The Government of Jharkhand vide notification dated December 26, 2017 has issued the Industrial Disputes (Jharkhand Amendment) Act, 2016 amending the Industrial Disputes Act, 1947.It shall extend to the whole of the State of Jharkhand. It shall come into force with effect from the date of publication in official Gazette.
The Key Highlights of the amendment are as follows:-
· Section 25F which deals with conditions precedent to retrenchment of workmen is amended as under-
i. In Clause (a) new Proviso shall be inserted which reads as-. Provided that in such industrial establishments where more than fifty workmen have been employed on an average per working day in preceding twelve months , the workman has been given forty five days’ notice in writing indicating the reasons for retrenchment and the period of notice has expired.
ii. In Clause (b) new Proviso shall be inserted which reads as-
“Provided that in such industrial establishments where more than fifty and less than three hundred workmen have been employed on an average per working day in preceding twelve months, the workman shall be paid at the time of retrenchment, compensation which shall be equivalent to forty five days average pay for every completed year of continuous service or any part thereof in excess of six months.”
· Sec.25Kwhich deals with Application of Chapter V-B (special provisions relating to lay-off, retrenchment and closure in certain establishments)is amended as under-
i. The provisions of this Chapter shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than three hundred workmen were employed on an average per working day for the preceding twelve months.
ii. Without prejudice to the provisions of sub-section (1), the State Government may, if satisfied that maintenance of industrial peace or prevention of victimization of workmen so requires by notification in the Official Gazette apply the provisions of this Chapter to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which such number of workmen which may be less than three hundred but not less than one hundred as may be specified in the notification were employed on an average per working day for the preceding twelve months.
iii. If a question arises whether an industrial establishment is of a seasonal character or whether work is performed, therein only intermittently the decision of the appropriate
· Section 25N which deals with Conditions precedent to retrenchment of workmen is amended as under-
i. In clause (a) of sub-section (1) the existing expression" or the workman has been paid in lieu of such notice wages for the period of the notice" shall be deleted; and
ii. In sub-section (9) the expression "fifteen days average pay” shall be substituted by the expression "three months average pay”.
· Section 25O which deals with Procedure for closing down an undertaking is amended as under-
i. In sub-section (8) after the existing expression, the expression "fifteen days average pay” shall be substituted by the expression "three months average pay.
[No. L.G-04/2016-127/Ledg]
URL: http://jhr2.nic.in/egazette/Gazette.aspx