What is the Right of workmen laid off for compensation? Section 25Cof Industrial Disputes Act 1947
25C. Whenever a workman (other than a badli
workman or a casual workman) whose name is borne on
the muster rolls of an industrial establishment and
who has completed not less than one year of
continuous service under an employer is laid off,
whether continuously or intermittently, he shall be
paid by the employer for all days during which he is
so laid off, except for such weekly holidays as may
intervene, compensation which shall be equal to
fifty per cent of the total of the basic wages and
dearness allowance that would have been payable to
him had he not been so laid off :
Provided that if during any period of twelve months, a workman is so laid-off for more than forty-five days, no such compensation shall be payable in respect of any period of the lay-off after the expiry of the first forty-five days, if there is an agreement to that effect between the workman and the employer:
Provided further that it shall be lawful for the employer in any case falling within the foregoing proviso to retrench the workman in accordance with the provisions contained in section 25F at any time after the expiry of the first forty-five days of the lay-off and when he does so, any compensation paid to the workman for having been laid-off during the preceding twelve months may be set off against the compensation payable for retrenchment.
Explanation : "Badli workman" means a workman who is employed in an industrial establishment in the place of another workman whose name is borne on the muster rolls of the establishment, but shall cease to be regarded as such for the purposes of this section, if he has completed one year of continuous service in the establishment.
In section 25C
(a) after the words "had he not been so laid of;" the following proviso shall be inserted, namely:-
"Provided that, where the lay off is on account of discontinuance or reduction of the supply of power to the industrial establishments for contravention of any provisions of the Bombay Electricity (Special Powers) Act, 1946 (Bom. XX of 1946), or of any orders or directions issued thereunder, the compensation payable to the workman shall be equal to hundred per cent of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid off:';
(b) in the existing first proviso, for the words "Provided that" the words 'Provided further that" shall be substituted;
(c) in the existing second proviso, for the words "Provided
further that" the words "Provided also that" shall be
substituted. - Maharashtra Act No. 22 of 1981.
In section 25C, the second proviso shall be omitted - West Bengal Act No. 57 of 1980.
CHAPTER V STRIKES AND LOCK-OUTS
CHAPTER V-A LAY-OFF AND RETRENCHMENT