(1)

Sections 67 to 69 (both inclusive) shall not apply to industrial establishments to which Chapter X applies; or

(a) to industrial establishments in which less than fifty workers on an average per working day have been employed in the preceding calendar month; or

(b) to industrial establishments which are of a seasonal character or in which work is performed intermittently.

(2)

If a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate Government thereon shall be final.

Explanation. - In this section and in sections 67, 68 and 69, industrial establishment shall mean a -

(i) factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948); or

(ii) mine as defined in clause (j) of sub-section (1) of section 2 of the Mines Act, 1952 (35 of 1952); or

(iii) plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951).