How to pay Compensation to workmen in case of closing down of undertakings? Section 25FFF of Industrial Disputes Act 1947
25FFF. (1) Where an undertaking is closed down
for any reason whatsoever, every workman who has
been in continuous service for not less than one
year in that undertaking immediately before such
closure shall, subject to the provisions of
sub-section (2), be entitled to notice and
compensation in accordance with the provisions of
section 25F, as if the workman had been retrenched:
Provided that where the undertaking is closed down on account of unavoidable circumstances beyond the control of the employer, the compensation to be paid to the workman under clause (fo) of section 25F shall not exceed his average pay for three months.
51 [Explanation: An undertaking which is closed down by reason merely of-
(i) financial difficulties (including financial losses); or
(ii) accumulation of undisposed of stocks; or
(iii) the expiry of the period of the lease or licence granted to it; or
(iv) in a case where the undertaking is engaged in mining operations, exhaustion of the minerals in the area in which such operations are carried on;
shall not be deemed to be closed down on account of unavoidable circumstances beyond the control of the employer within the meaning of the proviso to this sub-section.
(1A) Notwithstanding anything contained in sub-section (1), where an undertaking engaged in mining operations is closed down by reason merely of exhaustion of the minerals in the area in which such operations are carried on, no workman referred to in that sub-section shall be entitled to any notice or compensation in accordance with the provisions of section 25F, if-
(a) the employer provides the workman with alternative employment with effect from the date of closure at the same remuneration as he was entitled to receive, and on the same terms and conditions of service as were applicable to him, immediately before the closure;
(b) the service of the workman has not been interrupted by such alternative employment; and
(c) the employer is, under the terms of such alternative employment or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation on the basis that his service has been continuous and has not been interrupted by such alternative employment.
(1B) For the purposes of sub-sections (1) and (1A), the expressions "minerals" and "mining operations" shall have the meanings respectively assigned to them in clauses (a) and (d) of section 3 of the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957).
(2) Where any undertaking set up for the construction of buildings, bridges, roads, canals, dams or other construction work is closed down on account of the completion of the work within two years from the date on which the undertaking had been set up, no workman employed therein shall be entitled to any compensation under clause (b) of section 25F, but if the construction work is not so completed within two years, he shall be entitled to notice and compensation under that section for every 54[completed year of continuous service] or any part thereof in excess of six months.
In sub-section (1) of section 25FFF,-
(a) before the existing proviso, the following proviso shall be inserted, namely :-
"Provided that the prior payment of compensation to the workman shall be a condition precedent to the closure of any undertaking";
(b) in the existing proviso, for the words "Provided that", the words "Provided further that" shall be substituted - Andhra Pradesh Act No. 32 of 1987.
In section 25FFF of the principal Act, in sub-section (1),-
(1) before the existing proviso, the following proviso shall
be inserted :-
"Provided that prior payment of compensation to the workmen shall be a condition precedent to the closure of any undertaking;".
(2) in the existing proviso, for the words "Provided that" the words "Provided further that" shall be substituted. - West Bengal Act No. 57 of 1980.
CHAPTER V STRIKES AND LOCK-OUTS
CHAPTER V-A LAY-OFF AND RETRENCHMENT