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| Home > Indian Bare Acts > INDUSTRIAL DISPUTES (CENTRAL) RULES, 1957 > PART I PROCEDURE FOR REFERENCE OF INDUSTRIAL DISPUTES TO BOARDS OF CONCILIATION, COURTS OF ENQUIRY, LABOUR COURTS, INDUSTRIAL, TRIBUNALS OR NATIONAL TRIBUNALS |
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| INDUSTRIAL DISPUTES (CENTRAL) RULES, 1957 |
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Title : INDUSTRIAL DISPUTES (CENTRAL) RULES, 1957
Year : 1957
Act :
PART I : PROCEDURE FOR REFERENCE OF INDUSTRIAL DISPUTES TO BOARDS OF CONCILIATION, COURTS OF ENQUIRY, LABOUR COURTS, INDUSTRIAL, TRIBUNALS OR NATIONAL TRIBUNALS
3. Application
An application under sub-section (2) of section 10 for the reference of an industrial dispute to a Board, court, Labour Court, Tribunal or National Tribunal shall be made in Form A and shall be delivered personally or forwarded by registered post to the Secretary to the Government of India in the Ministry of Labour and Employment (in triplicate), the Chief Labour Commissioner (Central), New Delhi, and the Regional Labour Commissioner (Central), and the Assistant Labour Commissioner (Central) concerned. The application shall be accompanied by a statement setting forth-
(a) the parties to the dispute;
(b) the specific matters in dispute;
(c) the total number of workmen employed in the undertaking affected;
(d) an estimate of the number of workmen affected or likely to be affected by the dispute; and
(e) the efforts made by the parties themselves to adjust the dispute.
4. Attestation of application
The application and the statement accompanying it shall be signed-
(a) in the case of an employer by the employer himself, or when the employer is an incorporated company or other body corporate, by the agent, manager or other principal officer of the Corporation;
(b) in the case of workmen, either by the President and Secretary of a trade union of the workmen, or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose;
3[(c) in the case of an individual workman, by the workman himself or by any officer of the trade union of which he is a member or by another workman in the same establishment duly authorised by him in this behalf :
PROVIDED that such workman is not a member of a different trade union.
5. Notification of appointment of Board, court, Labour Court, Tribunal or National Tribunal
The appointment of a Board, court, Labour Court, Tribunal or National Tribunal together with the names of persons constituting the Board, court, Labour Court, Tribunal or National Tribunal shall be notified in the Official Gazette.
6. Notice to parties to nominate representatives
(1) If the Central Government proposes to appoint a Board, it shall send a notice in Form B to the parties requiring them to nominate within a reasonable time, persons to represent them on the Board.
(2) The notice to the employer shall be sent to the employer personally, or if the employer is an incorporated company or a body corporate, to the agent, manager or other principal officer of such company or body.
(3) The notice to the workmen shall be sent-
(a) in the case of workmen who are members of a trade union, to the President or Secretary of the trade union; and
(b) in the case of workmen who are not members of a trade union, to any one of the five representatives of the workmen who have attested the application made under rule 3; and in this case a copy of the notice shall also be sent to the employer who shall display copies thereof on notice boards in a conspicuous manner at the main entrance to the premises of the establishment
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