Cap. 210 Art. 15Compulsory employment of registered persons.

(1) Any person to whom this article applies shall give employment to such number of registered persons as is his quota in accordance with the provisions of article 16:

Provided that any person to whom, on the coming into operation of this Act, this article applies, shall (if needs be) comply with the provisions of this sub-article as and when vacancies occur.

(2) A person to whom this article applies shall not at any time take, or offer to take, into his employment any person other than a registered person, if, immediately after the taking in of that person, the number of registered persons in his employment (excluding persons employed by him in an employment of a class at that time designated under article 19) would be less than his quota.

(3) The provisions of sub-article (2) shall not apply to a person

(4) The provisions of sub-article (2) shall not apply to a person taking, or offering to take, into his employment any person in accordance with a permit issued in that behalf by the Minister under the provisions of article 18.

(5) A person to whom this article applies who for the time being has in his employment a registered person shall not, unless he has good and sufficient cause, discontinue the employment of that person if, immediately after such discontinuance, the number of registered persons in his employment (excluding persons employed by him in an employment of a class at that time designated under article 19) would be less than his quota: Provided that this sub-article shall not have effect if, immediately after such discontinuance, the employer would no longer be a person to whom this article applies:

Provided further that an employer may not set up as a good and sufficient cause -

(a) that such registered person is a member of a trade union; or

(b) that such registered person no longer enjoys the employer’s confidence.

(6) A prosecution for a contravention of sub-article (5) shall not be instituted against any person unless -

(a) the matter has been referred to the Authority;

(b) the Authority, before considering the matter, has notified such person so as to give him an opportunity of making, within a period not shorter than seven days from the sending or giving of the notification to him, such oral or written representations to the Authority as he may desire; and

(c) the Authority has made a report to the Corporation.

(7) Where any proceedings are taken under sub-article (5), it shall not be necessary to prove compliance with the provisions of the last preceding sub-article but, if the chairperson pleads non-compliance therewith, a certificate signed by the chairman or by the deputy chairperson of the Authority to the effect that those provisions have been complied with shall be sufficient and conclusive evidence thereof.

(8) This article applies to any person who for the time being has, or would in accordance with his normal practice have, in his employment not less than twenty (20) persons.