If any employer desires to retrench any workman in his industrial establishment who has been in continuous service for a period of not less than one year under him [herein after referred to as “workman” in this rule and in rules 76 and 16 Inserted vide Haryana Govt. Notification No. G.S.R. 140/CA 14/47/S.38/Amd.(2)/76 dated 27.5.76 17 Substituted vide Haryana Govt. Notification No. G.S.R. 94/C.A. 4/47/S.38/Amd.(1)/76 dated 21.4.1976 25 77”], he shall give notice of such retrenchment as in Form P to the State Government, the Labour Commissioner, Haryana, the Labour-cum-Conciliation Officer of the area and the Employment Exchange concerned, by registered post in the following manner, namely: --
(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 State Government, the Labour Commissioner, Haryana, the Labour-cum- Conciliation Officer of the area 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 thirty days of the agreement, notice of retrenchment shall be sent to the State Government, the Labourcommissioner, Haryana the Labour-cum-Conciliation Officer of the are and the Employment Exchange concerned within three days of the agreement.
FOR PUNJAB “75-A. Notice of and application for permission for retrenchment. -- (1) Notice under clause (c) of sub-section (1) of section 25N for retrenchment shall be served in Form PA and served on the State Government or such authority as may be specified by the State 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 State Government or authority shall be deemed to by the date of service of the notice for the purposes of sub-section (3) of the said section.
(2) Application for permission for retrenchment under sub-section (4) of section 25N shall be made in Form PB (with attested copy of the notice given by the employer under clause (a) of section 25F appended thereto and delivered to such authority as may be specified by the Government 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 sub section (5) of the said section.
(3) The notice, or as the case may be, the application shall be served or made in triplicate and sufficient number of copies thereof for service on the workmen concerned shall be submitted along with the notice or as the case may be the application.
(4) The employer concerned shall furnish to the State Government or to the authority to whom the notice for retrenchment has been given or the application for permission for retrenchment has been made, under clause (c) of sub-section (1) or, as the case may be, sub section (4) of section 25N, such further information as the State 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 authority to communicate its permission, or refusal to grant permission within 26 the period specified in sub-section (3) or , as the case may be, sub-section (5) of section
25N.” FOR HARYANA 18[75-A. Notice of, and application for permission for retrenchment. -- (1) Notice under clause (c) of sub-section (1) of Section 25-N for retrenchment shall be served in Form PA and served on the State Government or such authority as may be specified by that Govt.
under the said clause either personally or by registered post acknowledgment due and where the notice is served by registered post, the date on which the same was delivered to the State Government or the authority shall be deemed to be the date of service of the notice of the said section.
(2) Application for permission for retrenchment under sub-section (4) of Section 25-N shall be made in Form PB (with attested copy of the notice given by the employer under clause (a) of Section 25-F appended thereto) and delivered to the State Government or to such authority as may be specified by that Government either personally or by registered post acknowledgement due and where the application is sent by registered post the date on which the same was delivered to the State Government or the authority shall be deemed to be the date on which the application was made for the purposes of sub-section
(5) of the said section.
(3) The notice, or, as the case may be, the application shall be served or made in triplicate and sufficient number of copies of the application for service on the workmen concerned shall be submitted along with the notice, or as the case may be, the application.
(4) The employer concerned shall furnish to the State Government or the authority to whom the notice for retrenchment has been given or the application for permission for retrenchment has been made under clause (c) of sub-section (1) or, as the case ma be, sub-section (4) of the said Section 25-N such further information as the State 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 State Government or the authority to communicate its permission or refusal to grant permission within the period specified in sub-section (3) or, as the case may be, sub-section (5) of the said Section 25-N]."
19[“75-B. Notice of Closure. -- If an employer intends to close down an undertaking, he shall, give notice of such closure in Form Q to the State Government, the Labour Commissioner, the Labour-cum-Conciliation Officer of the area and Employment Exchange concerned by registered post.]
