VOL. LVI. No. 9 TUESDAY, 16th JUNE, 2020 / 26th JYAISTHA, 1942 (SAKA)
PRICE : 75 PAISE
GOVERNMENT OF INDIA
LAKSHADWEEP ADMINISTRATION
DIRECTORATE OF LABOUR, EMPLOYMENT & TRAINING
Kavaratti Island,
Dated : 11-06-2020.
PUBLIC NOTICE
F.No. 6/9/2012-EEL :- The following draft Notification proposed to be issued, as
required by sub- section (1) Section 15 of the Industrial Employment (Standing Orders) Act,
1946 (20 of 1946), is hereby published for the information of all persons likely to be
affected thereby.
Notice is hereby given that the draft notification will be taken for consideration on or after
expiry of 30 days from the date of publication of this notification in the Gazette. Any objection or
suggestion that may be received from any person with respect to the said draft notification
before expiry of the aforesaid period will be taken into considration by the Administrator,
Union Territory of Lakshadweep, Objections or suggestions shall be, if any addressed to the
Secretary, Labour, Employment & Training, Union Territory of Lakshadweep.
DRAFT NOTIFICATION
1. (1) These rules may be called the Lakshadweep Industrial Employment (Standing
Orders) Central (Amendment) Rules, 2020.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Industrial Employment (Standing Orders) Act, 1946 (20 of 1946), in Schedule,
in item 1, for the words “fixed term employment workmen in apparel manufacturing sector”,
the words “fixed term employment” shall be substituted:
3. In the Lakshadweep Industrial Employment(Standing Orders) Rules,
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
2
(a) After rule 3, the following rule shall be inserted, ‘namely:
“(3A) No employer of an industrial establishment shall convert the posts of the permanent
workmen existing in his industrial establishment on the date of commencement of the Industrial
Employment (Standing Orders) (amendment) Rules, 2020 as fixed term employment thereafter”.
(b)
In rule 5, for item (6A) and the entries relating thereto, the following item and
entries shall be substituted, namely:
“(6A) Number of fixed term employment workmen”
(c) In Schedule 1,-
(i) In paragraph 2,-
(A) in sub-paragraph (a), for item (3A) and the entries relating thereto, the
following item and entries shall be substituted, namely :-
“(3A) fixed term employment workmen”;
(B) for sub-paragraph (h), the following sub-paragraph shall be substituted namely :-
‘(h) A “fixed term employment workman” is a workman who has been engaged on
the basis of a written contract of employment for a fixed period:
Provided that -
(a) his hours of work, wages, allowances and other benefits shall not be less than that
of a permanent workman; and
(b) he shall be eligible for all statutory benefits lavailable to a permanent workman
proportionately according to the period of service rendered by him even if his period of
employment does not extend to the qualifying period of employment required in the statute’.;
(ii) in paragraph 13, for sub-paragraph (b), the following sub paragraph shall be
substituted, namely:-
“(2) Subject to the provisions of the Industrial Disputes Act, 1947 (14 of 1947),-
(i)
no notice of termination of employment shall be necessary in the case of temporary
workman whether monthly rated, weekly rated or piece rated an probationers or badli
workmen; and
(ii)
no workman employed on fixed term employment basis as a result of
non-renewal of contract or employment or on the expiry of such contract period without it
being renewed, shall be entitled to any notice or pay in lieu thereof, if his services are terminated:
THE LAKSHADWEEP GAZETTE EXTRAORDINARY
3
Provided that the services of a temporary workman shall not be terminated as a
punishment unless he has been given an opportunity of explaining the charges of misconduct
alleged against him in the matter prescribed in paragraph 14.”; (d) (i) in Schedule 1A,
in paragraph 3,-
(A) in sub-paragraph (a), after item (iii), the following item shall be inserted, namely:-
“(iiia) fixed term employment;”;
(B) after sub-paragraph (d), the following sub-paragraph shall be inserted, namely:- ‘(da)
