(I) 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 r~gistered post to every one of all the retrenched workmen eligible to be considered therefor, to the addresses 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 intimatton vacancy to individual retrenched workmen :
9 _ 80 , Form A] The M.P. Industrial Disputes Rules, 1957 197 ~- 7 '[Provided also that if a retrenched workman, without sufficient cause being . 1 writing, to the employer, does not offer himself for re-employment on the shown ~ates specified in the intimation sent to him by the employer under this sub date or within 7 days thereafter, the employer may not intimate to him the vacancies rule :ay be filled on any subsequent ~ccasi~n.] ..
that (2) Immediately after complying with the prov1s1ons o~ sub-rut~ (I), t~e shall also inform the trade unions connected with the industrial en1P10_yel r ent of the number of vacancies to be filled and names of the retrenched 1abh51111 b I es 1 to whom intimation has been sent under that su -rue:
workmei d b r d ' th b the Provided that the provisions of this sub-rule nee not e comp 1e w1 Y I r in any case where intimation is sent to every one of the workmen ernP oye foned in the list prepared under rule 77.
inen 1 79• Penaltics.-Any breach of these Rules shall be punishable with fine not ceeding fifty rupees. 947 (N 14 f ex 80 Repeal -All the Rules under the Industrial Disputes Act, I o. 0 in.
0 erati~n in the Mahakoshal, Madhya Bharat, Vindhya Pradesh, Bh~pal 194~iron· ~egions on the date of publication of these Rules are hereby repealed.
and Pro~ided that any order made or action taken under the_rules so .r~pealed shall be deemed to have been made or taken undei: the correspond mg prov1s1ons of these rules.
SCHEDULE FORM'A' [See rule 3] Form of application for the reference of an indus~ial dispute to a ~oard of Conciliation/Court ofEnquiry/LabourCourtffnbunal under section 10
(2) of the Industrial Disputes Act, 1947. .
Whereas an industrial dispute is apprehended between ........ J e 1sts ...... and ..... .
and it is expedient that the matter specified in the enclosed statement which are connected with or relevant to the dispute the dispute, investigation and settlement should be referred for enquiry/adjudic ion b aBoardofCooc· · · C al.§. P an application is hereby made under Disputes Act, I 94 7 thatthe said matte aBoardofConc· • al,ia\(Q Scanned by CamScanner The M p Industrial Di.put Rut . 19 7 [F 198 · · Orm B-c Th .
1 . . . made bv th und igncd, ho hav /has been duly autllor· 1s app 1cauon 1s J d d b . . 1sed 1 do so by virtue of a re olution (cop_ n losed) 8 opt Ya m3Jonty of the membe~ present at a meetingofthe ...... h Id ln th e .. :·· 19 · A stat ment gi ing th rti utars required under rule 3 of the Madhya Prad · hcd esh Industrial Oisput Rul 19 • 1 attac · Dated the ...................... .
Signature of the Appt· •cant To, The ecretar) t th Go ernment of Madhya Pradesh Labour Oepartm nt tatement required under rule 3 of the Madhya Pradesh Industrial Disput rules. 1957. to a mpany ~he f~rm of applicatio~ prescribed under sub-section(;)
of section IO of the lndustnal Disputes Act, 194 7,
(a) Parti to the dispute including the name and address of the establish me t or undertaking involved. n
(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) Effects made by the parties themselves to adjust the dispute.
FORMB [See rule 6) Whereas an industrial dispute has arisen/is apprehended between ............ ..
and ..... and ·1 is expedient to refer the said dispute under section IO 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 State Government will select and appoint such person(s) it as thinks fit to represent you.
Secretary to the Government of FORMC [See rule 7) Madhya Pradesh Labour Department Agreement (Under section 10-Aofthe Industrial Disputes Act, 1947) BETWEEN Name of Parties Representing employers :
Representing workmen :
It is hereby agreed between the partiel to to the arbitration of ....................... ..
[Here specify the name(s) and The M.P. Industrial Di put Rut , 1957 Specific matters in disput . 199 fort11 D)
(i)
(ii) Detai ls of the parties to the disp t .
the establishme~t or undertaking ~n:~~!~dina the name and add of
(iii) Name of the Union, if any represc f · Total number of workmen' employendt?g thhe workmen 1n -
(iv) . d be mt e undenak ,--.... ,
(v) Estimate num r of workmen affected r 1 naaffecled dispute. or ikely 10 be affected by die 1 [We further agree that the majority decision of the arb.
5 In case the arbitrators shall be equally divided . ~~loruhall be bindina 011 !i~t another person as umpire whose award shall be,bn. d~lf opinion, Ibey lhlll apr- . r() h 11 . . m mgonus The arb1trato _s s a make his (their) award within a period · (h<I" specify the period agreed upon by the parties) or within such~ t ended by mutual agreement between us in writing. In case th ant tune el( 'od ti . ed h ti eaw ' IIOlffllde within the pen a orement1on , t ere erence to arbitration shall Sland .
cancelled and we shall be free to negotiate for &.sh arbitnlion.) ........., Witnesses :
(I)
(2) Copy to:
(i) Signature of the Pll'lir, Representing workmen, Representing emp The Conciliation Officer (here enter office address of the Concilillion Officer in local area concerned).
(ii) The Labour Commissioner, Madhya Pradesh, Indore,
(iii) The Secretary to the Government of Madhya Pradesh, Labou!
Department, Bhopal.
Scanned by CamScanner 200 Th M.P. lndu trial Di put Rule , 1957 [Form E-F Dated ............................... .
Ch . IS Board of Conciliation ainnan ecretary Court of Enquiry Labour Court Presiding Officer/Registrar ~==--=== Tribunal.
FORME [ ee rule 34] otice of change to be given by an Employer ame of employer ................................... address ................................... .
Dated the .................. day of ........................... 19 .......... .
To, The Secretary/Principal Officer of the Union/ Association The workman/workmen affected Dear Sir/Madam, In accordance ith section 9-A of the Industrial Disputes Act, 194 7, I/we beg to infonn you that it is my/our intention to effect the change/changes specified in the anne ure to this letter, with effect from ..................... .
Yours faithfully, Signature ......................... .
Name .... ................. ......... .
Designation .................... . .
Annexure (Here specify the change/changes intended .to be effected) FORMF [See rule 36] (Here mention the authority concerned) Before Reference No ....... of ..... Workmen Versus ....................................... Employer.
In the matter of... ........ .
I/We hereby authorise Shri/Sarvashree .................... to represent me/us in the above matter.
Dated this ...................... day of ................. 19 .......... .
Signature of person(s) nominating Accepted.
Signature of representative(s) Address.
the representative(s).
Address for111 G-H] The M.P. Industrial o· isputes Rule ' 1957 FORMG 201 [See rule 47] Form of Nominati p --- . . on aper r,Ja[Tle oflndustnal Establishment .__... Group/Section/S~ ----[ nominate (here enter the name 0 ; th k • ,1 d.d :, e wor men's rep .
for e/ect10111 as a can I ate for election tc the W. k C . resentattve ehg,h/e 8 voter in the constituency for which he is nomin~;e~. omm,ttee. He is eligible Date ...................... .
I agree to the proposed nomination.
Signature of propose, Signature of candidate Date ...................... .
Attested by : (I) (2) (To be signed by any two voters belonging to the electoral con tihlency).
FORMH [See rule 58] Form of Memorandum of Settlement Name of Parties :
Representing employer(s):
Representing workmen :
Short recital of the case Terms of settlement Witnesses:
Signature of the parties .•••. -...
()) .......................................... ..
············································
(2) ........................................... .
·······································••··· Scanned by CamScanner 202 The M.P. Industrial Disputes Rules, 1957 FORMI [Form 1-J [ rule 59] Labour Court .... complaint under Before the ............................... .
Tribunal ................................... .
Section 33-A of the Industrial Disputes Act, 1947.
A ..... Complainant(s) Address:
ersus B ..... Opposite Party(ies) Address:
In the matter of Reference No .................. .
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 Dispute 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 management is challenged).
The complainant(s) accordingly prays/pray that the Labour Court/Tribunal may be pleased to decide the complaint set out/above and pass such order/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 Madhya Pradesh Industrial Disputes Rules, 1957, are submitted herewith.
Signature of the Complaintant(s) Dated this ..... day of .... 19.
Verification I do solemnly declare that what is stated in paragraphs ................. above !s true to my knowledge and that what is stated in paragraphs ...... : ........ ; .. abo.ve !s stated upon information received and believed by me to be true. This ver1ficat1on 1s signed by me at on .................. day of ................ 19........ . .
Signature/or Thumb 1mpress1on of the person verifying FORMJ (See rule 60 (I)] Bef~ (here montion the Conciliation Officer, Board, I.AbourCourt or Tribunal) Application for penniuion under aut,..section ( I )/sub-section (3) of seotlon 33 of tho Industrial Di putes Act, 1947 (14 of 1947), In the matter of Reference No.
A ................... Applicant.
Address:
Venus B ................... Opposite Party(ies) Address(es) form K] The M.P. Industrial o· isputes Rul I The above mentioned applicant b es, 9 57 203 [Here mention the action speci·fi de~ 10 sta te a follow :
I • ie 111 clause ( ) al id grounds on w 11ch the permission is s h a or clause (b) ofsui. ___ t. . oug t for] "- 1on(I) The applicant therefore prays that . express pe · • 10 him to take the ~ollowmgaction, namely: rmiss1on may kindly be granted [Here mention the action specified . 1 (I )/sub-section (3) of section 33].
111 cause (a) or clause (b) ohub-tcctKJn Dated this .................. days of ............... l9 ....... Signatureoftheapplicant . (Signature of the person verifyin .. , Date (on which the verification was signed).................
111 Place (at which the verification was signed) ................ .
FORMK [See rule 60 (2)) Before (here mention the Conciliation Officer, Board, Labour Court or Tribunal) Application under sub-section (2) of section 33 of the Industrial DisputesAct.
194 7 ( 14 of 194 7) 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 set out the relevant facts and circumstances of the case). .
'The workman/workmen discharged/dismissed underclause{b) of sub,sediOll
(2) of section 33 has/have been paid ~~g~s for one month. iblllll The applicant prays that the Conc1hat1on OfticortBoanf/LaboW'Cow1fn'i may be pleased to approve of the action taken namely: f (Here mention the action taken under clause (a) or clause (b) 0
(2) of section 33).
Scanned by CamScanner 7 [Form K-1 ppli ti nun lndu trinl Di put t.
7.
I.
·r.
nt() ddr (e ) r-ori" ~-21 ro I.
ir.
Th • ecretary to Go ernment, Madh a Prade h Labour Department.
Bhopal.
Th· Labour Comm is ioncr.
Madh a Prnd h, Indore.
1957 20 Scanned by CamScanner 206 The M.P. lndu trial Disputes Rules, 1957 [Fonn KJ-L FORMK-3 [ ee ub-rule (2) of rule 62] ppli tion und r uh- ection (2) of ection 33-C of the Indu trial Di putes Act, 1947 B fore the Labour Court at ................... between ................. · I. ame of the applicant(s) ................................................ .
2. ame of the Employer ................................................... .
T~e petitioner ..................... a workman of.. .................. .... . ffhe petitioners un~ers1gned, "'.orkmen of.. .... : .......... M/s .. ... .............. of.. ................... ... is/are entitled to rece1v~ from the said M/s ........ the money/benefits mentioned in the statement hereto annexed.
1! ~sprayed that the court be pleased to determine the amount/amounts due to the petitioners.
Signature or thumb-impression(s) of the applicant(s) Address( es) Station ........................... .
Dated ................. .......... .
I ................................. ..
2 .................................. .
3 .................................. .
4 . ................................. .
Annexure Herein set out the details of money due or the benefits accrued together with the cases for their adimissibility.]
To FORML [See rule 71] Form of notice of strike to be given by 1 ( 2(union)/workmenI in a public utility service ameofUnion 1 [Names of five elected representatives of workmen] Address Dated this ............... day of .............. 19 ..... .
(The name of the employer) Dear Sir/Sirs, In accordance with the provisions contained in sub-section (I) of section 22 of the Industrial Disputes Act, 1947, I/we hereby give you notice that I propose to call a strike/we propose to go on strike on ..... 19 for the reasons explained in the annexe.
Secretary of the Union Yours faithfully I. Substituted byNotifu:ation No. 9338-1546-XVl-60 dated 18-12-1962. Published in M.P.
Rajpall'BPartlV (Ga)dated2S-l-1963 Page47.SeeMPLT 1963 Part II a[17] Page 89.
2 Substituted by Notification No. 6639-6679-XVI dated 21-12-1966. PublislJed in M.P.
Rajpall'B Part IV (Ga)dated 22-9-1967 Pap65 I. See MPLT I 967 Part ll a [298] Page. ~t I.
F o111'1 M] The M.P. Industrial Disputes R I • u es, 1957 '[five representatives of the workm d 1 '1117 ...... (date), vide resolution attached.] en u Y elected at a meeting held ..... on .....
Statement of the Case copy to:
(I) Conciliation Officer.
Annexure (Here enter office address of the Conciliati Offi .
concerned.) on leer in the local area
(2) The Labour Commissioner, Indore.
FORMM [See rule 72] Form of notice of lock-out to be given by an emplo . yer carrymg on a public utility service Name of employer ................... Address ..................... dated this day of.. ................... 20 .... .
To, '[All workmen employed in the industry/workmen o[ ______ _ Department/Section (here specify the department or section affected by the lock-out) The workmen concerned (here specify the names of the workmen affected by the lock-out)] 1(Dear Sirs], In accorded with the provisions of sub-section (2) of Section 22 of the lnduslrill Disputes Act, 194 7, I/we hereby inform you that it is my/our intention to effect• lock-out with effect from ........... .for the reasons explained in the annexe.
*Yours liithfblly •Here insert the position which the person who signs the'* bgklii .J • employer issuing this letter.
Annexe Statement of the Case.
Copy to : (I) Conciliation Officer (Here enter office ~dd.teSJ 0 area concerned}.