FOR PUNJAB 18 Inserted vide Haryana Govt. Notification No. G.S.R. 140/Ca 14/47/S.38/Amd.(2)/76 dated 27.5.76 19 Rule 75-A renumbered, as Rule 75-B vide Haryana Govt. Notification No. G.S.R. 140/C.A.
14/47/S.38/Amd. (2) 76 dated 27.5.76 and by Punjab vide GSR 60 dt. 25-5-77.
27 “75-C. 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 State Government either personally or by registered post acknowledgement due.
(2) Application for permission to close down an undertaking, under sub-section (3) of Section 25-O, shall be made in Form QB (with attested copy of the notice served by the employer under sub section (1) of section 25FFA appended thereto and delivered to the State Government 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 State Government shall be deemed to be the date on which the application is made for the purpose of sub-section (4) of the said section.
(3) The notice, or as the case may be, the application shall be made in triplicate.
(4) The employer concerned shall furnish to the State 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.” FOR HARYANA 20 [“75-C. Notice of 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 State Government either personament due.
(2) Application for permission to close down an undertaking, under sub section (3) of Section 25-O shall be made in Form QB (with attested copy of the notice served by the employer under sub-section (1) of Section 25FFA appended thereto) and delivered to the State Government either personally or by registered post acknowledgement due and where the application is sent by registered post the date which the same was delivered to the State Government shall be deemed to be the date on which the application was made for the purposes of sub-section (4) of the said section.
(3) The notice or, as the case may be, application shall be made in triplicate.
(4) The employer concerned shall furnish to the state 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.]” --------------- 20 Inserted vide Haryana Govt. Notification No. G.S.R. 140/CA 14/47/S.38/Amd.(2)/76 dated 27.5.76 28
SCHEDULE 21FORM A (See Rule 3) ** Board of Conciliation Form of application for the reference of an Industrial dispute to a Court of enquiry/Labour Court/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 or relevant to the dispute___________ ** Conciliation/A Court of Enquiry/adjudication by a board of ___________ an application a Labour Court/A Tribunal is hereby made under sub-section (2) of Section 10 of the Industrial Disputes Act, 147, that the ** said matters/said dispute should be referred to a board of “*Conciliation/*Court of Enquiry/a Labour Court/ a Tribunal.
*This application is made by the undersigned who ** have/has been duly authorized to do so by virtue of a resolution (copy enclosed) adopted by a majority of members present at a meeting of _______________ held on the _____________ 19________.
A statement giving the particulars required under rule 3 of the Industrial Disputes (Punjab) Rules, 1958, is attached.
Dated the _________ Signature of ** Employer______________ Signature of the ** President of the Trade Union ______________ or Agent ___________ or Manager __________________ Secretary of the Trade Union ________________ or principal officer of the Corporation.
OR **Signature of five representatives duly authorized (vide resolution enclosed).
* Where applicable.
** Delete whichever is not applicable.
To The Secretary to Government, Punjab, Labour Department, Chandigarh.
21 Form ‘A’ substituted by Punjab Govt. Notification No. 653(1) Lab-I 59/2802 dated 19.1.1959 29 Statement required under Rule 3 of the Industrial Disputes (Punjab) Rules, 1958, accompany the form of application prescribed under sub-section (2) of Section 10 of the Industrial Disputes Act, 147: -
(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.
-------- 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 be recommended for appointment as your representative (s) on the said Board.
If you fail to make the recommendation b the date specified above, the State Government will select and appoint such person(s) as it thinks fit to represent you.
Secretary of Government Punjab, Labour Department.
---------- 22FORM C (SEE RULE 7) AGREEMENT [Under Section 10-A of the Industrial Disputes Act, 1947] between Name of the parties ______________ 22 Substituted vide Haryana Govt. Notification No. G.S.R. 94/C.A..4/47/S.38/Amd.(1)76 dated 21.4.1976 30 Representing employer(s)___________________ Representing workman/workmen____________________ 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 dispute.