A “fixed term employment” workman is a workman who has been engaged on the basis of a
written contract of employment for a fixed period:
Provided that -
(a) his hours of work, wages, allowances and other benefits all not be less than that of
a permanent workman
(b) he shall be eligible for all statutory benefits available to a permanent workman
proportionately according to the period of service rendered by him even if his period of
employment does not extend to the qualifying period of employment required in the statute.’;
(ii) in paragraph 13, for sub-paragraph (b), the following sub-paragraph shall be
substituted, namely:-
“(b) Subject to the provisions of the Industrial Disputes Act, 1947 (14 of 1947),-
(i)
no notice of termination of employment shall be necessary in the case of temporary and
badli workmen; and
(ii) no workman employed on fixed term employment basis as a result of non-renewal of
contract or employment or on the expiry of such contract period without it being renewed, shall
be entitled to any notice or pay in lieu thereof, if his services are terminated;
Provided that a temporary workman, who has completed three months continuous service,
shall be given two weeks’ notice of the intention to terminate his employment if such termination is not
in accordance with the terms of the contract of his employment;
Provided further that when the services of a temporary workman, who has not completed
three month’s continuous service, are terminated before the completion of the term of
employment given to him, he shall be informed of the reasons for termination in writing and
when the services of a badli workman are terminated before the return to work of the permanent
incumbent or the expiry of his (badli’s) term of employment, he shall be informed of the reasons
for such termination in writing.”
Sd/-
(DINESHWAR SHARMA)
Administrator
Union Territory of Lakshadweep.
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4
GOVERNMENT OF INDIA
LAKSHADWEEP ADMINISTRATION
DEPARTMENT OF TRAINING
(SKILL DEVELOPMENT AND ENTREPRENEURSHIP)
[STATE APPRENTICESHIP MONITORING CELL]
Kavaratti Island,
Dated : 12-06-2020.
NOTIFICATION
F. No.8/2/2017-ITI (1) :- In exercise of power conferred under sub-section (1), (2) & (3)
of Section 26 of the Apprentices Act 1961 (Act 52 of 1961), the Hon’ble Administrator, Union
Territory of Lakshadweep is hereby designate the Director (LE&T), Union Territory of
Lakshadweep as the State Apprenticeship Advisor, Union Territory of Lakshadweep for enforcing
and implementing the Apprentices Act 1961 and Apprenticeship Training Scheme(s) envisaged
by the Ministry of Skill Development & Entrepreneurship (MSDE), Directorate General of Training
(DGT) in the Union Territory of Lakshadweep.
The Notification will take immediate effect.
Sd/-
(DINESHWAR SHARMA)
Administrator
Union Territory of Lakshadweep.
GOVERNMENT OF INDIA
LAKSHADWEEP ADMINISTRATION
DEPARTMENT OF TRAINING
(SKILL DEVELOPMENT AND ENTREPRENEURSHIP)
[STATE APPRENTICESHIP MONITORING CELL]
Kavaratti Island,
Dated : 12-06-2020.
NOTIFICATION
F. No.8/2/2017-ITI (2) :- In exercise of power conferred under sub-section (1) of Section
27 of the Apprentices Act 1961 (Act 52 of 1961), the Hon’ble Administrator, Union Territory of of
Lakshadweep is hereby designate Shri Ar. D.A Sadiqu Ali, Principal, ITI as Deputy State
Apprenticeship Advisor, Union Territory of Lakshadweep for enforcing and implementing the
Apprentices Act 1961and Apprenticeship Training Scheme envisaged by the Ministry of Skill
Development & Entrepreneurship (MSDE), Directorate General of Training (DGT) in the Union
Territory of of Lakshadweep.
The Deputy State Apprenticeship Advisor, Union Territory of Lakshadweep shall be the
Controlling Authority in respect of Staff deployed under the State Apprenticeship Monitoring
Cell (SAMC) and shall exercise the Power of Entry, Inspection etc. as conferred under
sub-section (1) and (2) of Section 29 of the Apprentices Act, 1961 in Union Territory of
Lakshadweep.
The Notification will take immediate effect.
Sd/-
(DINESHWAR SHARMA)
Administrator
Union Territory of Lakshadweep.
LGP.Kvt. G-332/6-20/50