Section 25K:
Application of Chapter VB.
1[25K. Application of Chapter VB.--(1) 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 2[one hundred] workmen were employed on an average per working
day for the preceding twelve months.
(2) 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 Government thereon shall be
final.] STATE AMENDMENT
Andhra Pradesh-- In Section 25K
The following shall be substituted, namely:--
"25-K.Application of Chapter V-B:--(1) 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.
(2) 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. (3) 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 State Government thereon shall be final.
[Vide Andhra Pradesh 12 of 2015, s. 3]
Assam--
Amendment of section 25K.--In the principal Act, in section 25K, for the words "one hundred",
appearing in between the words than and workmen, the words
three hundred shall be substituted.
[Vide Assam Act 22 of 2018, s. 2]
Karnataka--
Amendment of section 25K.--In section 25K of the principal Act, after sub-section (1), the
following sub-section shall be inserted, namely:--
(1A) Notwithstanding anything contained in sub-section (1) the State Government may, from time to
time by notification in the official gazette, apply the provisions of section 25-O and section 25-R in so far,
as they relate to contravention of sub-section (2) of section 25-O, also to an industrial establishment of a
seasonal character or in which work is performed only intermittently in which not less than one hundred
workmen were employed on an average per working day for the preceding twelve months.
[Vide the Karnataka Act 5 of 1988, s. 5] Orissa--
Amendment of section 25K..--In section 25K of the Industrial Disputes Act, 1947 (14 of 1947)
(hereinafter referred to as the principal Act), in sub-section (1), for the words "three hundred", the words
"one hundred" shall be substituted.
[Vide the Orissa Act 6 of 1983, s. 2]
Union Territory of Jammu and Kashmir and Ladakh
Section 25K.--In sub-section (1), for "one hundred", substitute "three hundred".
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Second
Order, 2020, Notification No. S.O. 3465(E), dated (5-10-2020) and Vide Union Territory of Ladakh
Reorganisation (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated
(23-10-2020).Rajasthan
Amendment of section 25-k, Central Act No. 14 of 1947.- After sub-section (1) of section 25-k of
the Industrial Disputes Act, 1947 (Central Act No. 14 of 1947), hereinafter referred to as the principle
Act, the following new sub-section shall be inserted, namely:-
"(1-A) Without prejudice to the provisions contained in sub section (1), the State Government
may, if satisfied that maintenance of industrial peace or prevention of vietimisation 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."
[Vide Rajasthan Act 8 of 1984, s.2]Rajasthan
Amendment of section 25K, Central Act No. 14 of 1947.- For the existing section 25K of the principal
Act, the following shall be substituted, namely:-
“25K. Application of Chapter VB.- (1) 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.
(2) 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.
(3) 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 Government thereon
shall be final.”.
[Vide Rajasthan Act 21 of 2014, s. 7]
Notes:
1. Ins. by Act 32 of 1976, s. 2 (w.e.f. 5-3-1976).
2. Subs. by Act 46 of 1982, s. 12, for "three hundred" (w.e.f. 21-8-1984).