(2) The Labc:lurC6ffl 22J Scanned by CamScanner 208 Ruic. 1957 [Form N Form of R port of trik or o k-out in public utility service Informa tion to be upplied in thi form immediately en the occurrence of a trike or lock-out in a publi utilit rvice to the Conciliation Officer for the local area concerned Name of undertaking (I) umber of Workers in ol ed Direct! Indirectly
(4) as notice of strike or lock-out gi en. if so. on hat date and for hat period
(9)
(5) tation and District Normal working strength
(2) (3) Strike or Date of Cause lockout commencement of strike or lock-out
(6) (7) (8) ls there any permanent agency or Any other agreement in the undertaking for infonnation the settlement of disputes between the employer and workman? If any exist, particulars thereof
(10) (11) ote.- Column (3) : Give the average number of workmen employed during the month previous to the day on which the strike or lock-out occurred. While reckoning the average omit the days on which the attendance was not normal ~or reasons other than individual reasons of particular workmen. Thus days on wluch strike or lock-out occurs or communal holiday is enjoyed by a large section of workers should be omitted.
Column (4): If say, 200 workers in a factory strike work and in consequence the whole factory employing. I 000 workers has to be closed then, 200 should be shown under'directly' and the remaining under 'indirectly'. If the strike of200 workers does not affect the working of the other de~ots of die factory the _number of orkers involved would only be 200 which figwe should appear under 'directly' and column 'indirectly' would be blank.
Column No. (8) : Gi cause that led to the stri e or 1 o-Ol) forrt The M.P. Industrial D' 1 pute FORMo [Sec rule 75) Regi ter Part I ~al Industry Parties to the sen Rules. 19S?
.. 1 settlement ~-------=.:..:.::__ __ _ 09 ~-~~;;he~~~~~~::;.~::;=-:::-:--~------*Whether the settlement was effected at the int .
b t I .. • ervent1on of the co •i· .
achinery, or y mu ua negot1at1011s between the pan· . . nc, 1at1on in Part II ,es, may be and1cated hm.
(Should contain one copy each of the settlements in th · 1 • • I) e seria order mdu:alcd in Part · To Sir, 1(FORMO-l [See rule 75-A] The Assistant Labour Commissioner, lndore/Gwalior/Jabalpur/Raipur/Bhopal/Division Under rule 75-A of the Madhya Pradesh Industrial Disputes Ruk-s. 1957.1/\\ hereby inform you that I/we have laid of* .................. out of a total of- ... . ..
workmen employed in the establishment with effect from •• .................. for the reasons explained in the Annexure.
(2) Such of the workmen concerned as are entitled to compensatiqn under section 25-C, of the Industrial Disputes Act, 1947, will be paid compensation due to them.
Copy forwarded to- ( 1) The Labour Commissioner, Madhya Pradesh, Indore.
(2) The Conciliation Officer ...................... ..
*Here insert the number of workmen.
**Here insert the date #Here insert the position which the person who s1sns employer issuins the letter.
#Yours faithful 22) Scanned by CamScanner 210 To, Sir, The M.P. lndu trial Di pute Rules, 1957 FORM0-2 [ e rule 75-A] The Assistant Labour Commissioner, lndore/Gwalior/Jabalpur/Raipur/Bhopal/Division [Form 02-03 As required b rule 75-A of the Madhya Pradesh Industrial Disputes Rules, 1957 and in continuation of my/our notice dated • ...................... in Form 0-1, I/we hereby inform you that the lay-off in my/our establishment has ended on• ........................ ..
Copy forwarded to- #Yours faithfully (I) The Labour Commissioner, Madhya Pradesh, Indore,
(2) The Conciliation Officer ...................... .
**Here insert the date.
#Here insert the position which the person who signs the letter holds with the employer issuing the letter.]
'[FORM0-3 (To be submitted in triplicate with additional number of copies for service on the workman concerned) [See rule 75-B (1)] Form of application for permission to lay-off workmen in industrial establishment to which provision of chapter VB of the Industrial Disputes Act, 1947 (14 of 1947) apply To, Sir, (The authority specified under sub-section (I) of section 25-M of the Act) Under sub-section ( 1 )/sub-section (2) of section 25-M oflndustrial Disputes Act, 194 7 ( 14 of 1947) read with sub-rule ( 1) of rule 75B of the Madhya Pradesh Industrial disputes Rules, 1957. I/We hereby apply for• permission to layoff/ pennission to continue the lay-off of a total of ..... workmen employed in my/our establishment with effect from ...... for the reasons set out in the Annexure.
Pennission is solicited *for the lay-off/to continue the lay-off of the said workmen.
. Such of the workmen pennitted to be laid-off will be paid such compensation, 1f any, to which he is entitled under sub-section (6) of SOQUOII 2S·M, read with section 25-C, of the Industrial Disputes Act, 1947 (14 Qf 1 I. Inserted by Notification No. 4(c)-10-76-Lu-X Rajpa1ra Part IV (Oa)dated21-4-1978 Page 149.