(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 workman or workmen 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.
We further agree that the majority decision of the arbitrator(s) shall be binding on us in case the arbitrators are equally divided in their opinion 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) from the date of publication of this agreement in the Official Gazette by the appropriate Government 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 the arbitration shall stand automatically cancelled and we shall be free to negotiate for fresh arbitrator.
Signature of the parties, Representing employer Representing workman/workmen.
Witnesses:
1. ________________
2. ________________ Copy to: -
(i) The Conciliation Officer (here enter office address of the Conciliation Officer in the local area concerned).
(ii) The Labour Commissioner, Haryana.
(iii) The Secretary to Government Haryana, Labour Department.” --------------------- 31 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 for adjudication under Section 10 of the Industrial Disputes Act, 1947, you are hereby summoned to appear before the Board/Court/Labour Court/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 your control in any way relating to the matter under investigation by this Board/Court/Labour Court/Tribunal.
Chairman/Secretary, Board of Conciliation Court of Enquiry OR Dated ________________ Presiding Officer/Secretary, Labour Court Tribunal ------------- FORM E (SEE RULE 34) Notice of change of service conditions proposed by an employer Name of employer ______________ Address ______________________ Dated the ______________ day of _______________ 19_____.
In accordance with Section 9A of 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 this conditions of service applicable to workmen in respect of the matters specified in the Fourth Schedule to the said Act.
Signature_____________ Designation_____________ ANNEXURE 32 (Here specify the change/changes intended to be effected) Copy forwarded to: -
1. The Secretary of registered trade union, if any.
2. Conciliation Officer (here enter office address of the Conciliation Officer in the local area concerned).
3. Labour Commissioner, Punjab.
---------- FORM F (SEE RULE 36) Before Reference No. ________________________________(here mention the authority concerned) of ________________ Workmen Versus In the matter of _____________________ I/We hereby authorize Shri/Sarvshri ______________ to represent me/us in the above matter.
Dated the ________________ day of ______________19____.
Signature of person(s) Nominating the representative(s) Accepted.
Signature ore representative(s) Address Address.
---------------- 33 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) a candidate for election to the Works Committee. He is eligible as a voter in the constituency for which he is nominated.
Dated____________ Signature of proposer.
I agree to the proposed nomination.
Signature of Candidate Dated ______________ Attested by:
(To be signed by any two voters belonging to the electoral constituency)
(1)
(2) --------- 34 FORM G-I (SEE RULE 56-A) Progress report on constitution and functioning of Works Committee for the half year ending the 30th. June/31st. December: -
1. Name and address of the establishment.
2. Name of the employer.
3. (a) Name of workmen employed.
(b) Number of workmen employed.
(c) Names of unions, if any.
(d) Affiliation of the Union(s) in the Central Organization of workers.
4. If the Works Committee has been functioning: -
(a) Date of constitution.
(b) Number of workmen’s representatives (elected members).
(c) Number of workmen’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 ________________.
Place ________________.
Signature of employer of his Representative 35 FORM H (SEE RULE 58) Form for Memorandum of Settlement Names of Parties: - Representing employer(s):
Representing workmen:
Short recital of the case Terms of Settlement.
Signature of the parties_______________ Witnesses:
(1)
(2) *Signature of Conciliation Officer/Board of Conciliation.
Copy to: -
(1) Conciliation Officer (Here enter the office address of the Conciliation Officer in the local area concerned).
(2) Labour Commissioner, Punjab.
(3) The Secretary to Government of Punjab, Labour Department.
*[Substituted for the words “Rule 59 of the Industrial Disputes (Punjab Rules) 1958 by Government Notification No. 653(1)-Lab-1-59/2802 dated 19th. January, 1959] ----------- 36 FORM I (SEE RULE 59) Labour Court Before the ________________________________ Tribunal Complaint under Section 33 of the Industrial Disputes Act, 1947.
