
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Dear Joy,
I found a very interesting presentation on the net which I have been using whenever I teach the ID Act. It is one of the most comprehensive PowerPoint presentations on the ID Act. I must thank the creator, Mr. Vinay Menot (I don't know him), for such a presentation. Whenever I use it, I present it in the original form sent by him, as I respect the effort he put into it. Slide 54 has the answer to your query.
Hope it helps.
Kirti
From India, Bangalore
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I found a very interesting presentation on the net which I have been using whenever I teach the ID Act. It is one of the most comprehensive PowerPoint presentations on the ID Act. I must thank the creator, Mr. Vinay Menot (I don't know him), for such a presentation. Whenever I use it, I present it in the original form sent by him, as I respect the effort he put into it. Slide 54 has the answer to your query.
Hope it helps.
Kirti
From India, Bangalore
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Hey Kirti, It seems the ppt you attached is not the one you are praising. Pl do reattach the ppt for all of us.
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Hello Joy,
Section 25-N of the Industrial Disputes Act, 1947, speaks about the Conditions precedent to retrenchment of workmen.
25N. CONDITIONS PRECEDENT TO RETRENCHMENT OF WORKMEN - (1) No workman employed in any industrial establishment to which this Chapter applies, who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until, (a) the workman has been given three months' notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice; and
(b) 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) has been obtained on an application made in this behalf.
(2) An application for permission under subsection (1) shall be made by the employer in the prescribed manner stating clearly the reasons for the intended retrenchment 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 subsection (1) has been made, the appropriate Government or the specified authority, after making such inquiry 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 retrenchment, may, having regard to the genuineness and adequacy of the reasons stated by the employer, 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 has been made under subsection (1) 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 appropriate Government or the specified authority granting or refusing to grant permission shall, subject to the provisions of subsection (6), be final and binding on all the parties concerned and shall remain in force for one year from the date of such order.
(6) The appropriate Government or the specified authority may, either on its motion or on the application made by the employer or any workman, review its order granting or refusing to grant permission under subsection (3) 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 subsection, it shall pass an award within a period of thirty days from the date of such reference.
(7) Where no application for permission under subsection (1) is made, or where the permission for any retrenchment has been refused, such retrenchment shall be deemed to be illegal from the date on which the notice of retrenchment was given to the workman and the workman shall be entitled to all the benefits under any law for the time being in force as if no notice had been given to him.
(8) 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 an accident in the establishment or death of the employer or the like, it is necessary to do so, by order, direct that the provisions of subsection (1) shall not apply in relation to such establishment for such a period as may be specified in the order.
(9) Where permission for retrenchment has been granted under subsection (3) or where permission for retrenchment is deemed to be granted under subsection (4), every workman who is employed in that establishment immediately before the date of application for permission under this section shall be entitled to receive, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months.
To put it simply, it says that unless the conditions mentioned in sec. 25-N of the I.D. Act are met with/fulfilled, one cannot retrench a workman under this Act.
For more information, please log on to www.vakilno1.com or www.lawone.com.
Hope it's what you are looking for.
Regards,
Mrinal
From India, Pune
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Section 25-N of the Industrial Disputes Act, 1947, speaks about the Conditions precedent to retrenchment of workmen.
25N. CONDITIONS PRECEDENT TO RETRENCHMENT OF WORKMEN - (1) No workman employed in any industrial establishment to which this Chapter applies, who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until, (a) the workman has been given three months' notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice; and
(b) 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) has been obtained on an application made in this behalf.
(2) An application for permission under subsection (1) shall be made by the employer in the prescribed manner stating clearly the reasons for the intended retrenchment 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 subsection (1) has been made, the appropriate Government or the specified authority, after making such inquiry 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 retrenchment, may, having regard to the genuineness and adequacy of the reasons stated by the employer, 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 has been made under subsection (1) 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 appropriate Government or the specified authority granting or refusing to grant permission shall, subject to the provisions of subsection (6), be final and binding on all the parties concerned and shall remain in force for one year from the date of such order.
(6) The appropriate Government or the specified authority may, either on its motion or on the application made by the employer or any workman, review its order granting or refusing to grant permission under subsection (3) 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 subsection, it shall pass an award within a period of thirty days from the date of such reference.
(7) Where no application for permission under subsection (1) is made, or where the permission for any retrenchment has been refused, such retrenchment shall be deemed to be illegal from the date on which the notice of retrenchment was given to the workman and the workman shall be entitled to all the benefits under any law for the time being in force as if no notice had been given to him.
(8) 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 an accident in the establishment or death of the employer or the like, it is necessary to do so, by order, direct that the provisions of subsection (1) shall not apply in relation to such establishment for such a period as may be specified in the order.
(9) Where permission for retrenchment has been granted under subsection (3) or where permission for retrenchment is deemed to be granted under subsection (4), every workman who is employed in that establishment immediately before the date of application for permission under this section shall be entitled to receive, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months.
To put it simply, it says that unless the conditions mentioned in sec. 25-N of the I.D. Act are met with/fulfilled, one cannot retrench a workman under this Act.
For more information, please log on to www.vakilno1.com or www.lawone.com.
Hope it's what you are looking for.
Regards,
Mrinal
From India, Pune
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Hi everyone , Sorry for the inconvenience . Hope the entire attachment is found this time . Regards Kirti
From India, Bangalore
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From India, Bangalore
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Hi,
Sorry again, this time I have checked the attachment, it's the right one. At least, I learned a lesson - "What not to delegate?" Sorry, and this time I am sure the whole attachment is there.
Regards,
Kirti
From India, Bangalore
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Sorry again, this time I have checked the attachment, it's the right one. At least, I learned a lesson - "What not to delegate?" Sorry, and this time I am sure the whole attachment is there.
Regards,
Kirti
From India, Bangalore
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Hi all,
Please tell me, regarding retrenchment, why is it so? In the Industrial Disputes Act, Section 25F (a), the workman has been given one month's notice, and in Section 25N (a), the workman has been given three months' notice. Is this correct or an error?
Shekhar
From India, Mumbai
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Please tell me, regarding retrenchment, why is it so? In the Industrial Disputes Act, Section 25F (a), the workman has been given one month's notice, and in Section 25N (a), the workman has been given three months' notice. Is this correct or an error?
Shekhar
From India, Mumbai
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Dear,
It is correct. For more details, you may refer to chapters VA & VB of the Industrial Disputes Act, 1947, regarding the conditions of retrenchment.
With Regards,
R.N.Khola
From India, Delhi
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It is correct. For more details, you may refer to chapters VA & VB of the Industrial Disputes Act, 1947, regarding the conditions of retrenchment.
With Regards,
R.N.Khola
From India, Delhi
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For retrenching the workers, the employer creates such a situation that they leave on their own. While doing so, he receives a letter stating that they are leaving voluntarily, and no settlements are pending. Is it possible to rectify this situation in favor of the workers?
From India, Nellore
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From India, Nellore
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Industrial Disputes Amendment Act 2010.doc
INDUSTRIAL DISPUTES ACT.pdf