Essay on the topic lay-off and retrenchment under industrial dispute act
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“Lay-off” (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materialsor the accumulation of stocks or the breakdown of machinery [or natural calamity or for any other connected reason] to give employment to a workman whose name is borne on the musterrolls of his industrial establishment and who has not been retrenched.
Definition of Retrenchment (Section 2(oo))-
“Retrenchment” means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but doesn't include-
(a) Voluntary retirement of the workman; or
(b) Retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or [(bb) termination of the service of the workman as a result of the on-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or]
(c) Termination of the service of a workman on the ground of continued ill-health;]
Definition of Closure (Section 2(cc))-
“Closure” means the permanent closing down of a place of employment or part thereof;
Under Section 25-K of Industrial Disputes Act, 1947 the application of Chapter V-B dealing with special provisions relating to lay-off, retrenchment and closure is mentioned. The provision mentions the area where the Chapter V-B of the Industrial Disputes Act, 1947 applies.
lay-off, retrenchment and closure under Industrial Disputes Act
Chapter V-B was added in the Industrial Disputes Act, 1947 through amendment under Article 32 of the Constitution. This chapter deals with the special provisions relating to lay-off, retrenchment and closure in certain establishments.
Chapter V-B was added in the Industrial Disputes Act, 1947 through amendment under Article 32 of the Constitution. This chapter deals with the special provisions relating to lay-off, retrenchment and closure in certain establishments.
Special Provisions relating to lay-off, retrenchment and closure under Industrial Disputes Act.
Chapter V-B was added in the Industrial Disputes Act, 1947 through amendment under Article 32 of the Constitution. This chapter deals with the special provisions relating to lay-off, retrenchment and closure in certain establishments. Chapter V-B includes Section 25-K to Section 25-S of the Industrial Disputes Act, 1947. Definitions of lay-off, retrenchment and closure under Industrial Dispute Act, 1947 are as under:
Definition of Lay off (Section 2(kkk))-
“Lay-off” (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materialsor the accumulation of stocks or the breakdown of machinery [or natural calamity or for any other connected reason] to give employment to a workman whose name is borne on the musterrolls of his industrial establishment and who has not been retrenched.
Definition of Retrenchment (Section 2(oo))-
“Retrenchment” means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but doesn't include-
(a) Voluntary retirement of the workman; or
(b) Retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or [(bb) termination of the service of the workman as a result of the on-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or]
(c) Termination of the service of a workman on the ground of continued ill-health;]
Definition of Closure (Section 2(cc))-
“Closure” means the permanent closing down of a place of employment or part thereof;
Application of Chapter V-B of Industrial Disputes Act, 1947-
Under Section 25-K of Industrial Disputes Act, 1947 the application of Chapter V-B dealing with special provisions relating to lay-off, retrenchment and closure is mentioned. The provision mentions the area where the Chapter V-B of the Industrial Disputes Act, 1947 applies.
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Answer:
“Lay-off” (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materialsor the accumulation of stocks or the breakdown of machinery [or natural calamity or for any other connected reason] to give employment to a workman whose name is borne on the musterrolls of his industrial establishment and who has not been retrenched.
Definition of Retrenchment (Section 2(oo))-
“Retrenchment” means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but doesn't include-
(a) Voluntary retirement of the workman; or
(b) Retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or [(bb) termination of the service of the workman as a result of the on-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or]
(c) Termination of the service of a workman on the ground of continued ill-health;]
Definition of Closure (Section 2(cc))-
“Closure” means the permanent closing down of a place of employment or part thereof;
Application of Chapter V-B of Industrial Disputes Act, 1947-
Explanation: