Procedure For Closure of An Establishment

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Closure of an Establishment

The detailed procedure for closure of the establishment: 1. Notice as per enclosed draft should be displayed in the Notice Board of the Site Office, simultaneously endorsing copies of the same to all the concerned authorities. Copies of Notice are to be served either by hand or by registered post with acknowledgment due and receipts are to be preserved. 2. The following benefits must be paid on the date preceding to the date of closure to all the workers who will be completing continuous service of one (01) year or more on the day immediately preceding the date of closure. a. One months wage in lieu of notice. b. 15 days average pay of every completed years of continuous service or any part thereof in excess of six months. 3. Notice of retrenchment in Form P (Copy enclosed) must be served by personal service or by registered post within 3 days of the date of retrenchment to the following authorities: a. Secretary to the Government of West Bengal. b. Labour Commissioner, Government of West Bengal. c. Conciliation Officer, West Bengal. d. Employment Officer, West Bengal, Purtha Bhavan, Salt Lake.] 4. Service Certificate in Form XV should be issued to all the workmen in the enclosed format. ** Please note that services of all the workmen employed for job. should be terminated after paying the above benefits. In case, you require services of some of these workmen for other job, you can appoint them afresh. It is also advised that all the workmen should be retrenched on the same date.

Form P (See Rule 76) Form of Notice of Retrenchment to be given by an employer under clause (c) of Section 25F of the Industrial Dispute Act, 1947. Name of the employer: .. Address: Date the.day of ..20 To, The Secretary to the Government of India, Ministry of Labour, New Delhi. Sir, Under clause (c), Section 25-F of the Industrial Dispute Act (14; of 1947), I/we hereby; inform you that I/we have decided to retrench* .workmen with effect from**..for the reason explained in the annexure. 2. The workmen concerned were given on the ** .20.one months notice in writing as required under clause (a) of Section 25-F of the Act. Retrenchment is being effected in pursuance of an agreement, a copy of which is enclosed. The workmen were given on the 20. One months pay in lieu of notice as required under clause (a) of Section 25F of the Act. 3. The total number of workmen employed in the industrial establishment is ***.. and the total number; of those who will be effected by the retrenchment is given below: Category and designation of workmen to be retrenched (1) Employed (2) Number of Workmen To be employed (3)

5. I/we hereby declare that the workman/workmen concerned has/have been/will be paid compensation due to them under Section 25-F of the Act on **,/the expiry of the notice period. Yours faithfully, For. CC to: (1) The Assistant Labour Commissioner (Central), Govt. of India, Ministry of Labour, Chaibasa. Subghum (Near Court), Bihar. CC: The Regional Labour Commissioner (Central), Jagjivan Nagar, Dhanbad, Bihar. CC to: Employment Officer, Employment Exchange

ABC Construction Limited. CAMP: P.O.: Dist.: Ref: Date.

NOTICE The undertaking of the Company was set up at (put the location and address of place of work) for carrying out the construction work of . (put the name of the work) at (put the name of the place), in pursuance of a Contract Agreement arrived at by and between ABC Construction Limited and (Put the name of the client). The work of construction so undertaken, in pursuance of the said contract agreement, having been completed, the service of the workmen employed at the above undertaking are no longer required. In the above circumstance, notice is hereby given to all concerned that the undertaking set up for the construction work as aforesaid, will be closed with effect from.( put the date of closure) and the employment of the workmen employed in the above undertaking by the company whose names along with particulars of their dues are set out in the annexure attached and is being displayed along with the notice, will stand terminated with effect from.( put the date of closure). The workmen whose employment stands terminated in terms of this notice will be paid all their legal dues including one months wages in lieu of notice and compensation in accordance with the provision of Section 25F read with Section 25FFF of the Industrial Dispute Act, 1947. The disbursement of payment of all dues will be made on.. (Put the date of payment which should be one day prior to the date of closure) between . and..(put the time of payment), at .(put the place of payment). The workmen concerned are advised to collect their payment accordingly. For ABC Construction Limited. Site-in-charge Enclosure : as above. Cc to: The Regional Labour Commissioner, Bungalow No. B/2, Doctors Colony, Jagjivan Nagar, Dhanbad-826002. Cc to: The Asst. Labour Commissioner (C) and Conciliation Officer, Govt. of India, Ministry of Labour, Chaibasa, Singbhum (near court), Bihar. Cc to: The Employment Officer, Employment Exchange, Jamshedpur/Chaibasa, Bihar.

XYZ Construction Limited. CAMP: P.O.: Dist.: Ref: Date.

NOTICE The undertaking of the Company was set up at (put the location and address of place of work) for carrying out the construction work of . (put the name of the work) at (put the name of the place), in pursuance of a Contract Agreement arrived at by and between ABC Construction Limited and (Put the name of the client). The work of construction so undertaken, in pursuance of the said contract agreement, having been completed, the service of the workmen employed at the above undertaking are no longer required. In the above circumstance, notice is hereby given to all concerned that the undertaking set up for the construction work as aforesaid, will be closed with effect from.( put the date of closure) and the employment of the workmen employed in the above undertaking by the company whose names along with particulars of their dues are set out in the annexure attached and is being displayed along with the notice, will stand terminated with effect from.( put the date of closure). The workmen whose employment stands terminated in terms of this notice will be paid all their legal dues including one months wages in lieu of notice and compensation in accordance with the provision of Section 25F read with Section 25FFF of the Industrial Dispute Act, 1947. The disbursement of payment of all dues will be made on.. (Put the date of payment which should be one day prior to the date of closure) between . and..(put the time of payment), at .(put the place of payment). The workmen concerned are advised to collect their payment accordingly. For ABC Construction Limited. Site-in-charge Enclosure : as above. Cc to: The Asst. Labour Commissioner (C) and Conciliation Officer, Govt. of West Bengal, Ministry of Labour, New Secretariat, 1 Kiran Sankar Roy Road, Calcutta. Cc to: The Employment Officer, Employment Exchange, Purta Bhawan, Salt Lake Calcutta.

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