(1) Sections 25C to 25E inclusive 4[shall not apply to industrial establishments to which Chapter VB applies, or—]
(a) to industrial establishments in which less than fifty workmen 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 only 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.
5[Explanation.—In this section and in sections 25C, 25D and 25E, “industrial establishment” means—
(i) a factory as defined in clause (m) of section 2 of the Factories Act 1948 (63 of 1948); or
(ii) a mine as defined in clause (i) of section 2 of the Mines Act, 1952 (35 of 1952); or
(iii) a plantation as defined in clause (f) of section 2 of the Plantations Labour Act, 1951 (69 of 1951).]