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Act 1947
• ‘AWARD’ [Sec 2(b)]- means an interim or final determination of any
industrial dispute or of any question relating thereto by any Labour
Court, Industrial Tribunal or National Tribunal. The ‘award’ is required
to be published by State/Central Government within 30 days.
[section 17]. The award becomes effective 30 days after its
publication. [section 17A].
Lay off’ means not giving employment within two hours after reporting to work. - - Lay off can be
for half day also. In such case, worker can be asked to come in second half of the shift. [section
2(kkk)].
Essentials are:
– there must be (i) failure, (ii) refusal or (iii) inability of the employer to give employment to a
workman,
– names of the workmen laid off must be on the muster rolls of the industrial establishment
on the date on which they have been laid off,
– the failure, refusal or inability of the employer to give employment must be on account of
the following reasons:
• shortage of coal,
• shortage of power,
• shortage of raw materials,
• accumulation of stocks
• breakdown of machinery;
• natural calamity or for any connected reasons.
• ‘Retrenchment’- means termination by the employer of service of a workman for any
reason, other than as a punishment inflicted by a disciplinary action. ‘Retrenchment’
means discharge of surplus labour or staff by employer. It is not by way of punishment.
The retrenchment should be on basis of ‘last in first out’ basis in respect of each
category, i.e. junior-most employee in the category (where there is excess) should be
retrenched first. [section 25G]. If employer wants to re-employer persons, first
preference should be given to retrenched workmen. [section 25H].
• Essentials are:
– there must be termination of services by the employer of the workmen,
– It must be on the grounds of surplus labour,
– The terminated service must have been capable of being continued,
– It may be for any reason but not by any motive of victimisation or any unfair
labour practice,
– It must be for surplus labour in a continuous industry,
– It must be for reasons such as rationalisation of industry, installation of new labour
saving machinery, economy or any other trade reason,
– The termination of service must not fall within the exclusion clause of the
definition, such as voluntary retirement, retirement on reaching the age of
superannuation termination on the ground of continuous ill-health.