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Home Bare Acts Phrase: retrenchIndustrial Disputes Act, 1947 Section 25N
Title: Conditions Precedent to Retrenchment of Workmen
State: Central
Year: 1947
.....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 sub-section (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 sub-section (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 own motion or on the application made by the employer or any workman, review its.....
View Complete Act List Judgments citing this sectionIndustrial Disputes Act, 1947 Section 25F
Title: Conditions Precedent to Retrenchment of Workmen
State: Central
Year: 1947
No workman employed in any industry 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 one month's 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; 1[***] (b) the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay2[for every completed year of continuous service] or any part thereof in excess of six months; and (c) notice in the prescribed manner is served on the appropriate Government3[for such authority as may be specified by the appropriate Government by notification in the Official Gazette]. ________________________ 1. Proviso omitted by Act 49 of 1984, section 32 (w.e.f. 18-8-1984). 2. Substituted by Act 36 of 1964, section 14, for "for every completed year of service" (w.e.f. 19-12-1964). 3. Inserted by Act 36 of 1964, section 14 (w.e.f. 19-12-1964).
View Complete Act List Judgments citing this sectionIndustrial Disputes Act, 1947 Section 25G
Title: Procedure for Retrenchment
State: Central
Year: 1947
Where any workman in an industrial establishment, who is a citizen of India, is to be retrenched and he belongs to a particular category of workmen in that establishment, in the absence of any agreement between the employer and the workman in this behalf, the employer shall ordinarily retrench the workman who was the last person to be employed in that category, unless for reasons to be recorded the employer retrenches any other workman.
View Complete Act List Judgments citing this sectionIndustrial Disputes Act, 1947 Section 25H
Title: Re-employment of Retrenched Workmen
State: Central
Year: 1947
.....to offer themselves for re-employment in the manner provided in sub-section (1)." (b) After section 25H, insert the following section, namely:-- "25HH. Condition of re-instatement of workman by an award of a Labour Court or Tribunal.--Where a workman is re-instated in service by an award of a Labour Court or Tribunal, the workman shall be deemed to be in service from the date specified in the award whether or not the workman was earlier re-instated by the employer and his wages shall be recovered in the manner provided in section 33C." ________________________ 1. Substituted by Act 36 of 1964, section 16, for certain words (w.e.f.. 19-12-1964). 2. Vide Andhra Pradesh Act 32 of 1987. 3. Vide West Bengal Act 57 of 1980.
View Complete Act List Judgments citing this sectionIndustrial Disputes Act, 1947 Section 25Q
Title: Penalty for Lay-off and Retrenchment Without Previous Permission
State: Central
Year: 1947
.....without previous permission.-- Any employer who-- (a) lays off a workman without complying with the provisions of sub-section (1) or sub-section (2) of section 25M; or (b) contravenes an order refusing to grant permission to lay-off or to continue the lay-off of a workman under sub-section (4) of section 25M; or (c) contravenes such an order as is referred to in clause (b) passed as a result of review under sub-section (7) of section 25M; or (d) contravenes the provisions of clause (c) of sub-section (1) or sub-section (4) of section 25N; or (e) contravenes an order refusing to grant permission to retrench a workman under sub-section (2) or an order under sub-section (9) of section 25N; or (f) contravenes such an order as is referred to in clause (e) passed as a result of review under sub-section (7) or sub-section (9) of section 25N; or (g) contravenes the direction to reinstate a retrenched workman given under subsection (1) of section 25PP or such a direction given as a result of review under sub-section (3) of the said section, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to two.....
View Complete Act List Judgments citing this sectionWorking Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 Section 4
Title: Special Provisions in Respect of Certain Cases of Retrenchment
State: Central
Year: 1955
Where at any time between the 14th day of July, 1954, and the 12th day of March, 1955, any working journalist had been retrenched, he shall be entitled to receive from the employer-- (a) wages for one month at the rate to which he was entitled immediately before his retrenchment, unless he had been given one month's notice in writing before such retrenchment; and (b) compensation which shall be equivalent to fifteen days' average pay for every completed year of service under that employer or any part thereof in excess of six months.
