No employer shall employ any worker without giving such worker an appointment letter and every such employed worker shall be provided with an identity card with his photograph.  

(1) Every employer shall, at his own cost, provide a service book for every worker employed by him.

(2) Every service book shall be kept in the custody of the employer.

(3) Before employing a worker, the employer shall require him to submit his previous service book, if the worker claims that he has previously worked under any other employer. 

(4) If such worker has any service book, he shall hand over it to the new employer and the new employer shall keep the service book in his own custody giving him a receipt.

(5) If such worker has no service book, a service book shall be provided under sub-section (1).

(6) If the worker desires to keep and maintain a duplicate copy of his service book, he may do so at his own cost.

(7) The employer shall hand over the service book to a worker on the termination of the service of such worker.

(8) If any worker losses the service book which was handed over to him or the copy thereof, the employer shall provide him with a copy of the service book at the cost of such worker.

(9) Nothing in this section shall apply to an apprentice, substitute or casual worker.

(1) A service book shall be maintained of such size and in such form as may be prescribed by rules and a photograph of the worker shall be affixed thereto.

(2) A service book shall contain the following particulars, namely:

(a) name of the worker, names of the mother and father and address of the worker (the name of the spouse shall also be written, where applicable);

(b) date of birth;

(c) special particulars for identification;

1[(cc) designation;

(ccc) department or section;

(cccc) ticket or card;]

(d) if previously employed under any employer, the name and address of that employer;

(e) period of employment;

(f) occupation or designation;

(g) wages and allowance (if any);

(h) leave availed; and

(i) conduct of the worker.

The employer shall at the commencement and during continuance, of the employment of a worker, make such entries therein relating to him from time to time as are required by this Chapter and the rules, and both employer and worker shall put their signatures thereon.

(1) The employer shall maintain a register of workers of his establishment and make it available to the Inspector for inspection at all times during working hours.

(2) The following particulars shall be included in the register of workers, namely:-

(a) name and date of birth of every worker;

1[(aa) names of father and mother of the worker;]

(b) date of appointment;

(c) nature of work;

2[(cc) designation;

(ccc) department of section;

(cccc) ticket or card;]

(d) working hour fixed for him;

(e) interval for rest and meals to which he is entitled;

(f) day of rest to which he is entitled;

(g) group, if any, in which he is included;

(h) where his group works on shifts, the relay to which he is allotted; and

(i) such other particulars as may be prescribed by rules.

(3) If the Inspector is of opinion that the particulars mentioned in sub-section (2) are also recorded in the muster-roll or register maintained routinely in an establishment, he may, by order in writing, direct that such muster-roll or register shall be treated as the register of workers and shall be maintained in lieu thereof.

(4) The Government may, by rules, prescribe the form of the register of workers, the manner in which it shall be maintained and the period for which it shall be preserved.

(5) The employer shall supply tickets or cards to every worker in the following manner, namely :-

(a) every permanent worker shall be provided with a permanent departmental ticket mentioning his number;

(b) every substitute worker shall be provided with a substitute card in which the days for which he has worked shall be entered and it shall be surrendered if and when he gets permanent employment;

(c) every temporary worker shall be provided with a temporary ticket which shall be surrendered on his leaving the job or getting a permanent employment;

(d) every casual worker shall be provided with a casual card in which the days for which he has worked shall be entered; and (e) every apprentice shall be provided with an apprentice card which shall be surrendered on his leaving the training or getting a permanent employment. 

(1) A worker who desires to obtain leave of absence shall apply to his employer in writing and shall state therein his address during leave. 

(2) The employer or an officer authorized by him shall issue an order within 7 (seven) days of receipt of the application or 2 (two) days prior to the commencement of leave applied for, whichever is earlier: 

Provided that if due to any urgent reasons the leave applied for is to commence on the date of application or within 3 (three) days thereof, such order shall be given on the day of receipt of the application. 

(3) If the leave asked for is granted, a leave pass shall be issued to the worker. 

(4) If the leave asked for is refused or suspended, the fact of such refusal or postponement and the reasons thereof shall be communicated to the worker before the date on which the leave would have expected to be commenced and it shall be recorded in the register maintained for the purpose. 

(5) If any worker, after he went on leave, desires an extension thereof, he shall, if such leave is due to him, apply 1[in writing by registered post before reasonable time] of the expiry of the leave to the employer who shall send a written reply either of granting or of refusing the extension of leave to the worker to his leave-address.

