Amendment status not verified — confirm the current text below against the official source.
Subs. by Act 49 of 1984, s. 4, for sub-sections (2) to (5) (w.e.f. 18-8-1984). 44 workmen had been laid-off and the workmen shall be entitled to all the benefits under any law for the time being in force as if they had not been laid-off. (9) Notwithstanding anything contained in the foregoing provisions of this section, the appropriate Government may, if it is satisfied that owing to such exceptional circumstances as accident in the establishment or death of the employer or the like, it is necessary so to do, by order, direct that the provisions of sub-section (1), or, as the case may be, sub-section (3) shall not apply in relation to such establishment for such period as may be specified in the order.] 1[(10)] The provisions of section 25C (other than the second proviso thereto) shall apply to cases of lay-off referred to in this section. Explanation.—For the purposes of this section, a workman shall not be deemed to be laid-off by an employer if such employer offers any alternative employment (which in the opinion of the employer does not call for any special skill or previous experience and can be done by the workman) in the same establishment from which he has been laid-off or in any other establishment belonging to the same employer, situate in the same town or village, or situate within such distance from the establishment to which he belongs that the transfer will not involve undue hardship to the workman having regard to the facts and circumstances of his case, provided that the wages which would normally have been paid to the workman are offered for the alternative appointment also. STATE AMENDMENT Rajasthan Amendment of section 25-M, Central Act No. 14 of 1947.- In section 25-M of the principle Act,- (a) in sub-section (1), between the expression “this Chapter applies” and the expression “shall be laid off", the expression “or is applied under sub-section (1-A) of section 25-k” shall be inserted and for the expression “apropriate Government”, the expression “State Government" shall be substituted; (b) in sub-section (2), for the expression “(Amendment) Act, 1976” the expression “(Rajasthan Amendment) Act, 1984” shall be substituted; (c) for the existing sub-section (3), the following sub-sections shall be substituted, namely:- “(3) In the case of every application for permission under sub-section (1) or sub-section (2), the employer shall state clearly the reasons due to which he intends to lay off or continue the lay off of a workman and a copy of such application shall be served on the workman Intended to be laid off or continued to be laid off by registered post with acknowledgment due. (4) Where an application for permission has been made under sub-section (1) or sub-section (2), the authority to whom the application has been made, after making such enquiry as it thinks fit and after giving reasonable opportunity of being heard to the employer and the workman, may, having regard to the genuineness and adequacy of the reasons stated by the employer, the terms of contract of service and the standing orders governing the establishment, by order and for reasons to be recorded in writing grant or refuse to grant such permission and such order shall be communicated to the employer and the workman.”; (d) the existing sub-section (4) shall be re-numbered as sub-section (5) thereof; (e) after sub-section (5) as so re-numbered the following sub-section shall be inserted, namely:- "(6) An order of the authority specified under sub-section (1) granting or refusing to grant permission shall, subject to the provisions of sub-section (7), be final and binding on both the parties. (7) The authority specified under sub-section (1) may, either of its own motion or on the application made by the employer or the workman , review its order granting or refusing to grant permission under sub-section (4) or refer the matter to the Labour Court having jurisdiction for adjudication: