Section 5 in The Industrial Disputes (Rajasthan Amendment) Act, 1984
5. Amendment of section 25-N, Central Act No. 14 of 1947.
- In section 25-N of the principal Act,-(a)in sub-section (1),-(i)between the expression "this Chapter applies" and the expression, "who has been", the expression "or is applied under sub-section (1-A) of Sec. 25-K" shall be inserted; and(ii)for clause (c), the following clause shall be substituted, namely:-"(c) three months notice in writing stating clearly the reasons for retrenchment it served on the State Government or such authority or may be specified by the State Government by notification in the Official Gazette by registered post with acknowledgment due, and the permission of the State Government or of such authority is obtained under sub-section (2)."(b)for sub-section (2), the following sub-section shall be substituted namely:-"(2) On receipt of a notice under clause (c) of sub-section (1), the State Government or authority, after making such enquiry as it thinks fit, and after giving reasonable opportunity of being heard to the employer, the workman and the office-bearer of the representative union of the concerned industrial establishment, may, having regard to the genuineness and adequacy of the reasons stated by the employer, requirements of industrial peace, prevention of victimization and unfair labour practice, 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, the workman and the office bearer of such representative union."(c)in sub-section (4), the expression "(Amendment) Act, 1976", the expression '(Rajasthan Amendment) Act. 1984", for the expression "(a) of Sec. 25-F", the expression "(c) of sub-section (1)", for the word "appropriate", the word "State" and for the expression "sub-section (2)", the expression "the said clause of the said sub-section" shall respectively be substituted;(d)in sub-section (5) for the word "appropriate", the word "State" shall be substituted;(e)after sub-section (5), the following sub-sections shall be inserted, namely:-"(6) An order of tire State Government or the authority granting or refusing to grant permission shall, subject to the provisions of sub-section (7), be final and binding on all the parties and shall remain in force for one year from the date of such order.(7)The State Government or, as the case may be, the authority may, either on 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 (2) 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 an award within a period of thirty days from the date of such reference."(f)the existing sub-sections (6) and (7) shall respectively be renumbered as sub-section (8) and (9) thereof; and(g)in sub-section (9) as so re numbered,-(i)for the expression "(Amendment) Act, 1976", the expression "(Rajasthan Amendment) Act, 1984" shall be substituted;(ii)the expression "or the Central Government" shall be deleted;(iii)for the words "appropriate", wherever occurring the word "State" shall be substituted; and(iv)for the expression "and any order passed by such authority shall be final and binding on the employer and the workman or workmen", the expression "and such authority while deciding such matter shall proceed to hold the enquiry in the manner and have regard to the matters specified in sub-section (2). Any order passed by such authority shall, subject to review under the proviso to this sub section, be final and binding on the employer and the workman or workmen:Provided that such authority as aforesaid may, either on its own motion or on the application made by the employer or the workman, review the order passed by it under this sub-section or refer the matter to a Tribunal for adjudication and to such reference, the provisions contained in the proviso to sub-section (7) shall, mutatis mutandis, apply", shall be substituted.