The M.P. Industrial Disp te R u 5 ulea, 1957 •Strike out whatever is inapplicable.
11elll No.
I.
2.
3.
4.
5.
6.
7.
8.
9, ANNEXURE (Please give replies against each item) Name ofth_e und~rtaking with complete postal addresses, mcludmg telegraphic addresses and telephone number.
(a) *Names and addresses of the affected workmen proposed to be laid off/names and addresses of the workmen laid off before the commencement of the Industrial Disputes (Amendment) Act, 1976 (32 of 1976) and the dates from which each of them have been laid off.
(b) The nature of the duties of the workmen referred to in sub-item (a), the units/ sections/shops where they are working and the wages drawn by them.
Product/products of the undertaking.
Details relating to installed capacity, licenced capacity and utilised capacity.
(i) Annual production, item-wise for preceding three years.
(ii) Production figures, month-wise for the preceding twelve months.
Work-in-progress, item-wise and value-wise.
Any arrangements regarding off loading or subcontracting of products or any components thereof.
Position of the order book, item-wise and value wise for a period of six months, and one year, next following and for the period after the expiry of the said one year.
Number of working days in a week widl the number of shifts per day amt the strength of n. per each shift.
211 You faithfully, (Signature) 223 Scanned by CamScanner 212 The M.P. lndu trial Di put Ruic • 1957
13. (i) The total numb r f \\ rkm n and the number of mplo , oth r than , orkmen a defined und r th lndu trial Di pules Act. 194 7 ( 14 of I 94 7). employed in the undertaking.
(ii) Pere ntagc of wag of workmen to the total co t of production.
14. Admini trativ . general and selling cost in ab olute tenn per ear in the last three years and percentage thereof to the total cost.
15. Detail ofla ,-off re orted to the lastthree years (other than the lay-off for which permission sought). including the periods of such lay-offs, the number of workmen involved in each-such lay-off and the reasons therefor.
16. Anticipated avings due to the •proposed lay off/ lay-off for the continuance of which permission is sought.
17. Any proposal for affecting saving on account of reduction in -
(i) managerial remuneration,
(ii) sales promotion cost, and
(iii) general administration expenses.
18. Position of stocks on last day of the month in the preceding twelve months.
19. Annual sales figures for the last three years and monthwise sales figures for the preceding twel e months, both itemwise and value-wise.
20. Reasons for the *proposed lay-off/lay-off for the continuances of which pennission is sought.
21. Any specific attempts made so far to avoid the •proposed lay off/lay-off for the continuance of which permission is sought.
22. Any other relevant factors with details thereof.
•Strike out whatever is inapplicable.
[Form p FORMP [See rule 76] Form of notice of retrenchment to be given by an employer under clause
(c) of ection 25-F of the lodu trial D' putes Act, 1947 Name of employer .......................................... Address .............................. ..
dated the ..................... day of ........................ 19 .... ..
foflll P] The M.P. Industrial o· • putes Rul • 1957 fo. The Secretary to the Government of Madh Labour Department, Bhopal ya Pradesh 13 sir. 1 ( ) f . Under cause c o section 2S-F of the Ind .
b • r ustr1al Dis 947) I/We here y in,orm you that I/we have d .d pute ct. I 7 1 or I • · I ffi t fi 2 ec1 ed to retrtn h 1 workmen wit , e ec rom .................... for the reasons ex lai . c .
2. JThe workmen concerned were given on th 2 2P0 ned in the 1n11Qure · d d I e .... one month' writing as requ~re un er c ause (a) of section 2S-F of th~; Act/ ice m being effected m pursuance of an agreement a copy of h. h ~etrenchmcnt 11 • 1 2 • w 1c 1s nclosed The workmen were given on t ,e ................... 20 ............ on month's . .
notice, as required under clause (a) of section 2S-F of that Act· pay in heu of 3 The total number of workmen employed in the 'ind 't • 1 . us ria establish is1 .... .. .. ........ and the total number of those who will be effected by the retrench= is given below:
s[Category and designation] to be retrenched (I) Number of workmen of workmen Employed To be retrenched
(2) (3)
4.1/We hereby declare that the workman/workmen concerned has/ha will be paid compensation due to them and under section 2S-F of th Ac on expiry of the notice period.
ANNEXURE Statement of Reasons 'Vows faithfidly Copy to- ( I ) Conci I iation Officer (Here enter office address of the Conciliation in local area concerned).
(2) The Labour Commissioner, Indore.
7[(3) Employment Officer, Employment B change. • ..
Scanned by CamScanner 214 The M.P. lndu trial Di put s Rules, 1957 '[FOR P-A (To be in triplicat ith dditional number of copie for ervlc on th workman concerned) [ ee rule 76-A (I)] [Form P-A F f otice for permi ion for retrenchment of workman to be given b;:~ :m;lo r under clause (c) of sub-section (1) of section 25 N of the Indu trial Disputes Act, 1947 (No. 14 of 1947) To, [The tate Government/authority specified under clause ( c) of sub-section (I) of section 25- of the Act].
