ID Act 8

धारा 8 · Insertion of new Sec. 25-PP, Central Act No. 14 of 1947

- After Sec. 25-P of the principal Act as to substituted, (he following new Section shall be added, namely:-"25-PP. Special provision as to reinstatement of workmen retrenched before the commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984.- (1) Notwithstand any award or order of a Tribunal or any judgment, order or direction of any Court upholding the validity of retrenchment of any workman employed in any industrial establishment to which this Chapter applies who is retrenched at any time during six months immediately, before the commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984, the State Government shall, either on its own motion or on the application made by any such retrenched workman or by the office-bearer of the representative union of the concerned industrial establishment, examine the validity of retrenchment of such workman and if, after making such enquiry as it thinks fit and after giving reasonable opportunity of being heard to the employer, the retrenched workman, or, as the case may be to such office-bearer, it is satisfied that-(a)the retrenchment of the workman was without genuine or adequate reasons;(b)the retrenchment was by way of victimization and unfair labour practice; and(c)the reinstatement of the workman is required for maintaining industrial peace in the industrial establishment,it shall, by order and for reasons to be recorded in writing, direct the employer to reinstate the retrenched workman within such time as may be specified in the order and it is not so satisfied it shall by such reasoned order uphold the validity of retrenchment of the workman and shall communicate its order to the employer and the workman.

(2)

An order of the State Government under sub-section (1), subject to the order passed by it as a result of review under sub-section (3) and where a reference has been made by it to a Tribunal under the said sub-section, subject to the award passed by the Tribunal, shall be final and binding on the employer and the workman.

(3)

The State Government may, either on its own motion or on the application made by the employer or the retrenched workmen, review its order directing reinstatement of the retrenched workman or, as the case may be, the order up-holding the validity of retrenchment of the workman under sub-section (1) or refer the matter to a Tribunal for adjudication:Provided that where a reference has been made to a Tribunal under this sub-section it shall pass an award within a period of thirty days from the date of such reference.".

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