INDUSTRIAL DISPUTES ACT, 1947 (ORISSA AMENDMENT)

Section 2 - Definitions

In this Act, unless there is anything repugnant in the subject or context,--

(a)      "appropriate Government" means? 

(i)       in relation to any industrial dispute concerning [1][* * *] any industry carried on by or under the authority of the Central Government, [2][* * *] or by a railway company [3][or concerning any such controlled industry as may be specified in this behalf by the Central Government] [4][* * *] or in relation to an industrial dispute concerning [5][[6][[7][[8][a Dock Labour Board established under Section 5A of the Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), or [9][the Industrial Finance Corporation of India Limited formed and registered under the Companies Act, 1956 (1 of 1956)] or the Employees' State Insurance Corporation established under Section 3 of the Employees' State Insurance Act, 1948 (34 of 1948), or the Board of Trustees constituted under Section 3A of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 (46 of 1948), or the Central Board of Trustees and the State Boards of Trustees constituted under Section 5A and Section 5B, respectively, of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952), [10][***] or the Life Insurance Corporation of India established under Section 3 of the Life Insurance Corporation Act, 1956 (31 of 1956), or [11][the Oil and Natural Gas Corporation Limited registered under the Companies Act, 1956 (1 of 1956)], or the Deposit Insurance and Credit Guarantee Corporation established under Section 3 of the Deposit Insurance and Credit Guarantee Corporation Act, 1961 (47 of 1961), or the Central Warehousing Corporation established under Section 3 of the Warehousing Corporations Act, 1962 (58 of 1962), or the Unit Trust of India established under Section 3 of the Unit Trust of India Act, 1963 (52 of 1963), or the Food Corporation of India established under section 3, or a Board of Management established for two or more contiguous States under Section 16, of the Food Corporations Act, 1964 (37 of 1964), or [12][the Banking Service Commission established under section 3 of the Banking Service Commission Act, 1975, or] [13][the Airports Authority of India constituted under Section 3 of the Airports Authority of India Act, 1994 (55 of 1994)], or a Regional Rural Bank established under Section 3 of the Regional Rural Banks Act, 1976 (21 of 1976), or the Export Credit and Guarantee Corporation Limited or the Industrial Reconstruction Bank of India Limited], [14][the National Housing Bank established under Section 3 of the National Housing Bank Act, 1987 (53 of 1987)], or [15][[16][an air transport service, or a banking or an insurance company,] a mine, an oil field,] [17][a Cantonment Board,] or a [18][major port, any company in which not less than fifty-one per cent. of the paid-up share capital is held by the Central Government, or any corporation, not being a corporation referred to in this clause, established by or under any law made by Parliament, or the Central public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the Central Government, the Central Government, and]]

[19][(ii) in relation to any other industrial dispute, including the State public sector undertaking, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the State Government, the State Government:

Provided that in case of a dispute between a contractor and the contract labour employed through the contractor in any industrial establishment where such dispute first arose, the appropriate Government shall be the Central Government or the State Government, as the case may be, which has control over such industrial establishment.]

[20][(aa) "arbitrator" includes an umpire;]

[21][[22][(aaa)] "average pay" means the average of the wages payable to a workman--

(i)       in the case of monthly paid workman, in the three complete calendar months, 

(ii)      in the case of weekly paid workman, in the four complete weeks, 

(iii)     in the case of daily paid workman, in the twelve full working days, preceding the date on which the average pay becomes payable if the workman had worked for three complete calendar months or four complete weeks or twelve full working days, as the case may be, and where such calculation cannot be made, the average pay shall be calculated as the average of the wages payable to a workman during the period he actually worked;] 

(b)     ?award? means an interim or a final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Industrial Tribunal and includes an arbitration award made under section 10A;

(bb)?banking company? means a banking company as defined in Section 5 of the Banking Companies Act, 1949 (10 of 1949), having branches or other establishments in more than one State, and includes the Export-Import Bank of India, the Industrial Reconstruction Bank of India, the Small Industries Development Bank of India established under Section 3 of the Small Industries Development Bank of India Act, 1989 (39 of 1989),] the Reserve Bank of India, the State Bank of India 4[,a corresponding new bank constituted under Section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) [23][a corresponding new bank constituted under Section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), and any subsidiary bank]] as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959);

(c)      ?Board? means a Board of Conciliation constituted under this Act;

(cc)?closure? means the permanent closing down of a place of employment or part thereof;

(d)     ?conciliation officer? means a conciliation officer appointed under this Act; 

(e)  ?conciliation proceeding? means any proceeding held by a conciliation officer or Board under this Act;

(ee)?controlled industry? means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest;

(f)      ?Court? means a Court of Inquiry constituted under this Act; 

(g)     ?employer? means,? 