Sir, Under clause ( c) of sub-section (I) ofsection 25-N of the Industrial Disputes \ct, 1947 (14 of 1947), I/We hereby infonn you that I/We propose to retrench .....
vorkmen (being workmen to whom sub-section (I) of section 25-N applies) with :ffect from ..... for the reasons set out in the Annexures.
2. •The workmen concerned have been given notice in writing as required ·mder clause (a) of sub-section ( l) of section 25-N of the Act/have not been given notice since the retrenchment being proposed to be effected under an agreement ( a copy of which is enclosed) as provided in the proviso to the said clause.
3. The total number of workmen employed in the industrial establishment is ....
and the total number of those who will be affected by the proposed retrenchment is as given below :- Category and designation to be retrenched (I) Number ofworkmen of workmen Employed To be retrenched
(2) (3)
4. Pennission is solicited for the proposed retrenchment under clause (c) of sub-section ( l) of section 25-N of the Industrial Dispute Act, 194 7 (No. 14 of 194 7).
5. I/We hereby declare that the workmen pennitted to be retrenched will be paid compensation due to them under clause (b) of sub-section ( t) of section 25-N .of the Act.
*Strike out whatever is inapplicable.
Inserted by Notification No. 4(c)- t 0-76-Lab-XVI RajpatraPart1V(Oa)dated21-4-1978Page 14,.
-"' P-A] f0fl'' The M.P. Industrial Di putes Rules, 1957 ANN XURE (Please give replies again t each Item) 11ert1 'No, Name of the undertaking with complete postal 1 · addresses, including telegraphic.addresses and telephone number.
Names and addresses of the workmen proposed 2 · to be retrenched and the nature of their duties, the units/sections/shops where they are working and the wages drawn by them.
3_ Product/products of the undertaking.
4. Details relating to installed capacity, licenced capacity and utilised capacity.
5. (i) Annual production figures monthwise for three years.
(ii) Production figures, month-wise for the preceding twelve months.
6. Work-in-progress, item-wise and value-wise.
7. Any arrangements regarding off loading or subcontracting of products or any components thereof.
8. Position of the order book, item-wise and value wise for a period of six months, and one year, next following and for the period after the expiry of the said one year.
9. Number of working days in a week with the number of shifts per day and the strength of workmen per each shift.
1 O. Balance-sheets, profits and loss accounts and audit reports for the last three years.
11. Financial position of the company.
12. Names of inter-connected company or companies under the same management.
13. (i) The total number of workmen and th number of employees other • as defined un~er ~e In~ Act, 1947 (14 of 1941), empt undertaking.
Perc.enta of I 21S Scanned by CamScanner 216 IS.
16.
17.
I •
19.
20.
21.
22. Reasons for the proposed retrenchment.
23. Any specific attempts made so far to avoid the proposed retrenchment
24. Any other relevant factors with details thereof:
FORMP-B (To be made in triplicate with additional number of copies for service on the workman concerned) (F rm P-8 [See Rule 76-A (2)] Form of application for permission for retrenchment of workman in cases where at the commencement of the Industrial Disputes (Amendment) Act, 1976 (No. 32 of 1976), the period of the notice given under the clause (a) of section 25-F for the retrenchment has not expired.
To, ········································· .................................................................
.. .............................................................. , ....... .
(The State Government/authority referrecl N of the Act).
Date ..................... ..
forlll r-DI Sir, . . 217 I/We ha given notice on ..... und r cl u e (a) or trenchmcnt of the wor man/workm n pecified bcl ~~c notice is/are appended hereto:- ow Ch n 25- r, , the COfrl/ p, of -- Name and address of workman (I) 'Pltion
2. The period of notice referr d to abov ha not expired
3.1/wc hereby solicit permission forth retrenchmentoflhewurunM.,lli 10 above under sub-section (4) of section 2S-N ofth lndu rial (No. 14 of 194 7) for the reasons set out in the Annexure. --i,,_ .. ,.,,. ...
Item No.
I.
2.
3.
4.
5.
ANNEXURE (Please give replies against each item) Name of the undertaking with complete postal addresses, including telegraphic addresses and telephone number.
(a) Names and addresses of the workmen proposed to be retrenched and the nature of their duties, the units/sections/shops were they are working and the wages drawn by them.
(b) Date of the notice of retrenchment given to the workmen concerned under section 25-F (a) and the dates on which the said notice was served on each workman concerned.
Product/products of the undertaki g.
Details relating to installed capaci capacity and the utili d ·
(i) Annual production, i three years.
(ii) Production ti~ preceding tw Scanned by CamScanner 218 The M.P. Industrial Dispu Rul , 1957 next following and for the period after thee piry of the said one year.
