The Industrial Disputes (Central) Rules, 1947, are hereby repealed:
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules.
1 Ins. by G.S.R. 1I1(E), dated 5 th March, 1976.
The Industrial Disputes (Central) Rules, 1957 1[SCHEDULE FORM A (See rule 3) FORM OF APPLICATION FOR THE REFERENCE OF AN INDUSTRIAL DISPUTE TO A BOARD OF CONCILIATION/COURT OF ENQUIRY/LABOUR COURT/ TRIBUNAL/NATIONAL TRIBUNAL UNDER SECTION 10(2) OF THE INDUSTRIAL DISPUTES ACT, 1947 Whereas an industrial dispute ∗∗is apprehended/exists between............................
and..............................and it is expedient that the matters specified in the enclosed statement which are **connected with the dispute /relevant to the dispute should be referred for **enquiry/adjudication by a Board of conciliation/a court of Enquiry/a Labour Court/a Tribunal/a National Tribunal for investigation and settlement, an application is hereby made under sub-section (2) of section 10 of the Industrial Disputes Act, 1947, that the **said matters/said dispute should be referred to **a Board of conciliation/a court of Enquiry/a Labour Court/a Tribunal/a National Tribunal.
This application is made by the undersigned who have/has been duly authorised to do so by virtue of a resoluation (copy enclosed) adopted by a majority of the members present at a meeting of the ..........................held on the............................. 20..... .
A statement giving the particulars required under rule 3 of the Industrial Disputes (Central) Rules, 1957, is attached. Dated the..................
Signature of employer ** .............................. or gent .........................................
or manager ................ or principal officer of the Corporation.....................
Signature of the President of the trade union **.................................................................
Secretary of the trade union.............................................................................................
Or **Signature of five representatives duly authorised (vide resolution enclosed) ……………..
2 [or “Signature of the workman........................... Or **Signature of the workman in the same establishment duly authorised (vide authorization enclosed)..............................................]
To The Secretary to the Government of India, Ministry of Labour.
Statement required under rule 3 of the Industrial Disputes (Central) Rules, 1957, to accompany the form of application prescribed under sub-section (2) of section 10 of the Industrial Disputes Act, 1947:
(a) Parties to the dispute including the name and address of the establishment or undertaking involved;
(b) Specific matters in dispute;
(c) Total number of workmen employed in the undertaking affected;
(d) Estimated number of workmen affected or likely to be affected by the dispute;
(e) Efforts made by the parties themselves to adjust the dispute.
3 [Copy to— 1 Subs. by G.S.R. 302, dated April, 1958.
∗∗ Delete whichever is not applicable.
2 Ins. by G.S.R. 1059, dated 30 th May, 1968, 3 Ins. by G.S.R. 811, dated 3 rd July, 1959.
The Industrial Disputes (Central) Rules, 1957
(i) The Assistant Labour Commissioner (Central) ...............[here enter office address of the Assistant Labour Commissioner (Central) in the local area concerned];
(ii) The Regional Labour Commissioner (Central); (iii) The Chief Labour Commissioner (Central), New Delhi.]
The Industrial Disputes (Central) Rules, 1957 FORM B (See rule 6) Whereas an industrial dispute has arisen/is apprehended between .............................. and..........................and it is expedient to refer the said dispute under section 10 of the Industrial Disputes Act, 1947, to a Board of Conciliation for the purpose of investigating the same and for promoting a settlement thereof, you are hereby required to intimate to the undersigned not later than the .................... the name(s) and address
(es) of one (two) person(s) whom you wish to recommend for appointment as your representative(s) on the said Board.
If you fail to make the recommendation by the date specified above, the Central Government will select and appoint such person(s) as it thinks fit to represent you.
Secretary to the Government of India, Ministry of Labour.
1[FORM C (See rule 7) AGREEMENT [Under section 10A of the Industrial Disputes Act, 1947] Name of the Parties:
………………..……………………………………..………… Representing employers:
………………………………………………………………… Representing workmen/workman:
………………………………………………………………… It is hereby agreed between the parties to refer the following dispute to the arbitration of ............................................. [here specify the name(s) and address(es) of the arbitrator(s)].
(i) Specific matters in disputes;
(ii) Details of the parties to the dispute including the name and address of the establishment or undertaking involved;
(iii) Name of the workman in case he himself is involved in the dispute or the name of the Union, if any, representing the workmen or workman in question;
(iv) Total number of workmen employed in the undertaking affected;
(v) Estimated number of workmen affected or likely to be affected by the dispute.
1 Subs. by G.S.R. 1059, dated 30 th May, 1968.
The Industrial Disputes (Central) Rules, 1957 ∗We further agree that the majority decisions of the arbitrators) be binding on us/ in case the arbitrators are equally divided in their opinion, that they shall appoint another person as umpire whose award shall be binding on us.
