¹[25P. Special provision as to restarting of undertakings closed down before commencement of the Industrial Disputes (Amendment) Act, 1976.--If the appropriate Government is of opinion in respect of any undertaking of an industrial establishment to which this Chapter applies and which closed down before the commencement of the Industrial Disputes (Amendment) Act, 1976 (32 of 1976),--
         (a) that such undertaking was closed down otherwise than on account of unavoidable circumstances 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 employed in such undertaking before its closure or for the maintenance of supplies and services essential to the life of the community to restart the undertaking or both; and
         (d) that the restarting of the undertaking will not result in hardship to the employer in relation to the undertaking,
it may, after giving an opportunity to such employer and workmen, direct, by order published in the Official Gazette, that the undertaking shall be restarted within such time (not being less than one month from the date of the order) as may be specified in the order.]
Rajasthan
Substitution of section 25-P, Central Act No. 14 of 1947:--For section 25-P of the principle Act, the following section shall be substituted, namely:-
    "25-P. Special provision as to restarting of undertaking closed down before commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984.-(1) Where the undertaking of an industrial establishment to which this Chapter applies had been closed down before the commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984 and the State Government, after giving reasonable opportunity of being heard to the employer, workmen and the office bearer of the representative union of the concerned industrial establishment and after making such enquiry as it thinks fit, is satisfied that,-
        (a) such undertaking was closed down otherwise than on account of unavoidable circumstances, beyond the control of the employer;
        (b) there are possibilities of restarting the undertaking;
        (c) it is necessary for the rehabilitation of the workmen employed in such undertaking before its closure or for the maintenance of supplies and services essential to the life of the community or both to restarted the undertaking ; and
        (d) the restarting of the undertaking will not result in hardship to the employer in relation to the undertaking, It may direct, by order published in the Official Gazette, that the undertaking shall be restarted within such time (not being less than one months from the date of the order) as may be specified in the order.
    (2) An order of the State Government directing the restarting of the undertaking under sub-section (1) shall, subject to the provisions of sub-section (3), be final and binging on all the parties.
    (3) The State Government may either on its own motion or on the application made by the employer and after giving to such employer, the workmen and the office-bearer of the representative union of the concerned industrial establishment an opportunity of being heard, review its order directing the restarting of the undertaking under sub-section (1) 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 and award within a period of sixty days from the date of such reference and pending award by the Tribunal, the undertaking shall continue to remain restarted."
[Vide Rajasthan Act 8 of 1984, s. 7]
Insertion of new section 25-PP, Central Act No. 14 of 1947:- After section 25-P of the principle Act as so substituted, the following new section shall be added, namely:-
    "25 PP. Special provision as to reinstatement of workmen retrenched before the commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984.-(1) Notwithstanding any award or order of a Tribunal or any judgement , order or direction of any Court upholding the validity of retrenchment of any workman employed is any industrial establishment to which this Chapter applies who is retrenched at any time during six months immediately before the commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984, the State Government shall, either on its own motion or on the application made by any such retrenched workman or by the office-bearer of the representative union of the concerned industrial establishment, examine the validity of retrenchment of such workman and if, after making such enquiry as it thinks fit and after giving reasonable opportunity of being heard to the employer, the retrenched workman, or, as case may be, to such office-bearer, it is satisfied that,-
        (a) the retrenchment of the workman was without genuine or adequate reasons;
        (b) the retrenchment was by way of victimisation and unfair labour practice; and
        (c) the reinstatement of the workman is required for maintaining industrial peace in the industrial establishment, it shall by order and for reasons to be recorded in writing, direct the employer to reinstate the retrenched workman within such time as may be specified in the order and if it is not so satisfied, it shall by such reasoned order uphold the validity of retrenchment of the workman and shall communicate its order to the employer and the workman.
    (2) An order of the State Government under sub-section (1), subject to the order passed by it as a result of review under sub-section (3) and, where a reference has been made by it to a Tribunal under the said sub-section, subject to the award passed by the Tribunal, shall be final and binding on the employer and the workman.
