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| Home > Indian Bare Acts > INDUSTRIAL DISPUTES (CENTRAL) RULES, 1957 > PART VIII MISCELLANEOUS |
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| INDUSTRIAL DISPUTES (CENTRAL) RULES, 1957 |
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Title : INDUSTRIAL DISPUTES (CENTRAL) RULES, 1957
Year : 1957
Act :
PART VIII :MISCELLANEOUS
58. Memorandum of settlement
(1) A settlement arrived at in the course of conciliation proceedings or otherwise, shall be in Form ‘H’.
(2) The settlement shall be signed by -
(a) in the case of an employer, by the employer himself, or by his authorised agent, 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 the workmen, by any officer 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;
(c) in the case of the workman in an industrial dispute under section 2A of the Act, by the workman concerned.
Explanation: In this rule officer means any of the following officers, namely:
(a) the President;
(b) the Vice-President;
(c) the Secretary (including the General Secretary)
(d) a Joint-Secretary;
(e) any other officer of the trade union authorised in this behalf by the President and Secretary of the union.
(3) Where a settlement is arrived at in the course of conciliation proceeding the Conciliation Officer shall send a report thereof to the Central Government together with a copy of the memorandum of settlement signed by the parties to the dispute.
(4) Where a settlement is arrived at between an employer and his workmen otherwise than in the course of conciliation proceeding before a Board or a Conciliation Officer, the parties to the settlement shall jointly send a copy thereof to the Central Government, the Chief Labour Commissioner (Central), New Delhi, and the Regional Labour Commissioner (Central) and to the Assistant Labour Commissioner (Central) concerned.
59. Complaints regarding change of conditions of service, etc.
(1) Every complaint under section 33A of the Act shall be presented in triplicate in Form ‘I’ and shall be accompanied by as many copies of the complaint as there are opposite parties to the complaint.
(2) Every complaint under sub-rule (1) shall be verified at the foot by workmen making it or by some other person proved to the satisfaction of the Labour Court, Tribunal or National Tribunal to be acquainted with the facts of the case.
(3) The person verifying shall specify, by references to the numbered paragraphs of the complaint, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.
(4) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.
60. Application under section 33
(1) An employer intending to obtain the express permission in writing of the Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal, as the case may be, under sub-section (1) or sub-section (3) of section 33 shall present an application in Form ‘J’ in triplicate to such Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal and shall file along with the application as many copies thereof as there are opposite parties.
(2) An employer seeking the approval of the Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal, as the case may be, of any action taken by him under clause (a) or clause (b) of sub-section (2) of section 33 shall present an application in Form ‘K’ in triplicate to such Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal and shall file along with the application as many copies thereof as there are opposite parties.
(3) Every application under sub-rule (1) or sub-rule (2) shall be verified at the foot by the employer making it or by some other person proved to the satisfaction of the Conciliation officer, Board, Labour Court, Tribunal or National Tribunal to be acquainted with the facts of the case.
(4) The person verifying shall specify by reference to the numbered paragraphs of the application, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.
(5) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.
61. Protected workmen
(1) Every registered trade union connected with an industrial establishment, to which the Act applies, shall communicate to the employer before the 18[30th April] every year, the names and addresses of such of the officers of the union who are employed in that establishment and who, in the opinion of the union should be recognised as protected workmen. Any change in the incumbency of any such officer shall be communicated to the employer by the union within fifteen days of such change.
(2) The employer shall, subject to section 33, sub-section (4) recognise such workmen to be protected workmen for the purposes of sub-section (3) of the said section and communicate to the union, in writing, within fifteen days of the receipt of the names and addresses under sub-rule (1), the list of workmen recognised as protected workmen 18[for the period of twelve months from the date of such communication.]
