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If Employer fails to provide alternative employment within
8 Kilometers to workers, rendered jobless due to powercut
and if the power is notified by Government, Employment shall
have to pay 50% of wages to such worker
(a)"Badli
Workman" means a workman who is provided
with a Badli card and who is employed in place of another
workman who is temporarily absent and whose name is borne
on the muster roll of the factory ;
(b) "enrolled
workman" means a workman (whether Badli workman
or permanent or temporary workman) whose name is borne on
the muster roll, or as the case may be in Badli Register of
a factory on the first day of a specified period ;
(c) "factory"
means any premises including percent thereof whereon ten or
more workers are working or were working on any day of the
preceding twelve months, and in any part of which a manufacturing
process is being carried on with the aid of power, or is ordinarily
so carried on but does not include a factory in relation to
industrial disputes concerning which the Central Government
is the appropriate government under the Industrial Disputes
Act, 1947 ;
(d) "Manager"
means the person who is for the time being managing the factory,
and includes any other officer duly authorised by the employer
to act as Manager, such authorisation being notified to the
workmen by displaying it on the notice board of the factory
;
(e) "permanent
workman" means a workman who has been employed
on a permanent basis or whose appointment has been confirmed
in writing by the Manager or by a person duly authorised in
this behalf by the Manager, and includes a workman who has
completed a probationary period of three months in the aggregate
in the same or another occupation in the factory, and an apprentice
who is asked or appointed to work in a post or vacancy of
a permanent workman for the purposes of payment of wages to
him during the period he works on such post or in such vacancy.
(f) "specified
period" means such period including its extension
as the State Government may for the whose State or any part
thereof from time to time by notification in the Official
Gazette, specify in this behalf ;
(g) "temporary
workman" means a workman who has been appointed
in a factory for a limited period for work which is of an
essentially temporary nature or who is employed temporarily
as an additional workman in connection with temporary increase
in work of a permanent nature ;
(h) "unemployment
allowance" means unemployment allowance payable
under section 3;
(i) the expression "workman"
and any other words or expressions used in this Act but not
defined therein shall have the same meanings respectively
assigned to them in the Industrial Disputes Act, 1947.
Any person who commits a breach
of any of the provisions of this Act, shall, on conviction,
be punished with imprisonment for a term which may extend
to six months, or with fine, or with both, and where the breach
is continuing one, with a further fine which may extend to
two hundred rupees for every day during which the breach continues
after the conviction for the first time and the Court trying
the offense, it if fines the offender, may direct that the
whole or any part of the fine realised from him shall be paid
by way of unemployment allowance to any person who in its
opinion has been injured by such breach.
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