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Section 25E - Workmen not entitled to compensation in certain cases : Industrial Disputes Act 1947

Is Workmen not entitled to compensation in certain cases? Section 25E of Industrial Disputes Act 1947
 

 

 

Section 25E of Industrial Disputes Act 1947 : "Workmen not entitled to compensation in certain cases"

25E. No compensation shall be paid to a workman who has been laid off-

(i) if he refuses to accept any alternative employment in the same establishment from which he has been laid off, or in any other establishment belonging to the same employer situate in the same town or village or situate within a radius of five miles from the establishment to which he belongs, if, in the opinion of the employer, such alternative employment does not call for any special skill or previous experience and can be done by the workman, provided that the wages which would normally have been paid to the workman are offered for the alternative employment also;

(ii) if he does not present himself for work at the establishment at the appointed time during normal working hours at least once a day;
(iii) if such laying off is due to a strike or slowing-down of production on the part of workmen in another part of the establishment.

STATE AMENDMENTS

WEST BENGAL
In section 25E after clause (ii), the following proviso shall be inserted :-

"Provided that where lay off extends beyond seven days at a stretch the workman may be required to present himself only once in a week;" - West Bengal Act No. 57 of 1980.

 

INDUSTRIAL DISPUTES ACT 1947

Section 14 - Duties of Courts

Section 15 - Duties of Labour Courts, Tribunals and National Tribunals

Section 16 - Form of report or award

Section 17 - Publication of reports and awards

Section 17A - Commencement of the award

Section 17B - Payment of full wages to workman pending proceedings in higher courts

Section 18 - Persons on whom settlements and awards are binding

Section 19 - Period of operation of settlements and awards

Section 20 - Commencement and conclusion of proceedings

Section 21 - Certain matters to be kept confidential

 

 

CHAPTER V STRIKES AND LOCK-OUTS

Section 22 - Prohibition of strikes and lock-outs

Section 23 - General prohibition of strikes and lock-outs

Section 24 - Illegal strikes and lock-outs

Section 25 - Prohibition of financial aid to illegal strikes and lock-outs

CHAPTER V-A LAY-OFF AND RETRENCHMENT

Section 25A - Application of sections 25C to 25E

Section 25B - Definition of continuous service

Section 25C - Right of workmen laid off for compensation

Section 25D - Duty of an employer to maintain muster rolls of workmen

Section 25E - Workmen not entitled to compensation in certain cases

Section 25F - Conditions precedent to retrenchment of workmen

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