Section 6 in The Industrial Disputes (West Bengal Amendment) Act, 1989
6. Substitution of new section for section 25P.
- For section 25P of the principal Act, the following section shall be substituted :-"25P. Special provision as to re-starting of the undertaking closed down before the commencement of the Industrial Disputes (West Bengal Second Amendment) Act, 1986. - (1) If the appropriate Government is of opinion in respect of any undertaking of an industrial establishment to which this Chapter applies and which is closed down before the commencement of the Industrial Disputes (West Bengal Second Amendment) Act, 1986, -(a)that such undertaking was closed down otherwise than on account of unavoidable circumstances beyond the control of the employer,(b)that there are possibilities of re-starting the undertaking,(c)that it is necessary for the rehabilitation of the workmen employed in such undertaking before its closure or for the maintenance of supplies and services essential to the life of the community to re-start the undertaking or both, and(d)that the re-starting of the undertaking shall not result in hardship to the employer in relation to the undertaking, it may, after giving such employer and the workmen an opportunity of being heard, direct, by order published in the Official Gazette, that the undertaking shall be re-started within such time (not being less than one month from the date of the order) as may be specified in the order.(2)Notwithstanding anything contained in sub-section (1) the appropriate Government may, either on its own motion or on the application made by the employer and after giving the employer and the workmen an opportunity of being heard, review its order under sub-section (1) or refer the matter to a Tribunal for adjudication:Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an award within a period of sixty days from the date of such reference and, pending such award, the undertaking shall not be closed down.".
