Section 4 in The Industrial Disputes (Rajasthan Amendment) Act, 1984
4. Amendment of Sec. 25-M, Central Act No. 14 of 1947.
- In Sec. 25-M of the principal 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 Sec. 25-K" shall be inserted and for the expression "appropriate 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 subsection (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 by registered post with acknowledgment due.(4)Where an application for permission has been made under subsection (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 sections 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:Provided that where a reference has been made to a Labour Court under this sub-section, it shall pass an award within a period of thirty days from the date of such reference."; and(f)the existing sub-section (5) and (6) shall be re numbered as sub-sections (8) and (9) thereof.