The arbitrator(s) shall make his (their) award within a period of .............................
(here specify the period agreed upon by the parties) or within such further time as is extended by mutual agreement between us in writing. In case the award is not made within the period aforementioned, the reference to arbitration shall stand automatically cancelled and we shall be free to negotiate for fresh arbitration.
Signature of the parties Representing employer Witnesses: ∗∗Workman/Rep resenting workman/workmen
(1) ………………………………….
(2) ………………………………….
Copy to:
(i) The Assistant Labour Commissioner (Central), (here enter office address of the Conciliation Officer in local area concerned);
(ii) The Regional Labour Commissioner (Central)...............................................................
(iii) The Chief Labour Commissioner (Central), New Delhi;
(iv) The Secretary to the Government of India, Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), New Delhi.
FORM D (See rule 17) Whereas an industrial dispute between ....................... and ........................... has been referred to this Board of Conciliation for investigation and settlement. Court of Enquiry for investigation/Labour Court/Tribunal/National Tribunal for adjudication, under section 10 of the Industrial Disputes Act, 1947, you are hereby summoned to appear before the Board/Court/Labour Court/Tribunal/National Tribunal in person on the .............. day of ........... at .......... o’clock in the ........... noon to answer all material questions relating to the said dispute and you are directed to produce on that day all the books, papers and other documents and things in your possession or under control in any way relating to the matter under investigation by this Board/Court/Labour Court/ Tribunal/National Tribunal.
Date ............................
∗ Where applicable ∗∗ Delete whichever is not applicable.
The Industrial Disputes (Central) Rules, 1957 Chairman / Secretary, Presiding Officer/Secretary The Industrial Disputes (Central) Rules, 1957 1[FORM E (See rule 34) Notice of Change of Service Condition Proposed by an Employer Name of employer …………………………………………………………………………………… Address...........................................................................................................................
Dated the................day of................20......
In accordance with section 9A of the Industrial Disputes Act, 1947, I/we hereby give notice to all concerned that it is my/our intention to effect the change/changes specified in the annexure, with effect from.,....................in the conditions of service applicable to workmen in respect of the matters specified in the Fourth Schedule to the said Act.
Signature...........................................
Designation.........................................
ANNEXURE (Here specify the change/changes, intended to be effected) Copy forwarded to:
(1) The Secretary of registered trade union, if any;
(2) Assistant Labour Commissioner (Central)................................................. there enter office address of the Assistant Labour Commissioner (Central) in the local area concerned];
(3) Regional Labour Commissioner (Central)........................................................ Zone;
(4) Chief Labour Commissioner (Central), New Delhi.]
FORM F (See rule 36) Before (Here mention the authority concerned) In the matter of: Reference No...............................of.............................................workmen Versus ………….................................................................................................Employer I/we hereby authorise Shri/Sarvashree................................. to represent me/us in the above matter.
Dated this......................day of..............................20..........
Signature of person(s) nominating the representative(s) Address Accepted.
1 Subs. by G.S.R. 402, dated 31 st March, 1960.
The Industrial Disputes (Central) Rules, 1957 Signature of representative(s). Address.
FORM G (See rule 47) Form of Nomination Paper Name of Industrial Establishment:………………………………………………………………….
Group/Section/Shop/Department :………………………………………………………………….
I nominate (here enter the name of the workmen’s representative eligible for election) as a candidate for election to the Works Committee. He is eligible as a voter in the constituency for which he is nominated.
Signature of proposer. Date......................................
I agree to the proposed nomination.
Signature of candidate Date......................................
Attested by: (1) (2) (To be signed by any two voters belonging to the electoral constituency.)
1 [Form G1 (See rule 56A) Progress Report on constitution and functioning of Works Committee for the halfyear ending the 30th June/∗∗∗∗31 st December.........................
1. Name and address of the establishment………………………………………………………….
2. Name of the employer…………………………………………………………………………….
3. (a) Number of workmen employed……..……………………………………………………….
(b) Name of Unions, if any.
……………………………………………………………………
(c) Affiliation of the Union(s) to the Central Organisations of workers………………………
4. If the Works Committee has been functioning—
(a) Date of its constitution……………………….
1 Ins. by G.S.R. 1078, dated 4 th August, 1962 ∗ Strike out the portion not applicable.
The Industrial Disputes (Central) Rules, 1957
(b) Number of workmen’s representatives (elected members)………………………………….
(c) Number of employer’s representatives (nominated members)……………………………...
(d) Number of meetings held during the half-year (with dates)……………………………….
5. If the Works Committee had not been functioning, -the difficulties encountered in its constitution/functioning.
6. General remarks, if any.
Date........................... Signature of employer Place.......................... or his representatives.