A____________________________________________Complainant9s) Address:
Versus B______________________________________________Opposite Party(ies) In the matter of Reference No. _________________ The petitioner(s) begs/beg to complaint that the opposite party(ies) has/have been guilty of a contravention of the provisions of Section 33 of the Industrial Disputes Act, 1947 (XIV of 1947) as shown below:
(Here set out briefly the particulars showing the manner in which the alleged contravention has taken place and the ground on which the order or act of the Management is challenged).
________________________________________________________________ *In cases of settlements effected by Conciliation Officer Board of Conciliation *In cases where settlements are arrived at between the employer and his workmen otherwise than in the course of Conciliation Proceeding.
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 or orders thereon as it may deem fit and proper.
The number of copies of the complaint and its annexure required *(under rule 59 of the Industrial Disputes (Punjab) Rules, 1958 are submitted herewith.
Signature of the Complainant(s) 37 Verification I do solemnly declare that what is stated in paragraphs _____________ 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 ____________19____.
Signature or Thumb-impression of the person verifying *[substituted for the words “Rule 59 of the Industrial Disputes (Punjab Rules) 1958 by Government Notification No. 653(1)-Lab-1-59/2802 dated 19th. January, 1959] FORM J [SEE RULE 60(1)] Before (here mention the Conciliation Officer, Board, Labour Court of Tribunal).
Sub-section (1) of Application for permission under________________ Sub-section (3) of Section 33 of Industrial Disputes Act, 1947, (XIV 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 set out the relevant facts an circumstances of the case and the 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)/subsection (3) of Section 33) Signature of the applicant 38 Dated this___________ day of _________________19_____.
Space for verification (Signature of the person verifying) Date (on which the verification was signed)_________________ Place (at which the verification was signed)_________________ FORM K [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 Disputes Act, 1947 (XIV of 1947) in the matter of reference No. ________________ A__________________________________Applicant.
Versus B___________________________________Opposite Party(ies) The above mentioned applicant begs to state as follows: - (Here set out the relevant facts and circumstances of the case) * The workman/workmen discharges/dismissed under clause (b) of sub-section (2) of section 33 has/have been paid wages for one month.
The applicant prays that Conciliation Officer/Board/Labour Court/Tribunal may be pleased to approve for the action taken, namely: - (Here mention the action taken under clause (h) or clause (b) of sub-section (2) of section 33) Signature of the applicant Dated this _____________________________ day of ____________ 19 .
Space for verification (Signature of the person verifying) Date (on which the verification was signed) _________________ Place (at which the verification was signed)_________________ *[Delete if not applicable] 39 23FORM K-1 TO FORM K-4 FORM K-1 [SEERULE 61-A(1)] Application under sub-section (1) of Section-33-C of the Industrial Disputes Act, 1947.
To
(1) The Secretary to Government Punjab, Labor Department, Chandigarh.
(2) The Labour Commissioner Punjab, Chandigarh.
Sir, I/We have to state that I am/we are entitled to receive from Messrs ______________ a sum of Rs. ________________ on account of _________________ under the provisions of Chapter V-A of the Industrial Disputes Act, 1947, in terms of the award dated the ________________ given by ____________________ in terms of the settlement, dated the ________________ arrived at between the said Messrs_________________________ and their workmen through_______________ duly elected representatives.
I/We further state that I/We further state that I/We served the management with a demand notice by registered post on ______________________ for the said amount, which the management has neither paid nor offered to pay to me/us even though a fortnight has since elapsed. The details of the amount have been mentioned in the statement hereto annexed.
I/We request that the said sum may kindly be recovered from the management under subsection (1) of Section 33-C of the Industrial Disputes Act, 147, and paid to me/us as early as possible.
Signature of the applicant(s) Address(es)
1.
2.
3.
4.
Station_______________ Date________________ ANNEXURE (Here indicate the details of the amount(s) claimed) 23 Substituted vide Notification No. G.S.R. 175/C.A. 14/47/S.38/Amd.(4)66, dated 9.8.1966 40 FORM K-2 [SEE RULE 61-A(1) PROVISION] Application by a person authorized by a workman or by the assignee or heir of a deceased workman under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947.