(i)       in relation to an industry carried on by or under the authority of any department of [24][the Central Government or a State Government], the authority prescribed in this behalf, or where no authority is prescribed, the head of the department; 

(ii)      in relation to an industry carried on by or on behalf of a local authority, the chief executive officer of that authority;

(gg)?executive?, in relation to a trade union, means the body, by whatever name called, to which the management of the affairs of the trade union is entrusted;]

(h)     ****] 

(i)       a person shall be deemed to be ?independent? for the purpose of his appointment as the chairman or other member of a Board, Court or Tribunal, if he is unconnected with the industrial dispute referred to such Board, Court or Tribunal or with any industry directly affected by such dispute:

Provided that no person shall cease to be independent by reason only of the fact that he is a shareholder of an incorporated company which is connected with, or likely to be affected by, such industrial dispute; but in such a case, he shall disclose to the appropriate Government the nature and extent of the shares held by him in such company;

(j)    ?industry? means any business, trade, undertaking, manufacture or calling of employers and includes any calling, service, employment, handicraft, or industrial occupation or avocation of workmen; 

(k)     ?industrial dispute? means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person;

(ka)?industrial establishment or undertaking? means an establishment or undertaking in which any industry is carried on:

Provided that where several activities are carried on in an establishment or undertaking and only one or some of such activities is or are an industry or industries, then,?

(a)      if any unit of such establishment or undertaking carrying on any activity, being an industry, is severable from the other unit or units of such establishment or undertaking, such unit shall be deemed to be a separate industrial establishment or undertaking; 

(b)      if the predominant activity or each of the predominant activities carried on in such establishment or undertaking or any unit thereof is an industry and the other activity or each of the other activities carried on in such establishment or undertaking or unit thereof is not severable from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establishment or undertaking;]

(kk) ?insurance company? means an insurance company as defined in Section 2 of the Insurance Insurance Act, 1938 (4 of 1938), having branches or other establishments in more than one State;]

(kka) ?khadi? has the meaning assigned to it in clause (d) of Section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);

(kkb) ?Labour Court? means a Labour Court constituted under section 7;

(kkk) ?lay-off? (with its grammatical variations and cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery 5[or natural calamity or for any other connected reason] to give employment to a workman whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched.

Explanation.?Every workman whose name is borne on the muster rolls of the industrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid-off for that day within the meaning of this clause:

Provided that if the workman, instead of being given employment at the commencement of any shift for any day is asked to present himself for the purpose during the second half of the shift for the day and is given employment then, he shall be deemed to have been laid-off only for one-half of that day:

Provided further that if he is not given any such employment even after so presenting himself, he shall not be deemed to have been laid-off for the second half of the shift for the day and shall be entitled to full basic wages and dearness allowance for that part of the day;]

(l)      ?lock-out? means the6[temporary closing of a place of employment], or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him;

(la)?major port? means a major port as defined in clause (8) of Section 3 of the Indian Ports Act, 1908 (15 of 1908);

(lb)?mine? means a mine as defined in clause (j) of sub-section (1) of Section 2 of the Mines Act, 1952 (35 of 1952)];

(ll)?National Tribunal? means a National Industrial Tribunal constituted under section 7B;]

(lll)?office bearer?, in relation to a trade union, includes any member of the executive thereof, but does not include an auditor;

(m)   ?prescribed? means prescribed by rules made under this Act; 

(n)    ?public utility service? means? 

(i)       any railway service or any transport service for the carriage of passengers or goods by air;

(ia)any service in, or in connection with the working of, any major port or dock;]

(ii)      any section of an industrial establishment, on the working of which the safety of the establishment or the workmen employed therein depends; 

(iii)     any postal, telegraph or telephone service; 

(iv)    any industry which supplies power, light or water to the public; 

(v)      any system of public conservancy or sanitation; 

(vi)    any industry specified in the First Schedule which the appropriate Government may, if satisfied that public emergency or public interest so requires, by notification in the Official Gazette, declare to be a public utility service for the purposes of this Act, for such period as may be specified in the notification:

Provided that the period so specified shall not, in the first instance, exceed [28]six months but may, by a like notification, be extended from time to time, by any period not exceeding six months, at any one time if in the opinion of the appropriate Government public emergency or public interest requires such extension;

(o)      ?railway company? means a railway company as defined in Section 3 of the Indian Railways Act, 1890 (9 of 1890);

(oo)?retrenchment? means the termination by the employer of the service of a workman for any any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include?

