In Uttar Pradesh whether Permission Required for Lay off?
By
M. M. Ahuja
The purposes of this write up is to dissect and discuss if under the provisions of the U. P. Industrial Disputes Act 1947, an industrial establishment is required to seek permission of the State Govt prior to a Lay Off of its workmen. Or whether the provisions of the (Central) Industrial Disputes Act, 1947 would still be applicable.
For the sake of brevity, henceforth the UP Industrial Disputes Act, 1947 would be referred to as the State Act and the Industrial Disputes Act, 1947 (Central Act No. XIV of 1947) as the Central Act.
For a better comprehension of the provisions on “Lay Off let us run through the same in both, the State Act and the Central Act.
In the State Act, Section 2(n) defines: Lay Off (with its grammatical variations or cognate expressions) means the failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulations of stock or break down of machinery, or for other reasons, to give e ....