    (3) The State Government may, either on its own motion or on the application made by the employer or the retrenched workman, review its order directing reinstatement of the retrenched workman or, as the case may be, the order upholding the validity of retrenchment of the workman under sub section (1) 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.".
[Vide Rajasthan Act 8 of 1984, s. 8]
Rajasthan
Substitution of section 25-P, Central Act No. 14 of 1947:- For section 25-P of the principle Act, the following section shall be substituted, namely:-
    "25-P. Special provision as to restarting of undertaking closed down before commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984.- (1) Where the undertaking of an industrial establishment to which this Chapter applies had been closed down before the commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984 and the State Government, after giving reasonable opportunity of being heard to the employer, workmen and the office bearer of the representative union of the concerned industrial establishment and after making such enquiry as it thinks fit, is satisfied that,-
            (a) such undertaking was closed down otherwise than on account of unavoidable circumstances, beyond the control of the employer;
            (b) there are possibilities of restarting the undertaking;
            (c) it is necessary for the rehabilitation of the workmen employed in such undertaking before its closure or for the maintenance of supplies and services essential to the life of the community or both to restarted the undertaking ; and
            (d) the restarting of the undertaking will not result in hardship to the employer in relation to the undertaking,
It may direct, by order published in the Official Gazette, that the undertaking shall be restarted within such time (not being less than one months from the date of the order) as may be specified in the order.
    (2) An order of the State Government directing the restarting of the undertaking under sub-section (1) shall, subject to the provisions of sub-section (3), be final and binging on all the parties.
    (3) The State Government may either on its own motion or on the application made by the employer and after giving to such employer, the workmen and the office-bearer of the representative union of the concerned industrial establishment an opportunity of being heard, review its order directing the restarting of the undertaking under sub-section (1) 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 and award within a period of sixty days from the date of such reference and pending award by the Tribunal, the undertaking shall continue to remain restarted.--
[Vide Rajasthan Act 8 of 1984, s. 7]
Insertion of new section 25-PP, Central Act No. 14 of 1947:- After section 25-P of the principle Act as so substituted, the following new section shall be added, namely:-
"25 PP. Special provision as to reinstatement of workmen retrenched before the commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984.-(1) Notwithstanding any award or order of a Tribunal or any judgement , order or direction of any Court upholding the validity of retrenchment of any workman employed is any industrial establishment to which this Chapter applies who is retrenched at any time during six months immediately before the commencement of the Industrial Disputes (Rajasthan Amendment) Act, 1984, the State Government shall, either on its own motion or on the application made by any such retrenched workman or by the office-bearer of the representative union of the concerned industrial establishment, examine the validity of retrenchment of such workman and if, after making such enquiry as it thinks fit and after giving reasonable opportunity of being heard to the employer, the retrenched workman, or, as case may be, to such office-bearer, it is satisfied that,-
            (a) the retrenchment of the workman was without genuine or adequate reasons;
            (b) the retrenchment was by way of victimisation and unfair labour practice; and
            (c) the reinstatement of the workman is required for maintaining industrial peace in the industrial establishment,
it shall by order and for reasons to be recorded in writing, direct the employer to reinstate the retrenched workman within such time as may be specified in the order and if it is not so satisfied, it shall by such reasoned order uphold the validity of retrenchment of the workman and shall communicate its order to the employer and the workman.
    (2) An order of the State Government under sub-section (1), subject to the order passed by it as a result of review under sub-section (3) and, where a reference has been made by it to a Tribunal under the said sub-section, subject to the award passed by the Tribunal, shall be final and binding on the employer and the workman.
    (3) The State Government may, either on its own motion or on the application made by the employer or the retrenched workman, review its order directing reinstatement of the retrenched workman or, as the case may be, the order upholding the validity of retrenchment of the workman under sub section (1) 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..
[Vide Rajasthan Act 8 of 1984, s. 8]