(a)      voluntary retirement of the workman; or 

(b)      retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or

(bb)termination of the service of the workman as a result of the non-renewal of the contract contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or

(c)      termination of the service of a workman on the ground of continued ill-health; 

(p)     ?settlement? means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to 5[an officer authorised in this behalf by] the appropriate Government and the conciliation officer; 

(q)    ?strike? means a cessation of work by a body of persons employed in any industry acting in combination or a concerned refusal, or a refusal under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment;

(qq) ?trade union? means a trade union registered under the Trade Unions Act, 1926 (16 of 1926);

(r)     ?Tribunal? means an Industrial Tribunal constituted under section 7A and includes an Industrial Tribunal constituted before the 10th day of March, 1957, under this Act;

(ra)?unfair labour practice? means any of the practices specified in the Fifth Schedule;

(rb)?village industries? has the meaning assigned to it in clause (h) of Section 2 of the Khadi and Village Industries Commission Act, 1956 (61 of 1956);

(rr)?wages? means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a workman in respect of his employment or of work done in such employment, and includes?

(i)       such allowances (including dearness allowance) as the workman is for the time being entitled to; 

(ii)      the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply offoodgrains or other articles; 

(iii)     any travelling concession; 

(iv)    any commission payable on the promotion of sales or business or both;but does not include?

(a)      any bonus; 

(b)      any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the workman under any law for the time being in force; 

(c)      any gratuity payable on the termination of his service;] 

(s)     ?workman? means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person? 

(i)       who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or 

(ii)      who is employed in the police service or as an officer or other employee of a prison; or 

(iii)     who is employed mainly in a managerial or administrative capacity; or 

(iv)    who, being employed in a supervisory capacity, draws wages exceeding ten thousand rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.

STATE AMENDMENTS

Orissa:

[25][In Section 2

In clause (s) the words and comma "operational, clerical or supervisory work", the words and commas "sales promotion, operational, clerical or supervisory work or any work for promotion of sales" shall be substituted.]

Section 7A - Tribunals

[138][7A. Tribunals

(1)      The appropriate Government may, by notification in the Official Gazette, constitute one or more Industrial Tribunals for the adjudication of industrial disputes relating to any matter, whether specified in the Second Schedule or the Third Schedule [26]and for performing such other functions as may be assigned to them under this Act].

[27][(1A) The Industrial Tribunal constituted by the Central Government under sub-section (1) shall also exercise, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, the jurisdiction, powers and authority conferred on the Tribunal referred to in Section 7D of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952).]

(2)      A Tribunal shall consist of one person only to be appointed by the appropriate Government. 

(3)      A person shall not be qualified for appointment as the presiding officer of a Tribunal unless? 

(a)      he is, or has been, a Judge of a High Court; or 

[28](aa) he has, for a period of not less than three-years, been a District Judge or an Additional District Judge;[29][***]

[30][***]

[31][(b) he is or has been a Deputy Chief Labour Commissioner (Central) or Joint Commissioner of the State Labour Department, having a degree in law and at least seven years' experience in the labour department including three years of experience as Conciliation Officer:

Provided that no such Deputy Chief Labour Commissioner or Joint Labour Commissioner shall be appointed unless he resigns from the service of the Central Government or State Government, as the case may be, before being appointed as the presiding officer; or

(c)he is an officer of Indian Legal Service in Grade III with three years' experience in the grade.]

(4)      The appropriate Government may, if it so thinks fit, appoint two persons as assessors to advise the Tribunal in the proceeding before it.]

STATE AMENDMENTS

ORISSA

[32]In section 7A, in sub-section (3), after clause (a), insert the following clause, namely:--

"(aa) he has been a member of the Orissa Superior Judicial Service for a period of not less than seven years."

Section 25K - Application of Chapter VB

(1)     The provisions of the 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 [33][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 AMENDMENTS

ORISSA.-

[34][In section 25K, in sub-section (1), for the words "three hundred", substitute the words "one hundred".

ORISSA

[35]In section 25-K 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.]