9. Number of working da in a week with the number of shifts per da and the strenath C\r workmen per each hift.
I 0. Balance-sheets, profits and loss accounts and audit reports for the last three years.
11. Financial position of the company.
12. Names of inter-connected company or companies under the same management.
13. (i) The total number of workmen and the number of employees other than workmen as defined under the Industrial Disputes Acl 1947 (14 of 1947), employed in the under1aking.
(ii) Pen:entage of wages of workmen to the total cost of production.
14. Administrative, general and selling cost in absolute tams per year for the last three years and pen:entage thereof to the total cost.
IS. Details of retrenchment resorted to in the last threeyars including dates or retrenchment, the number of workmen involved in each case and lhe reasons therefor.
16. Has any of the retrenched workmen been given re-employment and if so, when ? Give details.
17. Are seniority lists maintained in respect ofthe categories of workmen proposed to be relmlched and if so, the details and the position of the workmen affected indicating their length of service including broken periods of service.
18. Anticipated savings due to the proposed retrenchment
19. Any proposal for affecting savings on account of reduction in :-
(i) Managerial ranuneration;
(ii) sales promotion cost; and (Iii) administration expenses.
20. Position of stockonthelutday'?f'iltelilonth ·n the preceding twelve mondal 2 I. Annual sales figures for and month-wi~ twelve months [Fonn P-B fonn Q-QA) The M.P. Industrial Dispute Rules, 1957 219
22. Reasons for the proposed retrenchment
23. Any specific attempts made so far to av~id the proposed retrenchment.
24. Any other relevant factors with details thereof.]
1[FORMQ [See rule 76-B] Form of notice of closure to be given by an mployer under section 25-FFA of the Indu trial Di put Act, 1947.
Name of employer ............................ Address .... .. ........... ................. dated the ................................. day of ......................... ........ ) 9 ...... ..
To Sir, The Secretary to Government, Madhya Pradesh, Labour Department, Bhopal.
Under section 25-FFA of the Industrial Disputes Act, 1947 (14 of 1947), e hereby infonn you that I/We, have decided to close down .... (name of the undertaking) with effect from .... for the reasons explained in the annexure.
The number of workman whose services would be tenninated on account of the closure of the undertaking is ................................. (number of workman).
Yours faithfully c• > (**) (here insert the position which the person who signs this letter holds with the employer issuing this letter).
Copy to:- ANNEXURE Statement of rea ons ( 1) The Labour Commissioner, Madhya Pradesh, Indore.
(2) The Assistant Labour Commissioner ........................... .
(3) The Employment Exchange ....................................... ..
*(Here enter the office address of the Labour Commissioned istant Labour Commissioner and the Employment Exchange in the local•• oe•ima~] 1[FORMQ-A (To be submitted In n,ipltcatt I 1 l 223 Scanned by CamScanner 220 To.
Sir.
The .P. Industrial Di put Rules. 1957 [Fonn Q-A Date ......................... .
The Secretary to the Go mment of adhya Pradesh, Labour Department..
BHOPAL Unde~ section 2 -0 of the Industrial Disputes Act, 194 7 o. 14 of 194 7), J/ we hereby mfonn you that e propose to close down the undertaking specified below ame of the industrial establishment} (Gi e details of the undertaking) ith effect from ............................. for the reasons explained in annexure.
2. Tbe number of workmen whose services will be terminated on account of the closure of the undertaking is ..... (number of workmen).
3. Permission is solicited for the proposed closure.
. I/ e hereby declares that in the event of approval for the closure being granted every workman in the undertaking to whom sub-section (7) of the said section 2S-O applies will be given notice and said compensation as specified in section ofthelndusarialDisputesAct, 1947 o.14ofl947)asiftheworkman had been ,dieadied under that section.
Item EXURE (Please give replies against each item} I. ame of the industrial establishment with COlllplefeplllllalad& e ses, including telegraphic ...._.and telephone number.
2 Thctolal numberad carqpiesof the workmen affrdal~6epn,posedclosure, alongwith the •-ea of die workman and the details of dwa.
J 1111-.Jtftu.,,_,_.,..._...■.king.
• to, • ~ityt installed s.
Yours faithfully.
Fonn Q-A] Th M.P lndustnal Di putcs Rules, 1957 s. Oetailsof personsorthe ganisations1owhom the job(s) is (are) being entruSlcd relationship/ interest of the persons/organisations with the director(s) or the officer(s) of the company.
9. Position of the order book., item-wise and value wise for a period of six months and one year next following and for the period after the exptry of the said one year.
10. umber of working days in a week ith the number of shifts per day and the strength of workmen per each shift.
11. Balance-sheets, profits and loss accounts and audit reports for the last three years.
12. Financial position of the company.
13. (i) ames of inter-connected company or companies under the same management
(ii) Details about inter-corporate investments and changes during the last one year.
