Section 5 in The Industrial Disputes (West Bengal Amendment) Act, 1989
5. Amendment of section 25-0.
- In section 25-0 of the principal Act,-(a)in sub-section (1), after the first proviso, the following proviso shall be inserted :-"Provided further that every application for permission to close down an undertaking shall, having regard to the first proviso to section 25FFF, contain the particulars of the quantum, mode, manner and time of payment of compensation to the workmen, in the manner prescribed, and such employer shall furnish such guarantee as may be required by the appropriate Government to discharge his liability for payment of compensation and other statutory dues to the workmen in the event of such permission being granted under sub-section (2) or deemed to have been granted under sub-section (3).";(b)after sub-section (1), the following sub-section shall be inserted :-"(1A) Where an application for permission has been made under sub-section (1), the appropriate Government may, having regard to the reasons adduced in such application and the interests of the undertaking and the concerned workmen, issue such directions as may be necessary for maintaining normalcy and continuity of work during the notice period.";(c)to sub-section (6), the following Explanation shall be added :-Explanation. - "Benefits under any law" shall include benefits under any contract, agreement, award or settlement under any law';.(d)after sub-section (7), the following sub-section shall be inserted :-"(7A) Every order of the appropriate Government under sub-section (7) shall indicate, for reasons to be recorded, the extent to which compensation computed under sub-section (8) shall be payable in the case, having regard to the facts and circumstances of the same and for securing such payment, the appropriate Government may obtain such information and guarantee specified in the second proviso to sub-section (1) as may be considered necessary.".(e)in sub-section (8), after the words "shall be entitled to receive", the words and brackets "in addition to all legal dues, (including gratuity)," shall be inserted.