Section 25O - Procedure for closing down an undertaking

(1)     [36]An employer who intends to close down an undertaking of an industrial establishment to which this Chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate Government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner :

Provided that nothing in this sub-section shall apply to an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work.

(2)     Where an application for permission has been made under sub-section (1) the appropriate Government, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen and the persons interested in such closure may, having 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 order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workmen.

(3)     Where an application has been made under sub-section (1) and the appropriate Government does not communicate the order granting or refusing to grant permission to the 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 appropriate Government granting or refusing to grant permission shall, subject to the provisions of sub-section (5), be final and binding on all the parties and shall remain in force for one year from the date of such order.

(5)     The appropriate 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 all the benefits under any law for the time being in force as if the undertaking had not been closed down.

(7)     Notwithstanding anything contained in the foregoing provisions of this section, the appropriate 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 to do, by order, direct that the provisions of sub-section (1) shall not apply in relation to such undertaking for 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 for closure is deemed to be granted under sub-section (3), every workman who is employed in that undertaking immediately before the date of application for permission under this section, shall be entitled to receive compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months.]

STATE AMENDMENTS

ORISSA

[37][For section 25-O, substitute the following section, namely:--

"25-O. Procedure for closing down an undertaking.--

(1)     An employer who intends to close down an undertaking of an industrial establishment to which this Chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days before the date on which the intended closure is to become effective to the appropriate Government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner:

Provided that nothing in this sub-section shall apply to an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work.

(2)     Where an application for permission has been made under sub-section (1), the appropriate Government after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen and the persons interested in such closure may, having regard to the genuineness and adequacy of the reason stated by the employer, the interests of the general public and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workmen.

(3)     Where an application has been made under sub-section (1) and the appropriate Government does not communicate the order granting or refusing to grant permission to the 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 appropriate Government granting or refusing to grant permission shall, subject to the provisions of sub-section (5), be final and binding on all the parties and shall remain in force for one year from the date of such order. 

(5)     The appropriate 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 subsection, 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 all the benefits under any law for the time being in force as if the undertaking had not been closed down. 

(7)     Notwithstanding anything contained in the foregoing provisions of this section, the appropriate Government may, if it is satisfied that owing to such exceptional circumstances an accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that the provisions of sub-section (1) shall not apply in relation to such undertaking for 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 for closure is deemed to be granted under sub-section (3) every workman who is employed in that undertaking immediately before the date of application for permission under this section, shall be entitled to receive compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months."

Ed.--The amendments made in section 25-O by the Orissa Ordinance 3 of 1983, section 3 (w.e.f. 21-2-1983) relate to section 25-O prior to its substitution by the Central Act 46 of 1982, section 14 (w.e.f. 21-8-1984).

ORISSA

[38][For section 25-O of the principal Act, the following section shall be substituted namely:--

"25-O. Procedure for closing down an undertaking.-

(1)     An employer who intends to close down an undertaking of an industrial establishment to which this Chapter applies shall, in the prescribed manner, apply, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate Government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workmen in the prescribed manner:

Provided that nothing in this sub-section shall apply to an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work.

(2)     Where an application for permission has been made under sub-section (1), the appropriate Government, after making such' enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workmen and the persons interested in such closure may, having 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 order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workmen. 

(3)     Where an application has been made under sub-section (1) and the appropriate Government does not communicate the order granting or refusing to grant permission to the 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 appropriate Government granting or refusing to grant permission shall, subject to the provisions of sub-section (5), be final and binding on all the parties and shall remain in force for one year from the date of such order. 

(5)     The appropriate Government may, either on its own motion or on the application made by the employer or any workman, review its order granting of 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 all the benefits under any law for the time being in force as if the undertaking had not been closed down. 

(7)     Notwithstanding anything contained in the foregoing provisions of this section/the appropriate 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 to do, by order, direct that the provisions of subsection (1) shall not apply in relation to such undertaking for such period as may be specified in the order. 

(8)     Where an undertaking is permitted to be close down under, sub-section (2) or where permission for closure is deemed to be granted Under sub-section (3) every workman who is employed in that undertaking immediately before the date of application for permission under this section shall be entitled to receive compensation which shall be equivalent to fifteen day's average pay for every completed year of continuous service or any part thereof in excess of six months.]

