Section 25S of Industrial Disputes Act 1947 - Chapter V-A Provisions Applied to Chapter V-B

Section 25S connected Chapter V-A with Chapter V-B of the Industrial Disputes Act, 1947. It provided that six specified provisions of Chapter V-A - Sections 25B, 25D, 25FF, 25G, 25H and 25J - would, so far as may be, also apply to an industrial establishment governed by Chapter V-B.

Historical legal scope: This article explains Section 25S under the legal position applicable before the Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024. The Bharatiya Sakshya Adhiniyam concerns evidence law and did not itself amend Section 25S. State amendments and the law applicable to the establishment on the relevant date should also be checked.

Text and effect of Section 25S

Section 25S provided that the provisions of Sections 25B, 25D, 25FF, 25G, 25H and 25J in Chapter V-A shall, so far as may be, apply also in relation to an industrial establishment to which Chapter V-B applies.

Which Chapter V-A provisions does Section 25S apply?

Section 25B - Continuous service

Section 25B contains the rules for determining continuous service, including statutory treatment of uninterrupted service and the specified days-of-work tests relevant to Chapter V-A protections.

Section 25D - Muster rolls

Section 25D requires an employer to maintain muster rolls for workmen of an industrial establishment notwithstanding that workmen may have been laid off, and to provide for entries by workmen who present themselves for work at the appointed time during normal working hours.

Section 25FF - Transfer of undertaking

Section 25FF deals with notice and compensation consequences for eligible workmen when ownership or management of an undertaking is transferred, subject to the statutory exception where the prescribed continuity conditions are satisfied.

Section 25G - Procedure for retrenchment

Section 25G embodies the ordinary "last come, first go" rule within the relevant category of workmen, subject to an agreement to the contrary or recorded reasons for departing from that order.

Section 25H - Re-employment

Section 25H gives eligible retrenched workmen an opportunity and preference when the employer proposes to employ persons again, subject to the statutory conditions and prescribed procedure.

Section 25J - Inconsistent laws

Section 25J addresses the effect of inconsistent laws and standing orders in relation to Chapter V-A while preserving more favourable benefits available to a workman under another enactment, award, contract or other instrument.

Meaning of "so far as may be"

Section 25S did not reproduce the six Chapter V-A provisions inside Chapter V-B. Instead, it incorporated them for Chapter V-B establishments to the extent that they could operate consistently with the special Chapter V-B scheme. The particular provision must therefore be read together with Sections 25K to 25R and the facts of the case.

What is a Chapter V-B industrial establishment?

Section 25K determined the application of Chapter V-B, subject to State amendments. Section 25L supplied special definitions for the Chapter, including "industrial establishment" and rules relating to the appropriate Government.

Relationship with Sections 25M, 25N and 25O

Chapter V-B contained special controls concerning lay-off under Section 25M, retrenchment under Section 25N and closure under Section 25O. Section 25S ensured that the expressly listed Chapter V-A provisions also formed part of the legal framework for establishments governed by Chapter V-B.

Rajasthan amendment to Section 25S

The source page records that Rajasthan Act No. 8 of 1984 added, after the expression referring to an industrial establishment to which the provisions of Chapter V-B apply, the words "or are applied under sub-section (1A) of section 25K". The amendment therefore extended Section 25S to establishments brought within Chapter V-B through that Rajasthan provision.

Gujarat Section 25SS - Effect of other laws

The source page records that Gujarat Act No. 20 of 1984 inserted Section 25SS after Section 25S. The provision was titled "Removal of doubt as to effect of other laws."

Section 25SS declared, notwithstanding anything contained in another law then in force in Gujarat providing for settlement of industrial disputes, that the rights and liabilities of employers and workmen in relation to closure would be determined in accordance with Chapter V-B.

Practical checklist for Section 25S

Identify whether Chapter V-B applied to the industrial establishment under Section 25K and the applicable State amendment.
Check the Chapter V-B definition provisions in Section 25L.
Identify which of the six incorporated provisions - 25B, 25D, 25FF, 25G, 25H or 25J - is relevant to the dispute.
Apply that provision "so far as may be" consistently with the special Chapter V-B scheme.
For retrenchment, read Section 25G together with the special conditions in Section 25N.
For transfer of an undertaking, examine Section 25FF and the applicable continuity and compensation conditions.
For re-employment following retrenchment, examine Section 25H.
For Rajasthan, check whether Chapter V-B was applied under the State amendment to Section 25K.
For Gujarat closure disputes, examine the effect of State Section 25SS.
Verify subsequent Central and State amendments applicable on the relevant historical date.

Related Chapter V-B provisions

Section 25Q prescribed penalties relating to lay-off and retrenchment, while Section 25R prescribed penalties relating to closure and specified Section 25P directions.

Official legal resources

Central legislation can be checked through the India Code portal. Labour legislation, rules and notifications may also be checked through the Ministry of Labour and Employment. State amendments should be verified from the competent State Government or State Gazette source.