Section 25R - Penalty for closure : Industrial Disputes Act 1947

What is Penalty for closure? Section 25R of Industrial Disputes Act 1947

Section 25R of Industrial Disputes Act 1947 : "Penalty for closure"

25R. (1) Any employer who closes down an undertaking without complying with the provisions of sub-section (1) of section 25-O shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

(2) Any employer, who contravenes 65[an order refusing to grant permission to close down an undertaking under sub-section (2) of section 25-O or a direction given under section 25P ] shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and where the contravention is a continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction.

STATE AMENDMENTS

MADHYA PRADESH
In section 25R,-
(a) for sub-section (2), the following sub-section shall be substituted, namely:-

"Any employer, who contravenes an order refusing to grant permission to close down an undertaking under sub-section (2) of section 25-O or a direction given under section 25-P, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and where the contravention is a continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction;"

(b) sub-section (3) shall be omitted - Madhya Pradesh Act No. 32 of 1983.

MAHARASHTRA
For section 25R, the following section shall be substituted, namely :-
"25R. Penalty for closure.-(1) Any employer who closes down an undertaking without complying with the provisions of sub-section (1) of section 25-O shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both.

(2) Any employer who contravenes a direction given under sub-section (2) of section 25-O or section 25P shall, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and where the contravention is a continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction.' - Maharashtra Act No. 3 of 1982.

ORISSA
In section 25R,-
(a) in sub-section (2), for the words, brackets, figures and letters "a direction given under sub-section (2) of section 25-O or section 25P", the words, brackets, figures and letters "an order refusing to grant permission to close down an undertaking under sub-section (2) of section 25-0 or a direction given under section 25P" shall be substituted ;

(b) sub-section (3) shall be omitted - Orissa Act No. 6 of 1983.

RAJASTHAN
In section 25R-
(a) for sub-section (2), the following sub-section shall be substituted, namely:-

"(2) Any employer, who contravenes an order refusing to grant permission to close down an undertaking under sub-section (2) of section 25-0 or a direction given under section 25P, shall be punishable with an imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and where the contravention is a continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction."; and

(b) sub-section (3) shall be omitted - Rajasthan Act No. 8 of 1984.

INDUSTRIAL DISPUTES ACT 1947

Section 25FF - Compensation to workmen in case of transfer of undertakings

Section 25FFA - Sixty days' notice to be given of intention to close down any undertaking

Section 25FFF - Compensation to workmen in case of closing down of undertakings

Section 25G - Procedure for retrenchment

Section 25H - Re-employment of retrenched workmen

Section 25I - Recovery of moneys due from employers under this Chapter (omitted)

Section 25J - Effect of-laws Inconsistent with this Chapter

Section 25K - Application of Chapter V-B

Section 25L - Definitions

Section 25M - Prohibition of lay-off