Section 25R - Penalty for closure

(1)     Any employer who closes down an undertaking without complying with the provisions of sub-section (1) of section 25-O shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 

(2)     Any employer, who contravenes [39][an order refusing to grant permission to close down an undertaking under sub-section (2) of section 25-O or a direction given under section 25P], shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both, and where the contravention is a continuing one, with a further fine which may extend to two thousand rupees for every day during which the contravention continues after the conviction.

[40][***]

STATE AMENDMENTS

Orissa:

[41][In section 25R,--

(a)      in sub-section (2), for the words, brackets, figures and letters "a direction given under sub-section (2) of section 25-O or section 25P", substitute "an order refusing to grant permission to close down an undertaking under sub-section (2) of section 25-O or a direction given under section 25P"; 

(b)      omit sub-section (3).

Orissa:

[42][In section 25-R of the principal Act:--

(a)      in sub-section (2), for the words, brackets, figures and letters "a direction given under sub-section (2) of section 25-O or section 25-P", the wards, brackets, figures and letters "an order refusing to grant permission to close down an undertaking under sub-section (2) of section 25-O or a direction given under section 25-P" shall be substituted; 

(b)      Sub-section (3) shall be omitted.]

Schedule I - THE FIRST SCHEDULE

[43][THE FIRST SCHEDULE

[See Section 2(n)(vi)]

Industries which may be declared to be Public Utility Services under sub-clause (vi) of clause (n) of section 2

1.        Transport (other than railways) for the carriage of passengers or goods, [44][by land or water]; 

2.      [45][Banking; 

3.        Cement; 

4.        Coal; 

5.        Cotton textiles; 

6.        Food stuffs; 

7.        Iron and Steel; 

8.        Defence establishments; 

9.        Service in hospitals and dispensaries; 

10.     Fire Brigade Service;

[46][11. India Government Mints;]

12.India Security Press;

[47][13. Copper Mining;

14.Lead Mining;

15.Zinc Mining;]

[48][16. Iron Ore Mining;]

[49][17. Service in any oilfield;]

[50][***]

[51][19. Service in the Uranium Industry;]

[52][20. Pyrites Mining;]

21. Security Paper Mill, Hoshangabad;

[53][22. Services in the Bank Note Press, Dewas;]

[54][23. Phosphorite Mining;]

[55][24. Magnesite Mining;]

[56][25. Currency Note Press;]

[57][26. Manufacture or production of mineral oil (crude oil), motor and aviation spirit, diesel oil, kerosene oil, fuel oil, diverse hydrocarbon oils and their blends including synthetic fuels, lubricating oils and the like;]

[58][27. Service in the Airports Authority of India;]

[59][28. Industrial establishments manufacturing or producing Nuclear Fuel and components, Heavy Water and Allied Chemicals and Atomic Energy.]

[60][29. 'Processing or production or distribution of fuel gases' (coal gas, natural gas and the like)]

[61][30. Manufacturing of Alumina and Aluminium; and

31. Mining of Bauxite.]

[62][32. Services in the Bank Note Paper Mill India Private Limited, Mysore, Karnataka.]

[63][33. Chemical Fertilizer industry]

[STATE AMENDMENTS

ORISSA

1.        Iron and Steel Products. 

2.        Crucibles. 

3.        Fertilizers. 

4.        Refractories. 

5.        Aluminium and Aluminium Products. 

6.        Ferro-Manganese. 

7.        Paper. 

8.        Electric Goods. 

9.        Construction Projects of State Government. 

10.     Newspaper establishments. 

11.     Blood Bank.--Orissa Gaz., 18-8-1965, Pt.III,p.881. 

12.     Printing Presses.--Orissa Gaz., 10-12-1965, Pt.III,P.1828. 

13.     Manufacture Marketing and Distribution of Petroleum Products. 

14.     Chemical Industry.--Orissa Gaz., 22-3-1968, Pt.III,P.265. 

15.     Aeronautical Industry.--Orissa Gaz., 14-8-1969, Pt.III,p.265. 

16.     Ferro-sillicon.--Orissa Gaz., 18-7-1969, Pt. III,p.697. 

17.     Explosive Industry.--Orissa Gaz., 20-2-1970, Pt. III, p. 32;Ferro-ChromeIndustry--Orissa Gaz., 27-9-1970, Pt. III, p. 65. 

18.     National Airports Authority.--Orissa Gaz., 21-8-1991, Ext., p. 1 (No. 992). 

19.     Charge Chrome Industry.--Orissa Gaz., 26-6-1995, Ext., p. 1 (No. 771).