If the service of a worker terminates, due to retrenchment, discharge, removal, dismissal, retirement, resignation or any other reason and any annual leave is due to him, the employer shall pay him wages in lieu of the unavailed leave at the rate he is entitled to the payment of wages during the period of leave in accordance with the provisions of this Act.

(1) An employer may, at any time, if necessary in the event of fire, sudden catastrophe, breakdown of machinery, stoppage of power supply, epidemics, wide spread riots or any other cause beyond his control, stop any section or sections of his establishment, wholly or partly, for such period as the cause for such stoppage continues to exist.

(2) If such order of stoppage is given after the working hours has ended, the employer shall notify the concerned workers relating thereto, by a notice posted or hung the notice board in the section concerned or at a conspicuous place before the next working hour begins.

(3) A notice under sub-section (2) shall contain direction as to when the work shall be resumed and whether such workers are to remain at their place of work at any time before the resumption of work.

(4) In the event of such stoppage occurs during working hours, the employer shall, as soon as practicable, notify the workers concerned relating thereto by a notice in the manner specified in sub-section (2) and such notice shall contain direction as to when the work shall be resumed and whether such workers are to remain at their place of work.

(5) Where workers are directed to stay at their place of work following such stoppage, the staying workers may not get wages, if the period of their stay does not exceed 1 (one) hour, and if it exceed 1 (one) hour they shall get wages for the whole period of their stay.

(6) If the period of stoppage of work does not exceed 1 (one) working day, a worker, unless entitled to wages under sub-section (5), may not get any wages.

(7) If the period of stoppage of work continues for more than 1 (one) working day, every concerned worker, other than a casual or substitute worker, shall be paid wages for all stopped working days exceeding 1 (one) day.

(8) If the period of stoppage of work exceeds 3 (three) working days, the workers concerned shall be laid off in accordance with the provisions of section 16.

(9) The lay-off mentioned in sub-section (8) shall be effective from the first day of stoppage of work, and any wage paid to a worker for the first 3 (three) days may be adjusted against the compensation payable to such worker for the period of such lay-off.

(10) If any piece-rate worker is affected due to stoppage of work, his average daily earning in the previous month shall be taken to be the daily wage for the purpose of sub-section (9).

(1) An employer may, in the event of an illegal strike in any section or department of any establishment, close down either wholly or partly such section or establishment and in cases of such closure the workers participated in the strike shall not be paid any wages.

(2) Where by reason of closing down of any section or department of any establishment under sub-section (1) any other section or department is so affected that it is not possible to keep that section or department open, that section or department may also be closed down and the workers affected thereby shall be paid wages equal to the amount of compensation payable in the case of lay-off up to a period of 3 (three) days and for any period exceeding thereto may not get any wages.

(3) The employer shall notify the fact of such closure, as soon as practicable, by a notice posted or hung on the notice board in the section or department concerned or at a conspicuous place in the establishment and the fact of resumption of work shall likewise be notified.

(1) For the purposes of this Chapter, a worker who, during the preceding 12 (twelve) calendar months, has actually worked in an establishment for not less than 240 (two hundred and forty) days or 120 (one hundred and twenty) days, shall be deemed to have completed “1 (one) year” or “6 (six) months” respectively of continuous service in that establishment.

(2) For the purpose of calculation of the number of days a worker actually worked in an establishment mentioned in sub-section (1), the following days shall also be counted, namely:

(a) the days of his laid-off;

(b) the days of his leave with or without wages due to sickness or accident;

(c) the days of out of work due to legal strike or illegal lock-out;

(d) in the case of female worker, maternity leave not exceeding 16 (sixteen) weeks.

(3) For the purposes of calculation of compensation under section 19, 20 or 23 or of wages under section 22, 23, 26 or 27, “wages” shall mean the average of the basic wages and dearness allowance and ad-hoc or interim wages, if any, paid to a worker during the period of 12 (twelve) months immediately preceding the date of his retrenchment, dismissal, removal, discharge, retirement or termination of employment, as the case may be.

Notwithstanding anything contained elsewhere in this Chapter, the provisions of sections 12, 16, 17 and 18 shall not apply to any establishment where at least 5 (five) workers are not employed or were not employed during the preceding 12 (twelve) months. 

