25F. Conditions precedent to retrenchment of workmen.
- 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:[* * *] [ Proviso omitted by Act 49 of 1984, Section 32 (w.e.f. 18.8.1984).](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 continuous service] [ Substituted by Act 36 of 1964, Section 14, for " for every completed year of service" (w.e.f. 19.12.1964).] or any part thereof in excess of six months; and(c)notice in the prescribed manner is served on the appropriate Government [or such authority as may be specified by the appropriate Government by notification in the Official Gazette.] [ Inserted by Act 36 of 1964, Section 14 (w.e.f. 19.12.1964).][25-FF. Compensation to workmen in case of transfer of undertakings. [ Substituted by Act 18 of 1957, Section 3, for Section 25-FF(w.e.f. 28.11.1956). Section 25-FF was originally inserted by Act 41 of 1956, Section 3.]- Where the ownership or management of an undertaking is transferred, whether by agreement or by operation of law, from the employer in relation to or that undertaking to a new employer, every workman who has been in continuous service for not less than one year in that undertaking immediately before such transfer shall be entitled to notice and compensation in accordance with the provisions of section 25-F, as if the workman had been retrenched:Provided that nothing in this section shall apply to a workman in any case where there has been a change of employers by reason of the transfer, if-(a)the service of the workman has not been interrupted by such 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 new employer is, under the terms of such transfer or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compen-sation on the basis that his service has been continuous and has not been interrupted by the transfer.]
