Section 25FFF:
Compensation to workmen in case of closing down of undertakings.
(1) Where an
undertaking is closed down for any reason whatsoever, every workman who has been in continuous
service for not less than one year in that undertaking immediately before such closure shall, subject to the
provisions of sub-section (2), be entitled to notice and compensation in accordance with the provisions of
section 25F, as if the workman had been retrenched:
Provided that where the undertaking is closed down on account of unavoidable circumstances beyond
the control of the employer, the compensation to be paid to the workman under clause (b) of section 25F
shall not exceed his average pay for three months.
1[Explanation.-- An undertaking which is closed down by reason merely of--
(i) financial difficulties (including financial losses); or
(ii) accumulation of undisposed of stocks; or
(iii) the expiry of the period of the lease or licence granted to it; or
(iv) in a case where the undertaking is engaged in mining operations, exhaustion of the minerals
in the area in which such operations are carried on;
shall not be deemed to be closed down on account of unavoidable circumstances beyond the control of the
employer within the meaning of the proviso to this sub-section.]
2[(1A) Notwithstanding anything contained in sub-section (1), where an undertaking engaged in
mining operations is closed down by reason merely of exhaustion of the minerals in the area in which
such operations are carried on, no workman referred to in that sub-section shall be entitled to any notice
or compensation in accordance with the provisions of section 25F, if--
(a) the employer provides the workman with alternative employment with effect from the date of
closure at the same remuneration as he was entitled to receive, and on the same terms and conditions
of service as were applicable to him, immediately before the closure;
(b) the service of the workman has not been interrupted by such alternative employment; and
(c) the employer is, under the terms of such alternative employment or otherwise, legally liable to
pay to the workman, in the event of his retrenchment, compensation on the basis that his service has
been continuous and has not been interrupted by such alternative employment.
(1B) For the purposes of sub-sections (1) and (1A), the expressions minerals and mining
operations shall have the meanings respectively assigned to them in clauses (a) and (d) of section 3 of
the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957).]
(2) Where any undertaking set-up for the construction of buildings, bridges, roads, canals, dams or
other construction work is closed down on account of the completion of the work within two years from the date on which the undertaking had been set-up, no workman employed therein shall be entitled to any
compensation under clause (b) of section 25F, but if the construction work is not so completed within two
years, he shall be entitled to notice and compensation under that section for every 3[completed year of
continuous service] or any part thereof in excess of six months.]
Notes:
1. Subs. by Act 45 of 1971, s. 4, for the Explanation (w.e.f. 15-12-1971).
2. Ins. by s. 4, ibid. (w.e.f. 15-12-1971).
3 Subs. by Act 36 of 1964, s. 15, for "completed year of service" (w.e.f. 19-12-1964).