(1) Whenever a worker, other than a substitute or casual worker, whose name is on the muster-rolls of an establishment and who has completed at least 1 (one) year of service under the employer is laid-off, he shall be paid compensation by the employer for all days during which he is so laid-off, except for weekly holidays.

(2) The amount of compensation mentioned in sub-section (1) shall be equal to half of the total of the basic wages and dearness allowance and ad-hoc or interim wages, if any, and equal to the full amount of housing allowance that would have been payable to him if he had not been so laid-off.

(3) A substitute worker whose name is on the muster-rolls of an establishment shall not be treated as substitute for the purpose of this section, if he has completed one year of continuous service in that establishment.

(4) Unless there is an agreement to the contrary between the worker and the employer, no worker shall be entitled to the payment of compensation under this section for more than 45 (forty-five) days during any calendar year.

(5) Notwithstanding anything contained in sub-section (4), if during a calendar year any worker is laid-off for more than 45 (forty-five) days, whether continuously or intermittently, and after the expiry of such 45 (forty-five) days the period of lay-off is extended for further 15 (fifteen) days or more, the worker shall, unless there is an agreement to the contrary between the worker and the employer, be paid compensation for every subsequent period of lay-off for 15 (fifteen) days or more.

(6) The amount of compensation mentioned in sub-section (5) shall be equal to one-fourth of the total of the basic wages and dearness allowance and ad-hoc or interim wages, if any, and equal to the full amount of housing allowance, if any.

(7) In any case, during a calendar year, if a worker is to be laid-off after the first 45 (forty-five) days as aforesaid, for any continuous period of 15 (fifteen) days or more, the employer may, instead of lying off such worker, retrench him under section 20.

Notwithstanding that the workers employed in an establishment are laid-off, the employer shall maintain a muster-roll, and cause to be recorded therein the names of those who may, from amongst the laid-off workers, present themselves for work at the establishment during normal working hours1[:] 2[Provided that the muster-roll shall not be maintained in any other manner nor any worker shall be employed on master roll.] 

(1) Notwithstanding anything contained elsewhere in this Chapter, no compensation shall be payable to a worker who has been laid-off, if he-

(a) refuses to accept on the same wages, any alternative employment not requiring any skill or previous experience in the same establishment or in any other establishment belonging to the same employer and situated in the same town or village or situated within 8 (eight) kilometers of the establishment;

(b) does not present himself for work at the establishment at the appointed time during normal working hours at least once a day if so required by the employer.

(2) For the purpose of sub-section (1) (b), a laid-off worker who presents himself for work at the establishment at the appointed time during normal working hours on any day and is not given employment within 2 (two) hours of his so presenting himself, shall be deemed to have been laid-off for that day within the meaning of this section.

(3) If a laid-off worker who presents himself for work as mentioned in sub-section (2), is, instead of being given employment at the commencement of any shift for any day, asked to present himself for the purpose during the second half of the shift for that day, and accordingly presents himself for work, he shall be deemed to have been laid-off only for one-half of that day, the other half being treated as on duty, irrespective of the fact whether he is given work or not. 

If a worker dies while in service for at least more than 02 (two) years continuously under an employer, such employer shall pay as compensation 30 (thirty) days wages or, in the case of his death while working in the establishment or in the case of his death following an accident while working in the establishment 45 (forty five) days wages for every competed year of his service or any part thereof exceeding 6 (six) months or gratuity, whichever is higher, to the nominee of the deceased worker or, in the absence of the nominee, to his dependent and this money shall be in addition to the retirement benefit to which the deceased worker would have been entitled had he retired from service.

(1) Any worker may be retrenched from service of any establishment on the ground of redundancy.

(2) If any worker has been in continuous service under an employer for not less than 1 (one) year, the employer, in the case of retrenchment of such worker, shall-

(a) give him 1 (one) month’s notice in writing mentioning the reasons for his retrenchment or, in lieu of such notice pay him wages for the period of notice;

(b) send a copy of the notice to the Chief Inspector or any other officer specified by him, and another copy to the collective bargaining agent of the establishment, if any; and

(c) pay him as compensation 30 (thirty) days’ wages for his every year of service or gratuity, if any, whichever is higher.