(3) Where the total number of names received by the employer under sub-rule (1) exceeds the maximum number of protected workmen, admissible for the establishment, under section 33, sub-section (4), the employer shall recognise as protected workmen only such maximum number of workmen :
PROVIDED that where there is more than one registered trade union in the establishment, the maximum number shall be so distributed by the employer among the unions that the numbers of recognised protected workmen in individual unions bear roughly the same proportion to one another as the membership figures of the unions. The employer shall in that case intimate in writing to the President or the Secretary of the union the number of protected workmen allotted to it:
PROVIDED FURTHER that where the number of protected workmen allotted to a union under this sub-rule falls short of the number of officers of the union seeking protection, the union shall be entitled to select the officers to be recognised as protected workmen. Such selection shall be made by the union and communicated to the employer within five days of the receipt of the employer’s letter.
(4) When a dispute arises between an employer and any registered trade union in any matter connected with the recognition of protected workmen under this rule, the dispute shall be referred to the 17[any Regional Labour Commissioner (Central) or] Assistant Labour Commissioner (Central) concerned, whose decision thereon shall be final.
62. Application for recovery of dues
(1) Where any money is due from an employer to a workman or a group of workmen under a settlement or an award or under the provisions of Chapter VA/ Chapter VB, the workman or the group of workmen, as the case may be, may apply in Form K-1 for the recovery of the money due:
PROVIDED that in the case of a person authorised in writing by the workman, or in the case of the death of the workman, the assignee or heir of the deceased workman, the application shall be made in Form K-2.
(2) Where any workman or a group of workmen is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money, the workman or the group of workmen, as the case may be, may apply to the specified Labour Court in Form K-3 for the determination of the amount due or, as the case may be, the amount at which such benefit should be computed :
PROVIDED that in the case of the death of a workman, application shall be made in Form K-4 by the assignee or heir of the deceased workman.
63. Appointment of Commissioner
Where it is necessary to appoint a Commissioner under sub-section (3) of section 33-C of the Act, the Labour Court may appoint a person with experience in the particular industry, trade or business involved in the industrial dispute or a person with experience as a Judge of a Civil Court, or as a stipendiary magistrate or as a Registrar or Secretary of a Labour Court, or Tribunal constituted under any Provincial Act or State Act or of a Labour Court, Tribunal or National Tribunal constituted under the Act or of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950.
64. Fees for the Commissioner, etc.
(1) The Labour Court shall, after consultation with the parties, estimate the probable duration of the enquiry and fix the amount of the Commissioner’s fees and other incidental expenses and direct the payment thereof into the nearest treasury, within a specified time, by such party or parties and in such proportion as it may consider fit. The Commissioner shall not issue until satisfactory evidence of the deposit into the treasury of the sum fixed is filed before the Labour Court:
PROVIDED that the Labour Court may from time to time direct that any further sum or sums be deposited into the treasury within such time and by such parties as it may consider fit:
PROVIDED FURTHER that the Labour Court may in its discretion, extend the time for depositing the sum into the treasury.
(2) The Labour Court may, at any time, for reasons to be recorded in writing , vary the amount of the Commissioner’s fees in consultation with the parties.
(3) The Labour Court may direct that the fees shall be disbursed to the Commissioner in such instalments and on such date as it may consider fit.
(4) The undisbursed balance, if any, of the sum deposited shall be refunded to the party or parties who deposited the sum in the same proportion as that in which it was deposited.
65. Time for submission of report
(1) Every order for the issue of a Commission shall appoint a date, allowing sufficient time, for the Commissioner to submit his report.
(2) If for any reason the Commissioner anticipates that the date fixed for the submission of his report is likely to be exceeded, he shall apply, before the expiry of the said date, for extension of time setting forth grounds thereof and the Labour Court shall take such grounds into consideration in passing orders on the application:
PROVIDED that the Labour Court may grant extension of time notwithstanding that no application for such extension has been received from the Commissioner within the prescribed time-limit.
66. Local investigation
In any industrial dispute in which the Labour Court deems a local investigation to be requisite or proper for the purpose of computing the money value of a benefit, the Labour Court may issue a commission to a person referred to in rule 63 directing him to make such investigation and to report thereon to it.
