Notice For Permission Of Closure To Be Given By An Employer Under Sub Section (1) Of Section 25 O Of The Industrial Disputes Act, 1947 (14 Of 1947) 127 - Legal Draft
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Notice for permission of closure to be given by an employer under sub-section (1) of section 25-O of the Industrial Disputes Act, 1947 (14 of 1947)
Form Q-A
(To be submitted in triplicate)
(See rule 76C(1))
(To be submitted in triplicate)
(See rule 76C(1))
Date ...................
To
The Secretary to the Government of India,
Ministry of Labour,
.............
Sir,
Under section 25-O of the Industrial Disputes Act, 1947 (14 of 1947), I/We hereby inform you that I/We propose to close down the undertaking specified below (name of the industrial establishment).
(Give details of the undertaking).......................................
.......................................
.......................................
1. With effect from ...................... for the reasons explained in the Annexure.
2. The number of workmen whose services will be terminated on account of the closure of the undertaking is ................... (number of workmen).
3. Permission is solicited for the proposed closure.
4. I/We hereby declare that in the event of approval for the closure being granted, every workman in the undertaking to whom sub-section (8) of the said section 25-O applies shall be paid compensation as specified in that section.
Yours truly,
(Signature)
(Signature)
Annexure
(Please give replies against each item)
Item No. (Please give replies against each item)
1. Name of the industrial establishment with complete postal address, including telegraphic address and telephone number.
2. Status of undertaking :-
(i) Whether Central public sector/State public sector/foreign majority company/joint sector, etc.
(ii) If belongs to large industrial house, please indicate the controlling group; and if a foreign majority company, indicate the extent of foreign holdings.
(iii) Whether the undertaking is licensed/registered, and if so, name of licensing/registration authority and licence registration certificate numbers.
3. Items of manufacture and scheduled industry/industries under which they fall.
4. The total number and categories of workmen affected by the proposed closure, along with the address of the workmen and the details of wages drawn by them.
5. Details relating to licensed capacity, installed capacity and the utilized capacity.
6. (i) Annual production item-wise for preceding three years.
(ii) Production figures month-wise for the preceding twelve months.
(iii) Work-in-progress, item-wise and value-wise.
(iv) Any arrangement regarding off loading of sub-contracting of products or any component thereof.
(v) Details of person or the organizations to whom the job/jobs is/are being entrusted, relationship/ interest of the persons/organizations with director/directors or the officer/officers of the company.
(vi) Position of the order book item-wise and value-wise for a period of six months and one year next following and for the period after the expiry of the said one year.
(vii) Number of working days in a week with the number of shifts per day and the strength of workmen per each shift.
(viii) Balance sheet and profit and loss account and audit reports for the last three years.
(ix) Financial position of the company
a. Name of inter-connected company or companies under the same management.
b. Details about inter-corporate investments and changes during the last one year.
c. Interest of any of the directors/officers of the undertaking producing same or similar type of product.
(i) Percentage of wages of workmen to the total cost of production.
(ii) Administrative, general and selling cost in absolute terms per year for the last three years and percentage thereof to the total cost.
16. Inventory position item-wise and value-wise for the preceding twelve months (Inventories to be shown in respect of finished products, components and raw materials to be shown separately item-wise and value-wise).
17. Selling arrangement for the last three years and any change in the selling arrangement in preceding twelve months.
18. Full details of the interests of the directors and officers of the company in the organizations/persons involved in the selling products of the undertaking.
19. Buy arrangement for raw materials and components.
20. Interests of the directors and officers with the organizations/persons involved in buying raw materials and components for the undertaking.
21. Annual sales figures for the three years and month-wise sales figures for the proceeding twelve months both item-wise and value-wise.
22. Reasons for the proposed closure.
23. Any specific attempts made so far to avoid the closure.
24. Any other relevant factors with details thereof.