(3) Notwithstanding anything contained in sub-section (2), in the case of retrenchment under section 16(7), no notice mentioned in sub-section (2) (a) shall be necessary; but the worker so retrenched shall be paid further 15 (fifteen) days’ wages, in addition to the compensation or gratuity, which may be payable to him under sub-section (2) (c).

(4) Where a worker of any particular category is required to be retrenched, the employer shall, in the absence of any agreement between him and the worker in this behalf, retrench the worker who was the last person to be employed in that category.

21. Where any worker is retrenched and the employer intends to employ again any worker within a period of one year of such retrenchment, the employer shall send a notice to the last known address of the retrenched worker asking him to apply for employment, and any worker who applies for re-employment in response to such request shall be given preference, and if more than one such retrenched workers apply, preference shall be given on the basis of their seniority in their previous services.

22. (1) A worker may be discharged from service for reasons of physical or mental incapacity or continued ill-health certified by a registered medical practitioner.

(2) If a discharged worker completes not less than one year of continuous service he shall be paid by the employer, as compensation, 30 (thirty) days’ wages for his every year of service, or gratuity, if payable, whichever is higher.

23. (1) Notwithstanding anything contained as to lay-off, retrenchment, discharge and termination of service elsewhere in this Act, a worker may be dismissed without a notice or without wages in lieu of a notice if he is-

(a) convicted of any criminal offence; or

(b) found guilty of misconduct under section 24.

(2) A worker found guilty of misconduct may, instead of being dismissed under sub-section (1), under any extenuating circumstances, be awarded any of the following punishments, namely:-

(a) removal;

(b) reduction to a lower post, grade or scale of pay for a period not exceeding 1 (one) year;

(c) stoppage of promotion for a period not exceeding 1 (one) year;

(d) withholding of increment for a period not exceeding 1 (one) year;

(e) fine;

(f) suspension without wages or without subsistence allowance for a period not exceeding 7 (seven) days;

(g) censure and warning.

1[(3) A worker who is dismissed under sub-section (2)(a) shall, if the period of his continuous service is not less than 1 (one) year, be paid by the employer as compensation 15 (fifteen) days wages for every completed year of his service: Provided that no worker shall be entitled to any compensation if he is dismissed for misconduct under sub-section (4)(b) and (g); but in such case, the worker concerned shall get other lawful dues as usual.]

(4) The following acts shall be treated as misconduct, namely:-

(a) willful disobedience, whether alone or in combination with others to any lawful or reasonable order of a superior;

(b) theft,1[misappropriation,] fraud or dishonesty in connection with business or property of the employer;

(c) taking or giving bribe in connection with his or any other worker's employment under the employer;

(d) habitual absence without leave or absence for more than 10 (ten) days at a time without obtaining leave;

(e) habitual late attendance;

(f) habitual breach of any law or rule or regulation applicable to the establishment;

2[(g) disorderliness, riot, arson or breakage in the establishment;];

(h) habitual negligence in work;

(i) habitual breach of any rule relating to employment, including discipline or conduct, approved by the Chief Inspector;

(j) altering, forging, wrongfully changing, damaging or causing lose to employer's official records.

(5) If a worker dismissed under sub-section (1) (a), is acquitted on an appeal, he shall be reinstated to his original post or shall be appointed to a suitable new post; and if any of them is not possible, he shall be paid compensation at a rate equal to the rate of compensation payable to a discharged worker, deducting the amount of compensation already paid to him for his dismissal.

24. (1) No order of punishment under section 23 shall be made against a worker unless-

(a) the allegation against him is recorded in writing;

(b) he is given a copy of the allegation and a period of at least 7 (seven) days is given to explain;

(c) he is given an opportunity of being heard;

1[(d) he is found guilty after an enquiry made by the enquiry committee consisting of equal number of representatives of the employer and the worker: Provided that such enquiry shall be concluded within 60 (sixty) days.]

(e) the employer or the manager approves the order of dismissal.

(2) A worker charged for misconduct may be suspended pending enquiry into the charge and, unless the matter is pending before any Court, the period of such suspension shall not exceed 60 (sixty) days: 2[Provided that during the period of such suspension, a worker shall be paid by his employer subsistence allowance and he shall get other allowances in full.]

(3) An order of suspension shall be in writing and shall take effect immediately on delivery to the worker.

(4) In an enquiry, the accused worker may be 3[assisted] by any person employed in his establishment and nominated by him.