View Complete Act List Judgments citing this sectionEducation Act, 1983 Section 98
Title: Retrenchment of Employees
State: Karnataka
Year: 1983
(1) Where retrenchment of any employee is rendered necessary by the Governing Council or competent authority consequent on any change relating to education or course of instruction or due to any other reason, such retrenchment may be effected with the prior approval of the competent authority or the next higher authority, as the case may be. (2) Where any retrenchment of the member of the teaching staff in any aided Educational Institutions is effected, the State Government or the competent authority shall, subject to prescribed rules or orders governing the reservation in posts to Scheduled Castes and Scheduled Tribes and other Backward Classes, appoint such person to a similar post where available in any other aided educational institution. (3) If the management of an institution wants a transfer of an employee to some other institution, where there is a vacancy or if any employee of an institution, wants a transfer or if two employees apply for mutual transfer, the State Government may grant the request of the institution or of the employee as the case may be.
View Complete Act List Judgments citing this sectionNorth-eastern Areas Reorganisation Act, 1971 Section 58
Title: Special Provision Relating to Retrenchment Compensation in Certain Cases
State: Central
Year: 1971
Where, on account of the reorganisation of the existing State of Assam under this Act, any body corporate constituted under a Central Act, State Act or Provincial Act, any co-operative society registered under any law relating to a co-operative societies or any commercial or industrial undertaking of that State is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate, co-operative society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation, amalgamation or dissolution, any workman employed by such body corporate or any such co-operative society or undertaking, is transferred to, or re-employed by, any other body corporate, or in any other co-operative society or undertaking, then, notwithstanding anything contained in section 25F, 25FF or 25FFF of the Industrial Disputes Act, 1947, such transfer or re-employment shall not entitle him to any compensation under that section: Provided that-- (a) the terms and conditions of service applicable to the workman after such transfer or re-employment are not less favourable to the workman than those applicable to him immediately before the transfer.....
View Complete Act List Judgments citing this sectionGoa, Daman and Diu Reorganisation Act, 1987 Section 56
Title: Special Provision Relating to Retrenchment Compensation in Certain Cases
State: Central
Year: 1987
.....such body corporate or any such co-operative society or undertaking, is transferred to, or re-employed by any other body corporate, or in any other co-operative society or undertaking, then, notwithstanding anything contained in section 25F, section 25FF or section 25FFF, of the Industrial Disputes Act, 1947, such transfer or re-employment shall not entitle him to any compensation under that section : Provided that-- (a) the terms and conditions of service applicable to the workman after such transfer or re-employment are not less favourable to the workman than those applicable to him immediately before the transfer or re-employment; and (b) the employer in relation to the body corporate, the co-operative society or the undertaking where the workman transferred or re-employed, is by agreement or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation under section 25F, section 25FF or section 25FFF of the Industrial Disputes Act, 1947, on the basis that his service has been continuous and has not been interrupted by the transfer or re-employment.
View Complete Act List Judgments citing this sectionPunjab Reorganisation Act, 1966 Section 75
Title: Special Provision Relating to Retrenchment Compensation in Certain Cases
State: Central
Year: 1966
Where, on account of the reorganisation of the existing State of Punjab under this Act, any body corporate constituted under a Central Act, State Act or Provincial Act, any co-operative society registered under any law relating to co-operative societies or any commercial or industrial undertaking of that State is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate, cooperative society or undertaking, or is dissolved, and in consequence of such reconstitution, organisation, amalgamation or dissolution, any workman employed by such body corporate or any such cooperative society or undertaking, is transferred to, or re-employed by any other body corporate, or in any other co-operative society or undertaking then notwithstanding anything contained in section 25F, 25FF or 25FFF, of the Industrial Disputes Act, 1947, such transfer or re-employment shall not entitle him to any compensation under that section : Provided that (a) the terms and conditions of service applicable to the workman after such transfer or re-employment are not less favourable to the workman than those applicable to him immediately before the transfer or.....
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