Business Environment and Law-Industrial Disputes Act, 1947
Closure - Industrial Disputes Act, 1947
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It means the permanent closing down of a place of employment or part thereof.
Closure
[Sec.2 (Cc)]
It means the permanent closing down of a place of employment or part thereof.
Public Utility Service: ‘The phrase Public Utility Service’ means -
1. Any railway service or any transport service for the carriage of passengers or goods by road, water or air;
2. Any section of an industrial establishment on the working of which the safety of the establishment or the workmen employed therein depends;
3. Any postal, telegraph or telephone service;
4. Any industry which supplies power, light or water to the public;
5. Any system of public conservancy or sanitation;
The distinction between the closure and the lock-out is well settled. In case of a closure, the employer does not merely close down the place of business, but he closes business itself while lock-out indicates the closure of the place of business and not the closure of the business itself. Lock-out means suspension of the work and a discontinuance of the carrying on the business.
If an employer shuts down his place of business as an instrument of coercion, or as mode of exerting pressure on the employees, there would be lock-out. If, on the other hand, he shuts down his work because he cannot, for instance, get the raw materials or because he is unable to sell the goods or because he is losing money, that would not be a lock-out.
It means the permanent closing down of a place of employment or part thereof.
Public Utility Service: ‘The phrase Public Utility Service’ means -
1. Any railway service or any transport service for the carriage of passengers or goods by road, water or air;
2. Any section of an industrial establishment on the working of which the safety of the establishment or the workmen employed therein depends;
3. Any postal, telegraph or telephone service;
4. Any industry which supplies power, light or water to the public;
5. Any system of public conservancy or sanitation;
6. 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 a specified period not
exceeding six months in the first instance. The appropriate government, if
necessary, may extend it from time to time.
Lock-Out And Closure
The distinction between the closure and the lock-out is well settled. In case of a closure, the employer does not merely close down the place of business, but he closes business itself while lock-out indicates the closure of the place of business and not the closure of the business itself. Lock-out means suspension of the work and a discontinuance of the carrying on the business.
If an employer shuts down his place of business as an instrument of coercion, or as mode of exerting pressure on the employees, there would be lock-out. If, on the other hand, he shuts down his work because he cannot, for instance, get the raw materials or because he is unable to sell the goods or because he is losing money, that would not be a lock-out.
Tags : Business Environment and Law-Industrial Disputes Act, 1947
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