(5) If in an enquiry, any oral evidence is given by any party, the person against whom such evidence is given may cross examine the witness.

(6) If, on enquiry, a worker is found guilty and is punished under section 23 (1), he shall not be entitled to his wages for the period of suspension, but he shall be entitled to the subsistence allowance for such period.

(7) If, on enquiry the charge against the worker is not proved, he shall be deemed to have been on duty in the period of suspension and shall be paid his wages for such period with adjustment of the subsistence allowance already paid.

(8) In case of awarding punishment, a copy of the order of punishment shall be supplied to the worker concerned. (9) If a worker refuses to accept any notice, letter, statement of allegation, order or any other papers sent to him by the employer, it shall be understood to have been delivered to him, if a copy thereof is exhibited on the notice board and another copy is sent by registered post to the address of the worker obtained from the records of the employer.

(10) In awarding any punishment the employer shall take into account the previous record of the worker concerned, the 1[importance of the offence, credit and contribution during service]and existing any other special circumstances.

25. Special provisions relating to fine.- (1) No fine exceeding - (one-tenth) of the wages payable to a worker in a wage-period shall be imposed on any worker.

(2) No fine shall be imposed on a worker who is under the age of 15 (fifteen) years.

(3) No fine imposed on any worker shall be recovered from him by installments or after the expiry of 60 (sixty) days from the date on which it was imposed.

(4) Every fine shall be deemed to have been imposed on the day of the commission of the offence in respect of which it was imposed.

(5) All fines and all realizations thereof shall be recorded by the employer in a register prescribed by rules and all fines realized shall be spent only for the welfare of the workers employed in the establishment. 

26. Termination of employment of worker by an employer otherwise than by dismissal, etc.- (1) The employment of a permanent worker may be terminated by an employer, otherwise than in the manner provided elsewhere in this Chapter, by giving him a notice in writing, of-

(a) 120 (one hundred and twenty) days, if he is a monthly rated worker;

(b) 60 (sixty) days, in case of other workers.

(2) The employment of a temporary worker may be terminated by an employer, otherwise than in the manner provided elsewhere in this Chapter, and if it is not due to the completion, cessation, abolition or discontinuance of the temporary work for which he was appointed, by giving him a notice in writing, of-

(a) 30 (thirty) days, if he is a monthly rated worker;

(b) 14 (fourteen) days, in case of other worker.

(3) Where an employer intends to terminate the employment of a worker without any notice, he may do so by paying the worker wages for the period of notice, in lieu of the notice, under sub-section (1) or (2).

(4) Where the employment of a permanent worker is terminated under this section, he shall be paid by the employer compensation at the rate of 30 (thirty) days wages for his every completed year of service or gratuity, if payable, whichever is higher, and this compensation shall be in addition to any other benefit which is payable to such worker under this Act. 

27. (1) A permanent worker may resign his service by giving the employer 60 (sixty) days notice in writing.

(2) A temporary worker may resign his service by giving the employer a notice, in writing, of-

(a) 30 (thirty) days, if he is a monthly rated worker;

(b) 14 (fourteen) days, in case of other workers.

(3) Where a worker intends to resign his service without any notice, he may do so by paying the employer an amount equal to the wages for the period of notice, in lieu of notice under sub-section (1) or (2).

1[(3A) Notwithstanding anything contained in sub-section (3), if a worker remains absent from his work place for more than 10 (ten) days without notice or permission, the employer shall serve him a notice to explain the reason of his absent and join the service within 10 (ten) days and, in such case, if the worker does not submit any written explanation or join the service within the stipulated time, the employer shall give him further 7 (seven) days time to defend himself, and thereupon if the worker does not join the service or defend himself, he shall be deemed to have been released from service on and from the date of such absence.]

(4) Where a permanent worker resigns his service under this section, he shall be paid by the employer compensation,- (a) at the rate of 14 (fourteen) days’ wages for his every completed year of service, if he completes 5 (five) years of continuous service or more but less than 10 (ten) years under the employer; (b) at the rate of 30 (thirty) days’ wages for every completed year of service if he completes 10 (ten) years of continuous service or more under the employer; or gratuity, if payable, whichever is higher, and this compensation shall be in addition to any other benefit payable to such worker under this Act. 

