I would like to know which clause of ID Act 1947, 25 F or 25 N is applicable is case of Chrome Mines in Orissa and why.
We are Mining Contractors and one of our contract is going to closed, so we have retrench the workers
From India, Bhubaneswar
We are Mining Contractors and one of our contract is going to closed, so we have retrench the workers
From India, Bhubaneswar
Dear 
,
Section 25-n of the ID Act 1947 is applicable in case of Lay-off, Retrenchment and closure in a Mine.
- Lay off to be with permission from appropriate government or specified authority.
- Application to be made by the employer or permission.
- Application for permission to continue lay-off in a mine.
- Order granting or refusing permission for lay-off to be communicated to employer and workmen.
- Presumption of permission if no order communicated with in 60 days.
- Order binding for all parties for 1 year.
- Review of order.
- Lay-off illegal in certain cases. Exemption: Penalty for illegal lay-off. The penalty for illegal lay-off is imprisonment up to 1 month or fine up to Rs. 1,000 or both.
To retrench the workers, conditions precedent for workmen is:
- 3 months notice and prior permission of the appropriate Government or the specified authority required before retrenchment.
- Application to be made for permission.
- Order granting or refusing permission for retrenchment to be communicated to employer and workmen.
- Presumption of permission if no order communicated within 60 days.
- Order binding on all parties for 1 year.
- Reviewing of the order.
From India, Visakhapatnam
990Section 25-n of the ID Act 1947 is applicable in case of Lay-off, Retrenchment and closure in a Mine.
- Lay off to be with permission from appropriate government or specified authority.
- Application to be made by the employer or permission.
- Application for permission to continue lay-off in a mine.
- Order granting or refusing permission for lay-off to be communicated to employer and workmen.
- Presumption of permission if no order communicated with in 60 days.
- Order binding for all parties for 1 year.
- Review of order.
- Lay-off illegal in certain cases. Exemption: Penalty for illegal lay-off. The penalty for illegal lay-off is imprisonment up to 1 month or fine up to Rs. 1,000 or both.
To retrench the workers, conditions precedent for workmen is:
- 3 months notice and prior permission of the appropriate Government or the specified authority required before retrenchment.
- Application to be made for permission.
- Order granting or refusing permission for retrenchment to be communicated to employer and workmen.
- Presumption of permission if no order communicated within 60 days.
- Order binding on all parties for 1 year.
- Reviewing of the order.
From India, Visakhapatnam
I Thank you very much for your response. Kindly let me know why 25 F is not applicable, in 25 F it is one month notice instead of 3 months. Also let me know which type of industries are coming under 25 F.
With regards
From India, Bhubaneswar
With regards
From India, Bhubaneswar
Under Sec. 25 FFA - No workman employed in any industry who has been in continuous service for not less than 1year under an employer shall be retrenched by that employer.however, is applicable only if the new employer is under such transfer and 60 days notice to be given of intention to close down any undertaking.
CLOSURE:
An employer who intends to close down an Industrial undertaking wherein 50 workmen or more but less than 100 are employed or were employed during the preceding 12 months has to serve a notice to the Government in "Form Q" atleast 60 days before the date of intended closure stating the reasons for the proposed closure as laid down under Section 25 FFA of the Industrial Disputes Act, 1947. Large scaled industries that have employed 50 workmen or more will have the ID Act applicable.
Forms that ha to be submitted in both cases:
- Form of Notice for permission for retrenchment of workmen to be given by an employer under Clause (c) of Sub-section (1) of Section 25N of the Industrial Disputes Act, 1947 (See Rule 76A(1)) Form PA
- Form of Notice of Closure to be given by an employer under section 25FFA of the I.D. Act, 1947. Form Q.
From India, Visakhapatnam
CLOSURE:
An employer who intends to close down an Industrial undertaking wherein 50 workmen or more but less than 100 are employed or were employed during the preceding 12 months has to serve a notice to the Government in "Form Q" atleast 60 days before the date of intended closure stating the reasons for the proposed closure as laid down under Section 25 FFA of the Industrial Disputes Act, 1947. Large scaled industries that have employed 50 workmen or more will have the ID Act applicable.
Forms that ha to be submitted in both cases:
- Form of Notice for permission for retrenchment of workmen to be given by an employer under Clause (c) of Sub-section (1) of Section 25N of the Industrial Disputes Act, 1947 (See Rule 76A(1)) Form PA
- Form of Notice of Closure to be given by an employer under section 25FFA of the I.D. Act, 1947. Form Q.
From India, Visakhapatnam
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ID ACT SEC.33(A) A BRIEF NOTE.pdf
ID Act.doc