(iii) Interest of any of the directors/officer of the undertaking producing same or similar type of product.
14. Percentage of wages of workmen to the total cost of production.
15. Administrative, general and selling cost in absolute terms per year for the last three ears and percentage thereof of to the total cost.
16. Inventory position item wise and alue-wise for the preceding h elve months (inventories to be show in respect of finished produ ts components and ra materials to be shown separately, item ise and al.» ise)
17. Selling arrangements for the last three and any changes in the selling arrangemen1S in preceding twel e months.
18. Full detailsofthe interestofthedm" ~~•• officers of the com~ in the organ· · persons in ol ed in selling products of undertaking.
19. Buying arrangemen components.
of Scanned by CamScanner 222 The M.P. Industrial Disputes Rules, 1957 [Form Q-B To
21. Annual and sales figure for the last three years and months-wise sale figures for the proceeding twel e month both item-wise :md value-wise.
22. Reasons for the propo ed closure.
23. Any specific anempts made so far to avoid the proposed clo ure.
24. Any other rele ant factors with details thereof.
FORMQ-B (To be submitted in triplicate) [See Rule 76C (2)] Form of application for permission to cl~se down an undertaking in cases where at the commencement of the Industrial Dispute (Amendment) _Act. 1976 (N~. 32 of 1976), !he period of notice given under uh-section (1) of ection 25-FFA of intention to close down an undertaking ha not expired.
The Secretary to the Government of Madhya Pradesh, ·Labour Department, BHOPAL Date .................... .
Sir, I/We have given notice on ..... under sub-section (I) of section 25-FFA of our intention to close down an undertaking specified below :- (Name ofindustrial establishment) (Attested copy of the notice is appended hereto) (Give details of the undertaking)
2. The period of notice n,ferred to above has not expired.
3. I/We hereby solicit pennission to close down the said undertaking under sub-section (3) of section 25-0 of the Industrial Disputes Act, 1947 (No. 14 of 1947), for the reuons set out in the Annexure.
4. I/We here declare that in the event of permission for the closure bei~g panted every workmen in the undertaking to whom sub-section ('1) of the said section 2S-0 applies will be given notieo and ~ ~PtDS4ltion specified in section 2S-N oftbe Industrial o...,..,~~&a · e w.orkmen had been retrenchod u_nd;r · Fonn Q-B] Item No.
I.
2.
3.
4.
5.
6.
7.
8.
The M.P. Industrial Disputes Rules, 1957 ANNEXURE (Please give replies against each item) Name of the industrial establishment with complete postal addresses, including telegraphic addresses and telephone number.
Date of notice under sub-section ( 1) of section 25-FFA and the date on which the said notice was served on the appropriate Government.
The total number and categories of the workmen affected by the proposed closure, alongwith the addresses of the workman and the details of wages drawn by them.
Product/products of the undertaking.
Details relating to licenced capacity, installed capacity and the utilised capacity.
(i) Annual production item-wise for preceding · three years.
(ii) Production figures, month-wise for the preceding twelve months.
Work-in-progress, item-wise and value-wise Any arrangements regarding off loading or subcontracting of products or any components thereof.
9. Detai Is of persons or the organisations to whom the job(s) is (are) being entrusted relationship/ interest of the persons/organisations with the directors(s) or the officer(s) of the company.
I 0. Position of the order book, item-wise and value wise for a period of six months, and one year, next fol lowing and for the period after the expiry of the said one year.
11. Number of working days in a week with the number of shifts per day and the strength of workmen per each shift.
12. Balance-sheets, profits and loss accounts and audit reports for the last three years.
13. Financial position of the company.
14. (i) Names of in r-GGa 223 Scanned by CamScanner 224 The M.P. Industrial Disputes Rules, 1957
(iii) Interest of an) of the a dire~tors/officers of the undertaking producing same or _ imilar type or product.
Pcrccntaooe of wages of workmen to the tc,tal 15.
co t of production. . .
I 6. Administrative, general and sell mg cost 111 absolute terms per year for the last three years and percentage there of to the total cost.
17. Inventory position item wise and value-wise for the preceding twelve months (inventories to be sho\.Yn in respect of finished products, components and raw materials to be shown separately, item wise and value wise).
18. Selling arrangements for the last three years and any changes in the selling arrangements in preceding twelve months.
19. Full details of the interests of the directors and officers of the company in the organisations/ persons involved in selling products of the undertaking.
20.
21.
22.
23.
24.
25.
Buying arrangements for raw materials and components.
Interest of the directors and officers with the organisations/persons involved in buying rawmaterials and components for the undertaking.
Annual sales figures for the last three years and month-wise sales figures for the preceding twelve months both item-wise and value-wise.
Reasons for · he proposed closure.
Any specific attempts made so far to avoid the t?roposed closure.
Any other relevant factors with details thereof.]
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