Compensation to workmen in case of closing down of undertakings.-
Where an undertaking is closed down for any reason whatsoever, every workman who has been in continuous service for 1. Ins. by Act 32 of 1972, s. 2 w. e. f. 14- 6- 1972 . 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 b of section 25F shall not exceed his average pay for three months. 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.
Subs. by Act 45 of 1971, s. 4, for the original Explanation w. e. f. 15- 12- 1971 . 2. Ins. by s. 4, ibid. w. e. f. 15- 12- 1971 .
financial difficulties including financial losses or
accumulation of undisposed of stocks or
the expiry of the period of the lease or licence granted to it or
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. 1. Subs. by Act 45 of 1971, s. 4, for the original Explanation w. e. f. 15- 12- 1971 . 2. Ins. by s. 4, ibid. w. e. f. 15- 12- 1971 .
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. 1. Subs. by Act 45 of 1971, s. 4, for the original Explanation w. e. f. 15- 12- 1971 . 2. Ins. by s. 4, ibid. w. e. f. 15- 12- 1971 .
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 .
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 completed year of continuous service or any part thereof in excess of six months.