ID Act 7

Section 7 · Substitution of Sec. 25-P, Central Act No. 14 of 1947

- For Sec. 25-P of the principal Act, the following section shall be substituted namely:-"25-P. Special provision as to restarting of undertaking closed down before commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984. - (1) Where the undertaking of an industrial establishment to which this Chapter applies had been closed down before the commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984 and the State Government, after giving reasonable opportunity of being heard to the employer, workmen and the office-bearer of the representative union of the concerned industrial establishment and after making such enquiry as it thinks fit, is satisfied that-(a)such undertaking was closed down otherwise than on account of unavoidable circumstances beyond the control of the employer;(b)there are possibilities of restarting the undertaking;(c)it is necessary for the rehabilitation of the workmen employed in such undertaking before its closure or for the maintenance of supplies and services essential to the life of the community or both to restart the undertaking; and(d)the restarting of the undertaking will not result in hardship to the employer in relation to the undertaking;it may direct, by order published in the Official Gazette, that the undertaking shall be restarted within such time (not being less than one month from the date of the order) as may be specified in the order.

(2)

An order of the State Government directing the restarting of the undertaking under sub-section (1) shall, subject to the provisions of sub-section (3), be final and binding on all the parties.

(3)

The State Government may either on its own motion or on the application made by the employer and after giving to such employer, the workmen and the office-bearer of the representative union of the connected industrial establishment an opportunity of being heard, review its order directing the restarting of the undertaking 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 sixty days from the date of such reference and pending award by the Tribunal, the undertaking shall continue to remain restarted".

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