Keyword(s):
Industrial Dispute, Construction of Buildings, Permission, Employer, Grant,
Labour Court
THE UT’I’AR PRADESH INDUSTWL DISPUTES (AMENDMENT) .ZCT, 1983 ,
ACT
further to crncriii :kc L’rziieLZ Prvvirjc~sItIliriai Di~p~ijt s Acr, 1947
IT IS HEREBY enacted in the Thirty-fourth Year of the Republic of IIr.dia as folfows :-
.q,,,ei~dment of
section 2 of U.P
4 ct no. XXVIU
Short title :!~d 1. (1) Tflis Act may. ,be called the Uttar Pradesh lrdustrial Disputes
~$~~enc€m”-?t.(Ame~,dn~ect)Act, 1983. .
(2) It shati be deemed to have conlc into force on August 3, 1983.
- In section 2 c?f the U. P. IlidustriaI Disputes Act, 1947, hereinafter
referred to as the principal Act, after clause (e), the following clause shall be
inserted, nnnmcly :–
c'(ec)’cjosure’ means the permanent closing down of a place of em-
pf oyment or part. thereof;”. - fn the principal Act, afier sectic+~6-U, tEe following sectiotas shall be
inserted, nan~ely:-
“6-V. (1) The provisions of sections 6-‘h! and 6-X shall apply to an
Api71;cation Gf industrial establishme~tpertaicing to an industry other
\cctions 6-w and thai~an industry referred to ill sub-clause (i) of clause (a)
6-x. of section 2 of the Industria! Disputes Act, 1947 (not
being a11establishment of a seasonal chz-acter or in which work is per-
formed only intermittently) in which not less than three hundred
workmen were employed 01% ail average per- working bay for the pre-
cedsng twelve t~ofiths;
(2) ff a qucsiion arlscs whether a;? industrial establishment is of
a seasonai character or whethcr work is perf~imedtherein only inter-
m:tti.ctly; the decisior: of the State Government thereon shall be fiaal.
,-
u
procedure fcr
closing do=,%i: an
an indusrxa! cstab!ishme::t shai!, in the.prezcribed manner,
apply, for prics ~zrm~ssion, at least ninety days bef~rethe
date on ::hlch the msaded closure is to become efTective.
io tks State Govzrumeo:, sialicg clearly the reasons for
(I’t An emdo-ger sr’ho ii-~ler?dslo cjosz dovm an undertaking of
the iritt.i~dedc’iosure of thc ui:de,-taking and a copy of such appiication
aiso be szrved sirnuitace~i~slyon the representatives of tlie work-
men in the prescribed manrier :
Provided that nothing in this sub-section shall appiy to an undertaking
set up for the constructiori of building, bridges, roads, canals, dams or
for other cofistruction ~r~rk.
(2) Where an application for permission has beec made under sub-
bcctirn (I), the State Ccvernmeot, after makii~gsuch enquiry as it thinks
fit and after giviag a reasonabjc opporiunily of being heard to the em-
foyer, the wcrkmen and the yer-sons interested in such ciosure may,
ilaving regard to the genuineness and adequacy of the reasons stated
by the employer, the interests of the general public and all other relevant
factors, by orderard for reasons tobe recorded in writing, grant or refuse
to grant such permission and a copy of such order shall be cammunicated
to the employer and the workmen.
6-Mr.~~q~m,12laq~T1983
(3) Where an application has been made uqder sub-section (1) and
the State Government does not communicate the order granting or re-
fusing togrant permission tothe employer within a period of sixty days
from the date on which such application is made, the permission applied
for shall be deemed to have been granted on the expiration of the said
period of sixty days.
(4) An order of the State Government granting or refusing to grant
(5), be final
permission shall, subject to the provisions of sub-*tion
and binding on all the parties and shall remain in forcefor one year from
the date of such order.
(5) The State Government may, either on its own motion or on
the application made by the employer or any 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 pass an award within a period of thirty days
from the date of such reference.
(6) Where no application for permission under sub-section(1) is made
within the period specified therein, or where the permission for closure
has been refused, the closure of the undertaking shall be deemed to be
illegal from the date of closure and the workmen shall be entitled to
allcthebenefits under any law for the time being in force as if the under-
taking had not been closed down.
(7) Notwithstanding anything contained in the foregoing provisions
of this section,the State Government may, if it is satisfied that owing to
such exceptional circumstances as accident in the undertaking or death
of the employer or the like it is necessary so todo, by order, direct that
the provisions of sub-section (I) shall not apply in relation to such period
as may be specified in the order.
(8) Where an undertaking is permitted to be closed down under sub-
section (2) or where permission forclosure is deemed tobe granted under
sub-section (3), every workman who is employed in that undertaking
immediately before the date of application f~rpcrmissior, under this
section, shdI be entitIed to receive counpc~szticnwhich shall bc equi-
valent to fifteen day’s average-pay for every completed year of con-
tinuous service ‘lor any part thereof in excess of six months.
6-X- (1) If the StateGovernment is of opii~ionin respect of any under-
Special provia taking of an industrial establishment which has been closed
to the down before or after the commencement of the Uttar
restarting of cel
tain undertakings
Pradesh Industrial Disputes (Amendment) Act, 1983-
(a) that such undertaking was ciosed dottn otherwise than on
account of unavoidable circumstance$ beyond the control of the
employer ;
(b) that there are possibilities of restarting the undertaking ;
(c) that it is necessary for the rehabilitation of the workmen em-
ployed 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 restarting of the undertaking wiil not result in hard-
ship to the employer in relation to the undertaking ;
it may, after giving an opportunity to such employer and workmen for reasons
to be recorded in writing direct, by order published in the Gazette, that the
undertaking shall be restarted within such time (not being less than one month
from the date of the order) as Gay be specified in the order.
(2) Where the employer is aggrieved from an order passed under sub-
section (11, he may refer the matter in the prescribed manner tothe Tribunal for
adjudication and the Tribunal may pass such orders as it thinks proper and
reasonable in the circumstances of the case.”
inserted, namely :-
- In the principal Act, after section 14-A, the fclicwing section shall be Insertion of
“’14-33. (1) Any employer who closes down an undertaking in contra-
vention of the provisions of section 3 or section 6-W shdl -be puoish-
able with imprisonment for a term which may extend to three years or
with fine or with botb.
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