Bare ActsThe Haryana Essential Services Maintenance Act, 1974 (40 of 1974)

Section 5

Amendment status not verified — confirm the current text below against the official source.

(1) Any person engaged In any employment or class of employment to which this Act applies, who— (a) disobeys any lawful order given to him In the course of such em- ployment ; (b) without reasonable excuse abandons such employment or absents himself from work ; or Offences. 866 HARYANA GOVT GAZ. (EXTRA.), DECEMBER 16, 1914 (AGRAHAYANA 25, 1896 SAKA) .96 (c) departs from any area specified in an order made under sub -section (/) of section 4 without the consent of the authority making the order ; shall be guilty of an offence under this Act. Explanation 1.--Thc fact that a person apprehends that by continuing In his employment he will be exposed to increased physical danger is not a reasonable excuse within the meaning of clause (b). Explanation 2.--A person abandons his employment within the meaning of clause (b) Who,altwithstanding that it is an express or implied term of his contract of employment that he may get his employment terminated on giving notice to his employer of his intention to do so, abandons his employment without the previous consent of his employer. (2) Any employer of a person engaged in an employment or class of employment declared under section 3 to be an employment to Which this Act applies, who without reasonable cause— (a) discontinues the employment of such person ; or (b) by closing an establishment in which such person is engaged causes the discontinuance of his employment; shall be guilty of an offence under this Act. Regulation

Section 5 – The Haryana Essential Services Maintenance Act, 1974 (40 of 1974) | DailyLaw.ai