section 5
Offences.
The Haryana Essential Services Maintenance Act, 1974(1) Any person engaged in any employment or class of employment to which this Act applies who— (a) disobeys any lawful order given to him in the course of such employment ; (b) without reasonable excuse abandons such employment or absents himself from work; (c) departs from any area specified in an order made under sub-section (1) of section 4 without the consent of the authority making the order; [(d) himself takes part in instigates or incites other person to take part in, or otherwise acts in furtherance of, any illegal strike; or (e) knowingly expends or supplies any money in furtherance or support of any illegal strike.] shall be guilty of an offence under this Act. Explanation 1.—The fact that a person apprehends that by continuing in his employment he will be exposed to increased physical danger is not a reasonable excuse within the meaning of clause (b). Explanation 2.— A person abandons his employment within the meaning of clause (b) who, notwithstanding that is an express or implied term of his contract of employment that he may get his employment terminated on giving notice to his employer of his intention to do so, abandons his employment without the previous consent of his employer. (2) Any employer of a person engaged in an employment or class of employment declared under section 3 to be an employment to which this Act applies, who without reasonable cause— (a) discontinues the employment of such person; or (b) by closing an establishment in which such person is engaged causes the discontinuance of his employment; shall be guilty of an offence under this Act.
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