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Ganga Fertilisers, a factory to which Chapter X of the Industrial Relations Code, 2020 applies, applied…

Under section 79(4), if the appropriate Government does not communicate its order within sixty days of the application, "the permission applied for shall be deemed to have…

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Ganga Fertilisers, a factory to which Chapter X of the Industrial Relations Code, 2020 applies, applied to the appropriate Government for permission to retrench forty workers. The Government did not communicate any order for more than sixty days after the application. What is the legal position?

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Correct answer C

Under section 79(4), if the appropriate Government does not communicate its order within sixty days of the application, "the permission applied for shall be deemed to have been granted" on the expiry of that period. The workers must still get three months' notice or wages in lieu under section 79(1)(a), and compensation of fifteen days' average pay for every completed year of service under section 79(9). Deemed refusal is not provided for.

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