Industrial Dispute Act section 25A to 25E and part V-B
Pankaj
(Querist) 26 March 2011
This query is : Resolved
Dear all,
If a company having less than 50 workman working in it, planning to lay off its workmens, what procedure it must follow?
whether there is no compliance required under Industrial Dispute Act?
If a workmen drawing more than Rs. 10,000/- (he is not a superviser rather he is working on shop floor) is covered under the act for counting number of workmen for lay-off
Waiting for your inputs on this,
Thanks
H. S. Thukral
(Expert) 26 March 2011
No prior approval of appropriate govt is required. salary is not consideration in the definition of workman. He will be counted in the number.
Vijayan Balakrishnan
(Expert) 27 March 2011
I agree with the learned Expert.
THE INDUSTRIAL DISPUTES ACT, 1947, does not stipulate any remuneration limit of workmen in case of LAY-OFF AND RETRENCHMENT in those companies with less tha n50 workmen on an average in thelast preceding working day. However, a workman's continuous service is reckoned. So a workmen drawing more than Rs. 10,000/- is also covered under the act while counting number of workmen working in a factory before lay-off whether or not he is working as a supervisor.
Kirti Kar Tripathi
(Expert) 27 March 2011
In the present case no prior approval of the appropriate government is required but under the Act prior affecting lay off. So far as your question whether a workmen drawing more than Rs. 10,000/- (he is not a superviser rather he is working on shop floor) is covered under the act for counting number of workmen for lay-off is concerned. The answer is "Yes"
Pankaj
(Querist) 28 March 2011
Dear All,
Thanks for the kind guidance on above subject. Further to my previouse query I have further query:
Whether company havining less than 50 workmen notices of commencement and termination of such lay- off in Forms O-1 and O-2 respectively needs to be given to appopriate authority?
And no approval of of appropriate government is required for lay off when company has less tahn 100 workmens?
Kirti Kar Tripathi
(Expert) 29 March 2011
No, it is not mandatory, in case workmen are less than 100.
Pankaj
(Querist) 29 March 2011
Thnaks Sir, One last query on above subject
If a company having less than 50 workman working in it, planning to lay off its workmens, what procedure it must follow?
Whether company havining less than 50 workmen notices of commencement and termination of such lay- off in Forms O-1 and O-2 respectively needs to be given to appopriate authority?
Kindly guide me on this please....