67. Commissioner’s report
(1) The Commissioner after such local inspection as he deems necessary and after reducing to writing the evidence taken by him, shall return such evidence together with his report in writing signed by him to the Labour Court.
(2) The report of the Commissioner and the evidence taken by him (but not the evidence without the report) shall be evidence in the industrial dispute and shall form part of the record of the proceedings in the industrial dispute; but the Labour Court or, with the permission of Labour Court any of the parties to the industrial dispute may examine the Commissioner personally before the Labour Court regarding any of the matters referred to him or mentioned in his report or as to his report, or as to the manner in which he has made the investigation.
(3) Where the Labour Court is for any reason dissatisfied with the proceedings of the Commissioner it may direct such further enquiry to be made as it shall think fit.
68. Powers of Commissioner
Any Commissioner appointed under these rules may unless otherwise directed by the order of appointment-
(a) examine the parties themselves and any witnesses whom they or any of them may produce, and any other person whom the Commissioner thinks proper to call upon to give evidence in the matter referred to him;
(b) call for and examine documents and other things relevant to the subject of enquiry;
(c) at any reasonable time enter upon or into any premises mentioned in the order.
69. Summoning of witnesses, etc.
(1) The provisions of the Code of Civil Procedure, 1908 (Act V of 1908) relating to the summoning, attendance, examination of witnesses and penalties to be imposed upon witnesses, shall apply to persons required to give evidence or to produce documents before the Commissioner under these rules.
(2) Every person who is summoned and appears as a witness before the Commissioner shall be entitled to payment by the Labour Court out of the sum deposited under rule 64, of an allowance for expenses incurred by him in accordance with the scale for the time being in force for payment of such allowances to witnesses appearing in the Civil Courts.
70. Representation of parties before the Commissioner
The parties to the industrial dispute shall appear before the Commissioner, either in person or by any other person who is competent to represent them in the proceedings before the Labour Court.
70A. Preservation of records by the National Industrial Tribunals, Industrial Tribunals or Labour Courts
(1) The records of the National Industrial Tribunals, Industrial Tribunals or Labour Courts specified in column 1 of the table below shall be preserved, for the periods specified in the corresponding entry in column 2 thereof after the proceedings are finally disposed of by such National Tribunal, Industrial Tribunals or Labour Courts.
Records
(1) Number of years for which the records shall be preserved
(2)
(i) Orders and judgements of National Industrial Tribunals , Industrial Tribunals or Labour Court 10 years
(ii) Exhibited documents in the above mentioned Tribunals or Courts 10 years
(iii) Other paper 7 years
(2) Notwithstanding anything contained in sub-rule (1), the records of the National Tribunals, Industrial Tribunals or Labour Courts, connected with writ petitions, if any, filed in the High Courts or Supreme Court, or connected with appeals by special leave, if any, filed in the Supreme Court, shall be preserved at least till the final disposal of such writ petitions or appeal by special leave.
71. Notice of strike
(1) The notice of Strike to be given by workmen in public utility service shall be in Form L.
(2) On receipt of a notice of a strike under sub-rule (1), the employer shall forthwith intimate the fact to the Conciliation Officer having jurisdiction in the matter.
72. Notice of lock-out
The notice of lock- out to be given by an employer carrying on a public utility service shall be in Form M. 19[The notice shall be displayed conspicuously by the employer on a notice board at the main entrance to the establishment and in the Manager’s office:
PROVIDED that where a registered trade union exists, a copy of the notice shall also be served on the Secretary of the union.]
73. Report of lock- out or strike
The notice of lock-out or strike in a public utility service to be submitted by the employer under sub-section (3) of section 22, shall be in Form N.
74. Report of notice of strike or lock-out
The report of notice of a strike or lock-out to be submitted by the employer under sub-section (6) of section 22 shall be sent by registered post or given personally to the Assistant Labour Commissioner (Central) appointed for the local area concerned, with copy by registered post to-
(1) The Administrative Department of the Government of India concerned,
(2) The Regional Labour Commissioner (Central) for the Zone,
(3) Chief Labour Commissioner (Central),
(4) Ministry of Labour of the Government of India,
(5) Labour Department of the State Government concerned, and
(6) The District Magistrate concerned.
