Amendment status not verified — confirm the current text below against the official source.
Subs. by section 6 ibid. [The United Provinces Industrial Disputes Act, 1947] [Section 6K-6L] Act No. 63 of 1948 Act No. 25 of 1952 Act No. 69 of 1951 (b) to industrial establishments which are or a seasonal character or in which work is performed only intermittently. (2) If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the State Government thereon shall be final. Explanation-- In this section and in sections 6-K, 6-L and 6-M “industrial establishment” means- -- (i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948, or (ii) a mine as defined in clause (j) of section 2 of the Mines Act, 1952; or (iii) a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951. Right of 6- (1) Whenever a workman (other than a substitute or a casual workman) 89 workmen laid-off for compensatio n K whose name is borne on the muster rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer is laid-off, he shall be paid by the employer for all days during which he is so laid off, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid-off : Provided that the compensation payable to a workman during any period of twelve months shall not be for more than forty-five days. (2) Notwithstanding anything contained in the proviso to sub-section (1), if during any period of twelve months, a workman is laid-off for more than forty-five days, whether continuously or intermittently and the lay- off after the expiry of the first forty five days comprises continuous periods of one week or more, the workman shall, unless there is any agreement to the contrary between him and the employer, be paid, for all the days comprised in every such subsequent period of lay-off for one week or more, compensation at the rate specified in sub-section (1): Provided that it shall be lawful for the employer in any case falling within this sub-section to retrench the workman in accordance with the provisions contained in section 6-N at any time after the expiry of the first forty-five days of lay-off and when he does so, any compensation paid to the workman for having been laid-off during the preceding twelve months may be set-off against the compensation payable for retrenchment. Explanation-- "Substitute workman" means a workman who is employed in an industrial establishment in the place of another workman whose name is borne on the muster rolls of the establishment, but shall cease to be regarded as such for the purposes of this section, if he has completed one year of continuous service in the establishment. Duty of an employer to maintain muster rolls of workmen 6- L Notwithstanding that workman in any industrial establishment have been laid-off, it shall be the duty of every employer to maintain for the purposes of sections 6-J to 6-R a muster roll, and to provide for the making of entries therein by workmen who may present themselves for work at the establishment at the appointed time during normal working hours. [The United Provinces Industrial Disputes Act, 1947] [Section 6M-6O] Workmen not entitled to compensation in certain cases 6-M No compensation shall be paid to a workman who has been laid-off-- (i) if he refuses to accept any alternative employment 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 a radius of five miles from the establishment to which he belongs, if, in the opinion of the employer, such alternative employment does not call for any, special skill or previous experience and can be done by the workman, provided that the wages which would normally have been paid to the workman are offered for the alternative employment also ; 90 (ii) if he does not present himself for work at the establishment at the appointed time during normal working hours at least once a day ; (iii) if such laying-off is due to a strike or slewing down of production on the part of workmen in another part of the establishment. Conditions precedent to retrenchment of workmen 6- N No workman employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until- (a) the workman has been given one month's notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the workman has been paid in lieu of such notice, wages for the period of the notice : Provided that no such notice shall be necessary if the retrenchment is under an agreement which specifies a date for the termination of service; (b) the workman has been paid, at the time of retrenchment compensation which shall be equivalent to fifteen days average pay for every completed year of service or any part thereof in excess of six months; and (c) notice in the prescribed manner is served on the State Government. special provisions relating to workmen employed in undertakings which are transferred 6- O Notwithstanding anything contained in section 6-N no workman shall be entitled to compensation under that section by reasons merely of the fact that there has been a change of employers in any case where the ownership or management of the undertaking in which he is employed is transferred, whether by agreement or by operation of law, from one employer to another: Provided that- (a) the service of the workman has not been interrupted by reasons of the transfer , (b) the terms and conditions of service applicable to the workman after such transfer are not in any way less favourable to the workman than those applicable to him immediately before the transfer; and (c) the employer to whom the ownership or management of the undertaking is so transferred. is, under the terms of the transfer 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 the transfer. [The United Provinces Industrial Disputes Act, 1947] [Section 6P-6S] Procedure for retrenchment 6-P Where any workman in an industrial establishment, who is a citizen of India, is to be retrenched and he belongs to a particular category of workmen in that establishment, in the absence of any agreement between the employer and the workman in this behalf, the employer shall ordinarily 91 retrench the workman who was the last person to be employed in that category, unless for reasons to be recorded the employer retrenches any other workman. Re- employment of retrenched workmen 6- Q Where any workmen are retrenched, and the employer proposes to take into his employ any persons, he shall, in such manner as may be prescribed, give an opportunity to the retrenched workmen to offer themselves for re-employment, and the retrenched workmen who offer themselves for re-employment shall have preference over other persons. Effect of laws inconsistent with sections 6-J to 6-Q Act XX of 1946 Act XI of 1948 6- R (1) The provisions from sections 6-J to 6-Q shall have effect notwithstanding anything inconsistent therewith contained in any other law (including Standing Orders) made under the Industrial Employment (Standing Orders) Act, 1946; Provided that nothing contained in this Act shall have effect to derogate from any right which a workman has under the Minimum Wages Act, 1948, or any notification or order issued thereunder or any award for the time being in operation or any contract with the employer. (2) For the removal of doubts, it is hereby declared that nothing contained in sections 6-J to 6-R shall be deemed to affect the provision of any other law for the time being in force so far as that law provides for the settlement of industrial disputes, but the rights and liabilities of employers and workmen in so far as they relate to lay-off and retrenchment shall be determined in accordance with the provisions of sections 6-J to 6-Q.]1 2[Prohibition of illegal strikes and lock-outs 6- S (1) No person employed in an industrial establishment shall go on strike -- (a) without giving to the employer a notice of strike within thirty days before striking ; or (b) within fourteen days of giving such notice ; or (c) before the expiry of the date of strike specified in any such notice as aforesaid; or (d) during the pendency of any conciliation proceeding before a Conciliation Officer or Board and thirty days after the conclusion of such proceeding, if he is concerned in the dispute which is the subject-matter of such proceeding; or (e) between the commencement-and the conclusion of proceeding before a Labour Court or a Tribunal if he is concerned in the dispute which is the subject-matter of such proceeding ; or