In force · As amended up to 2026-08
Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M(2): Prohibition of lay-off
(2) An application for permission under sub-section (1) shall be made by the
employer in the prescribed manner stating clearly the reasons for the intended
retrenchment and a copy of such application shall also be served simultaneously on
the workmen concerned in the prescribed manner.
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Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M(3): Prohibition of lay-off
(3) Where the workman (other than badli workmen or casual
workmen) of an industrial establishment, being a mine, have been laid- off
under sub-section (1) for reasons of fire, flood or excess of inflammable
gas or explosion, the employer, in relation to such establishment,
shall, within a period of thirty days from the date of commencement of such
lay-off, apply, in the prescribed manner, to the appropriate Government or
the specified authority for permission to continue the lay-off.
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Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M(9): Prohibition of lay-off
(9) 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
establishment or death of the employer or the like, it is necessary
so to do, by order, direct that the provisions of sub- section (1), or,
as the case may be, sub-section (3) shall not apply in relation to such
establishment for such period as may be specified in the order.]
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1. Subs. by Act 49 of 1984, s. 4 (w.e.f. 18.8.1984).
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178C
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1*[(10)] The provisions of section 25C (other than the second proviso
thereto) shall apply to cases of lay-off referred to in this section.
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Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M(5): Prohibition of lay-off
(5) Where an application for permission under sub-section (1) or sub-
section (3) has been made and the appropriate Government or the specified
authority 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.
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Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M(7): Prohibition of lay-off
(7) The appropriate Government or the specified authority 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
Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M(4): Prohibition of lay-off
(4) Where an application for permission under sub-section (1) or sub-
section (3) has been made, the appropriate Government or the specified
authority, after making such enquiry as it thinks fit and after giving a
reasonable opportunity of being heard to the employer, the workmen concerned
and the persons interested in such lay-off, may,
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having regard to the genuineness and adequacy of the reasons for such lay-
off, the interests of the workmen 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.
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Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M(8): Prohibition of lay-off
(8) Where no application for permission under sub-section (1) is made,
or where no application for permission under sub-section (3) is made within
the period specified therein, or where the permission for any lay-off has
been refused, such lay-off shall be deemed to be illegal from the date
on which the workmen had been laid-off and the workmen shall be entitled to
all the benefits under any law for the time being in force as if they had not
been laid-off.
Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M(6): Prohibition of lay-off
(6) An order of the appropriate Government or the specified
authority granting or refusing to grant permission shall, subject to the
provisions of sub-section (7), be final and binding on all the parties
concerned and shall remain in force for one year from the date of such
order.
Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M: Prohibition of lay-off
25M. Prohibition of lay-off.- (1) No workman (other than a badli
workman or a casual workman) whose name is borne on the muster rolls of an
industrial establishment to which this Chapter applies shall be laid-off by
his employer except 1*[with the prior permission of the appropriate
Government or such authority as may be specified by that Government by
notification in the Official Gazette (hereinafter in this section referred
to as the specified authority), obtained on an application made in this
behalf, unless such lay-off is due to shortage of power or to natural
calamity, and in the case of a mine, such lay-off is due also to fire, flood,
excess of inflammable gas or explosion].
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1*[(2) An application for permission under sub-section (1) shall be made
by the employer in the prescribed manner stating clearly the reasons for the
intended lay-off and a copy of such application shall also be served
simultaneously on the workmen concerned in the prescribed manner.
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Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M(6): Prohibition of lay-off
(6) The appropriate Government or the specified authority 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 (3) or refer the matter
or, as the case may be, cause it to be referred, 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.
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Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M(5): Prohibition of lay-off
(5) An order of the appropriate Government or the specified authority
granting or refusing to grant permission shall, subject to the provisions of sub-
section (6), be final and binding on all the parties concerned and shall remain in
force for one year from the date of such order.
Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M(8): Prohibition of lay-off
(8) 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 establishment 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 establishment for such
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period as may be specified in the order.
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Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M(3): Prohibition of lay-off
(3) Where an application for permission under sub-section (1) has been made, the
appropriate Government or the specified authority, after making such enquiry as
it thinks fit and after giving a reasonable opportunity of being heard to the
employer, the workmen concerned and the persons interested in such retrenchment, may,
having regard to the genuineness and adequacy of the reasons stated by the employer,
the interests of the workmen 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.
Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M(4): Prohibition of lay-off
(4) or refer the matter or, as the case may be, cause it to be referred,
to a Tribunal for adjudication:
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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.
Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M(7): Prohibition of lay-off
(7) Where no application for permission under sub-section (1) is made, or where
the permission for any retrenchment has been refused, such retrenchment shall be
deemed to be illegal from the date on which the notice of retrenchment was given to
the workman and the workman shall be entitled to all the benefits under any law for the
time being in force as if no notice had been given to him.
Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M(9): Prohibition of lay-off
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Explanation.--For the purposes of this section, a workman shall not be deemed
to be laid-off by an employer if such employer offers any alternative employment
(which in the opinion of the employer does not call for any special skill or previous
experience and can be done by the workman) in the same establishment from which he
has been laid-off or in any other establishment belonging to the same employer,
situate in the same town or village, or situate within such distance from the
establishment to which he belongs that the transfer will not involve undue hardship
to the workman having regard to the facts and circumstances of his case, provided
that the wages which would normally have been paid to the workman are offered for
the alternative appointment also.
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25N.Conditions precedent to retrenchment of workmen.
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2*[25N. Conditions precedent to retrenchment of workmen.-(1) No workman
employed in any industrial establishment to which this Chapter applies, who has been in
continuous service for not less than one year under an employer shall be retrenched by
that employer until,--
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Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M(9): Prohibition of lay-off
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(a) the workman has been given three months' notice in writing
indicating the reasons for retrenchment and the period of notice has
expired, and
(b) the prior permission of the appropriate Government or such authority
as may be specified by that Government by notification in the
Official Gazette (hereafter in this section referred to as the
specified authority) has been obtained on an application made
in this behalf.
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Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M(4): Prohibition of lay-off
(4) Where an application for permission has been made under sub- section (1)
and the appropriate Government or the specified authority 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.
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Chapter V: STRIKES AND
LOCK-OUTS
``` | Section 25M(9): Prohibition of lay-off
(9) Where permission for retrenchment has been granted under sub- section (3) or
where permission for retrenchment is deemed to be granted under sub-section (4),
every workman who is employed in that establishment immediately before the date
of application for permission under this section shall be entitled to receive,
at the time of retrenchment, compensation which shall be equivalent to three
months[3*] average pay for every completed year of continuous service or any part
thereof in excess of six months.]
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Source: India Code