75. Register of settlements
The Conciliation Officer shall file all settlements effected under this Act in respect of disputes in the area within his jurisdiction in a register maintained for the purpose as in Form O.
20[75A. Notice of lay-off
(1) If any workman employed in an industrial establishment as defined in the explanation below section 25A not being an industrial establishment referred to in sub-section (1) of that section is laid-off, then, the employer concerned shall give notices of commencement and termination of such lay- off in Forms O-1 and O-2 respectively within seven days of such commencement or termination, as the case may be.
(2) Such notices shall be given by an employer in every case irrespective of whether, in his opinion, the workman laid-off is or is not entitled to compensation under section 25C.]
75B. Application for permission for lay-off under section 25M
(1) Application for permission to lay-off any workman under sub-section (1), or for permission to continue a lay-off under 21[sub-section (3)] of section 25M shall be made in Form O-3 and delivered to the authority specified under sub-section (1) either personally or by registered post acknowledgement due and where the application is sent by registered post the date on which the same is delivered to the said authority shall be deemed to be the date on which the application is made, for the purposes of 22[sub-section (5)] of the said section.
23[(2) The application for permission shall be made in triplicate and copies of such application shall be served by the employer on the workmen concerned and a proof to that effect shall also be submitted by the employer along with the application.]
(3) The employer concerned shall furnish to the authority to whom the application for permission has been made such further information as the authority considers necessary for arriving at a decision on the application, as and when called for by such authority, so as to enable the authority to communicate the permission or refusal to grant permission within the period specified in 22[sub-section (5)] of section 25M.
(4) Where the permission to lay-off has been granted by the said authority, the employer concerned shall give to the Regional Labour Commissioner (Central) concerned, a notice of commencement and termination of such lay- off in Forms O-1 and O-2 respectively and where permission to continue a lay- off has been granted by the said authority, the employer shall give to the Regional Labour Commissioner (Central) concerned, a notice of commencement of such lay-off in Form O-1, in case such a notice has not already been given under sub-rule (1) of rule 75A, and a notice of termination of such lay-off in Form O-2.
(5) The notice of commencement and termination of lay-off referred to in sub-rule (4) shall be given within the period specified in sub-rule (1) of rule 75A.]
76. Notice of retrenchment
If any employer desires to retrench any workman employed in his industrial establishment who has been in continuous service for not less than one year under him (hereinafter referred to as ‘workman’ in this rule and in rules 77 and 78), he shall give notice of such retrenchment as in Form P to the Central Government, the Regional Labour Commissioner (Central) and Assistant Labour Commissioner (Central) and the Employment Exchange concerned and such notice shall be served on that government, the Regional Labour Commissioner (Central), the Assistant Labour Commissioner (Central), and the Employment Exchange concerned by registered post in the following manner :-
(a) where notice is given to the workman, notice of retrenchment shall be sent within three days from the date on which notice is given to the workman;
(b) where no notice is given to the workman, and he is paid one month’s wages in lieu thereof, notice of retrenchment shall be sent within three days from the date on which such wages are paid; and
(c) where retrenchment is carried out under an agreement which specifies a date for the termination of service, notice of retrenchment shall be sent so as to reach the Central Government, the Regional Labour Commissioner (Central), the Assistant Labour Commissioner (Central), and the Employment Exchange concerned , at least one month before such date:
PROVIDED that if the date of termination of service agreed upon is within 30 days of the agreement, the notice of retrenchment shall be sent to the Central Government, the Regional Labour Commissioner (Central), the Assistant Commissioner (Central), and the Employment Exchange concerned within 3 days of the agreement.
21[76A. Notice of, and application for possession for retrenchment
(1) Notice 22[or, as the case maybe, the application under] sub-section (1) of section 25N for retrenchment shall be served in Form PA and served on the Central Government or such authority as may be specified by the government under the said clause either personally or by registered post acknowledgement due and where the notice is served by registered post, the date on which the same is delivered to the Central Government or the authority shall be deemed to be the date of service of the notice for the purposes of 22[sub-section (4)] of the said section.