FORM H (See rule 58) Form for Memorandum of Settlement Names of Parties:
…………………………………………………………………………………….
Representing employer(s):
…………………………………………………………………………..
Representing workmen:……………………………………………………………………………… Terms of settlement:……………………………………………………………………………….... Short Recital of the Case…………………………………………………………………………….
Signature of the parties..........................
Witnesses:
(1) ............................................................
(2) ...........................................................
Signature of Conciliation Officer. Board of Conciliation.
Copy to:
[Here enter the office address of the Assistant Labour Commissioner (Central) in the local area concerned];
The Industrial Disputes (Central) Rules, 1957 +(1) Assistant Labour Commissioner (Central)........................................................................
(2) Regional Labour Commissioner (Central)........................................................................
(3) Chief Labour Commissioner (Central), New Delhi……………………………………………….
(4) The Secretary to the Government of India, Ministry of Labour, New Delhi…………………….
Conciliation Officer In case of settlements effected by Board of Conciliation + In case where settlements are arrived at between the employer and his workmen otherwise than in the course of conciliation proceeding.
The Industrial Disputes (Central) Rules, 1957 FORM I (See rule 59) Labour Court.......................................................
Before the Tribunal ............................................................complaint under section 33A National Tribunal of the Industrial Disputes Act, 1947.
In the matter of :................................... Reference No…………………………………….
A.............................................................................................................................
Complainant(s);
Versus B............................................................................................................................
Opposite Party(ies).
Address:
The petitioner(s) begs/beg to complain that the Opposite Party(ies) has/have been guilty of a contravention of the provisions of section 33 of the Industrial Disputes Act, 1947 (14 of 1947), as shown below:
(Here set out briefly the particulars showing the manner in which the alleged contravention has taken place and the grounds on which the order or act of the Management is challenged.)
The complainant(s) accordingly prays/pray that the Labour Court/Tribunal/National Tribunal may be pleased to decide the complaint set out above and pass such order or orders thereon as it may deem fit and proper.
The number of copies of .the complaint and its annexures required under rule 59 of the Industrial Dispute (Central) Rules, 1957, are submitted herewith.
Dated this............day of............20..... Signature of the Complainant(s) Verification I do solemnly declare that what is stated in paragraph.......... above is true to my knowledge and that what is stated in paragraphs........ above is stated upon information received and believed by me to be true. This verification is signed by me at....................
on ............day of....................20.....................
Signature or Thumb impression of the person verifying The Industrial Disputes (Central) Rules, 1957 FORM J [See rule 60 (1)] Before (here mention the Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal.) sub-section (1) Application for permission under ………………………. of section 33 of the Industrial sub-section (3) Disputes Act, 1947 (14 of 1947).
In the matter of:................................... Reference No……………………………………..
A............................................................................................................................
Applicant Address:……………………………………………………………………………………… … Versus B.............................................................................................................................
Opposite Party(ies) Address(es):…………………………………………………………………………………… ..
The above-mentioned applicant begs to state as follows:— [Here mention the action specified in clause (a) or clause (b) of sub-section (1) grounds on which the permission is sought for.]
The applicant, therefore, prays that express permission may kindly be granted to him to take the following action namely:
[Here mention the action specified in clause (a) or clause (b) of sub-section (1) …………… sub-section (3) of section 33.]
Signature of the applicant, Dated this............day of............20.......
(Space for Verification) Date (on which the verification was signed) .....................
Place (at which the verification was signed) .................(Signature of person verifying).
The Industrial Disputes (Central) Rules, 1957 * FORM K [See rule 60(2)] Before (here mention the Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal).
Application under sub-section (2) of section 33 of the Industrial Disputes Act, 1947 (14 of 1947) In the matter of :......................... Reference No. ……………………………………………….
A......................................................................................................................
Applicant.
Address:…………………………………………………………………………………….
Versus B.......................................................................................................................
Opposite Party(ies).
Address:……………………………………………………………………………………..
The above-mentioned applicant begs to state as follows;— (Here set out the relevant facts and circumstances of the case.)
* The workmen/workman discharged/dismissed under clause (b) of sub-section
(2) of section 33 has/have been paid wages for one month.
The applicant prays that the Conciliation Officer/Board/Labour Court/Tribunal/ National Tribunal may be pleased to approve of the action taken namely:
[Here mention the action taken under clause (a) or clause (b) of sub-section (2) of section 33.]
Signature of the applicant.
Space for verification Dated this............day of..............20......
Date (on which the verification was signed) .....................
Place (at which the verification was signed).......... (Signature of the person verifying).
1 [FORM K 1 [See rule 62(1)] Application under sub-se