28. (1) Notwithstanding anything contained elsewhere in this Chapter, a worker employed in any establishment shall, ipso facto, retire from employment on the completion of 1 [60 (sixty)] years of his age.

(2) For the purpose of counting age of a worker under this section, the date of birth recoded in the service book of that worker shall be the conclusive proof.

(3) Every retiring worker shall be paid the dues receivable by him under the provisions of section 26(4) or under the service rules of the establishment.

(4) Any authority may, if it thinks fit, employ later on a retiring worker under contract.

28A. Notwithstanding anything contained in this Chapter, if, for sudden natural disaster or any other disaster which is beyond human control or for urgent necessity, any industry is shifted or production of any industrial establishment is permanently closed, the Government may determine the employer and worker relations in such manner as may be prescribed by rules.

29. If a worker is a member of any Provident Fund and is entitled to any benefit from such Fund including the employer’s contribution under the rules of the Fund, he shall not be deprived of such benefit due to retrenchment, discharge, dismissal, retirement, removal or termination of service.

30. Where the employment of a worker ceases due to retirement, discharge, retrenchment, dismissal, termination or any other reason, . all amounts due to him shall be paid by the appointing authority within a maximum period of 30 (thirty) working days following the date of cessation of his employment.

31. Every worker, other than a casual or substitute worker, shall be entitled to get a certificate relating to service from his employer at the time of his retrenchment, discharge, dismissal, removal, retirement or termination of service

32. (1) A worker, whose service has been ceased by whatever means, shall vacate the residential accommodation allotted to him by the employer within the period of 60 (sixty) days from the date of cessation of employment.

(2) If a worker does not vacate the residential accommodation within such period, the employer may make a complaint against him to the Labour Court1[:] 2[Provided that no worker shall be evicted from his residential accommodation without paying him all his dues.]

(3) On hearing both the parties, the Court shall summarily try the case and may direct the said worker to vacate the residential accommodation within a reasonable time.

(4) The Court may, if necessary, direct a police officer to evict such worker, by force, in case he fails to quit residential accommodation within the time specified by the Court.

(5) The police officer, who is directed by the Court under sub-section (4), shall inform the occupants of the accommodation the summary of the order of the Court and his intention to enter into such accommodation, and shall allow them at least 6 (six) hours time to vacate the accommodation, and shall give all possible facilities to the children to come out before applying force for taking over possession of such accommodation.

33. (1) Any worker including a worker who has been laid-off, retrenched, discharged, dismissed, removed, or otherwise terminated from employment, who has any complaint in respect of anything under this Chapter, and intends to get redress thereof under this section, shall 3[send] his complaint in writing to his employer, by registered post within 30 (thirty) days of being informed of the cause of such complaint: Provided that if the appointing authority accepts the complaint directly and acknowledges the receipt thereof in writing, such complaint shall not be required to be sent by registered post.

(2) The employer shall within 4[30 (thirty)] days of receipt of the complaint, make enquiry into the complaint and shall after giving the concerned worker an opportunity of being heard, communicate him in writing his decision thereon.

(3) If the employer fails to give any decision under sub-section (2), or if the concerned worker is dissatisfied with such decision, he may submit a complaint in writing, to the Labour Court within 30 (thirty) days from the date of expiry of the period mentioned in sub-section (2) or, as the case may be, within 30 (thirty) days from the date of the decision of the employer.

(4) The Labour Court shall, on receipt of the complaint, give notice to both the parties and hear their statement on the complaint, and considering the circumstances of the case shall pass such order as it may deem just.

(5) The Labour Court, may, by an order passed under sub-section (4), amongst other reliefs, direct for reinstatement of the complainant in service, with or without arrear wages and convert the order of dismissal, removal or discharge to any minor punishment specified in section 23(2).

(6) Any person aggrieved by an order of the Labour Court, may, within thirty days of the order, prefer an appeal to the Tribunal, and the decision of the Tribunal on such appeal shall be final.

(7) No Court-fee shall be payable for making any complaint or preferring an appeal under this section.

(8) No complaint under this section shall amount to a criminal prosecution under this Act.

(9) Notwithstanding anything contained in this section, no complaint shall lie against an order of termination of employment under section 26, unless such order is alleged to have been made for his trade union activities or passed with an ill motive or unless the worker concerned has been deprived of the benefits specified in that section.