23[24[(2) The notice or , as the case may be , the application , shall be made in triplicate and copies of such notice or, as the case may be, the application, shall be served by the employer on the workmen concerned and a proof to that effect shall also be submitted by the employer along with the notice or, as the case may be, the application.]
24[(3) The employer concerned shall furnish to the Central Government or the authority to whom the notice for retrenchment has been given or the application for permission for retrenchment has been made, under sub-section (1) of section 25N, such further information as the Central Government or, as the case may be, the authority considers necessary for arriving at a decision on the notice or, as the case may be, the application, as and when called for by such authority so as to enable the Central Government or the authority to communicate its permission or refusal to grant permission within the period specified in sub-section (4) of section 25N.]]
76B. Notice of closure
If an employer intends to close down an undertaking he shall give notice of such closure in Form Q to the Central Government, the Regional Labour Commissioner (Central), the Assistant Labour Commissioner (Central), and the Employment Exchange concerned, by registered post.
21[76C. Notice of, and application for permission for, closure
(1) Notice under sub-section (1) of section 25-O of intended closure shall be given in Form QA and served on the Central Government either personally or by registered post acknowledgement due.]
25[A copy of such application shall be served simultaneously by registered post on the President or Secretary of registered trade union(s) functioning in the establishment and a notice in this regard shall also be displayed conspicuously by the employer on a notice board at the main entrance to the establishment for the information of all the concerned workmen at the same time when applications are served on the Central Government.]
26[(2) The notice, or, as the case may be, the application shall be made in triplicate.
(3) The employer concerned shall furnish to the Central Government to whom the notice of intended closure has been given or the application for permission to close down has been made, such further information as that government considers necessary, for arriving at a decision on the notice, or, as the case may be, the application, and calls for from such employer.]
77. Maintenance of seniority list of workmen
The employer shall prepare a list of all workmen in the particular category from which retrenchment is contemplated arranged according to the seniority of their service in that category and cause a copy thereof to be pasted on a notice board in a conspicuous place in the premises of the industrial establishment at least seven days before the actual date of retrenchment.
78. Re-employment of retrenched workmen
(1) At least ten days before the date on which vacancies are to be filled, the employer shall arrange for the display on a notice board in a conspicuous place in the premises of the industrial establishment details of those vacancies and shall also give intimation of those vacancies by registered post to every one of all the retrenched workmen eligible to be considered therefor, to the address given by him at the time of retrenchment or at any time thereafter:
PROVIDED that where the number of such vacancies is less than the number of retrenched workmen, it shall be sufficient if intimation is given by the employer individually to the senior-most retrenched workmen in the list referred to in rule 77 the number of such senior-most workmen being double the number of such vacancies:
PROVIDED FURTHER that where the vacancy is of a duration of less than one month there shall be no obligation on the employer to send intimation of such vacancy to individual retrenched workmen:
27[ PROVIDED ALSO that if a retrenched workman, without sufficient cause being shown in writing to the employer, does not offer himself for re-employment on the date or dates specified in the intimation sent to him by the employer under this sub-rule, the employer may not intimate to him the vacancies that may be filled on any subsequent occasion.]
(2) Immediately after complying with the provisions of sub-rule (1), the employer shall also inform the trade unions connected with the industrial establishment, of the number of vacancies to be filled and names of the retrenched workmen to whom intimation has been sent under that sub-rule:
PROVIDED that the provisions of this sub-rule need not be complied with by the employer in any case where intimation is sent to every one of the workmen mentioned in the list prepared under rule 77.
79. Penalties
Any breach of these rules shall be punishable with fine not exceeding fifty rupees.
80. Repeal
The Industrial Disputes (Central) Rules, 1947, are hereby repealed :
PROVIDED that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules
Last updated on February, 2008
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