To
1. The Secretary to Government Punjab, Labour Department, Chandigarh.
2. The Labour Commissioner, Punjab Chandigarh.
Sir, I, [Shri/Shrimati/Kumari_______________ have to state that Shri/Shrimati/Kumari____________ is/was entitled to receive from Messrs_________________ a sum of Rs. ____________ on account of __________________ under the Provisions of Chapter V-A of the Industrial Disputes Act, 1947/in terms of the award, dated the _________ given by _____________ in terms of the settlement, dated the _____________ arrived at between and said Messrs______________, and their workmen through______________________the duly elected representatives.
I further state that I served the management with a demand notice by registered post on ________________ for the said amount, which the management has neither paid nor offered to pay to me even though a fortnight has since elapsed. The details of the amount have been mentioned in the terms hereto annexed.
I request that the said sum may kindly be recovered from the management under subsection (1) of Section 33-C of the Industrial Disputes Act, 1947, and paid to me as early as possible.
* I haves been duly authorized in writing by (here insert the name of the workmen) to make this application and to receive the payment of the aforesaid amount due to him.
* I am the assignee/heir of the deceased workman and am, entitled to receive the payment of the aforesaid amount due to him.
Signature of the applicant Station __________________ Address_______________________ Dated________________ ANNEXURE (Here indicate the details of the amount claimed) [Strike out the portions inapplicable] 41 FORM K-3 [SEE RULE 61-A(2)] Application under sub-section (2) of Section 33-C of the Industrial Disputes Act, 1947.
Before the Punjab Government Labour Court at_________________ between
(1) Name of the applicant(s)
(2) Name of the employer The petitioner,_________________ a workman of _______________ The petitioners undersigned workmen of M/s_____________________is/are entitled to receive from the said M/s______________ the money/benefits mentioned in the statement hereto annexed.
It is prayed that the Court be pleased to determine the amount/amounts due to the petitioner(s).
Signature or thumb impression(s) Address(es) of the applicant(s)
1._______________
2._______________
3._______________
4._______________ Station___________________ Dated____________________ ANNEXURE (Here to set out the details of the money due or the benefits accrued together with the case for their admissibility) ------------------ 42 FORM K-4 [SEE RULE 61-A(3)] Application under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947.
To
1. The Secretary to Government Punjab.
Labour Department, Chandigarh.
2. The Labour Commissioner, Punjab.
Chandigarh.
Sir, I have to state that I am entitled to receive from Messrs_________________ P.O._________________ District_____________(with whom I am/was employed) a sum of Rs.____________________ in terms of the award dated the _____________ given by ______________________ in terms of the settlement dated the _______________ under Chapter V-A of the Industrial Disputes Act, 1947, according to the determination of the Labour Court_____________________. A certified copy of the said Labour Court’s finding is enclosed. I request that the said sum of money may kindly be recovered from Messrs_________________ under sub-section (1) of Section 33-C of the said Act and paid to me.
Signature of the applicant Address________________ Station _______________ Dated ________________ -------------- 43 FORM L [SEE RULE 70] Form of notices of strike to be given by the employee(s) in Public utility service.
Name of Union __________________ Names of elected representatives of employees where no trade union exists.
Address Dated the _________________ day of ______________ 19 .
To (The name of the employer) Dear Sir/Sirs, In accordance with the provisions contained in sub-section (1) 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 reasons explained in the annexure.
Yours faithfully Secretary of the Union Representative of the employees elected at a meeting held on ANNEXURE State of the case.
Copy to:
1. Conciliation Officer, (Here enter office address of the Conciliation Officer, in the local area concerned).
2. Labour Commissioner, Punjab.
-------------------- 44 FORM M [SEE RULE 71] Form of notice of lock-out to be given by an employer carrying on a public utility service.
Name of employer______________________ Address______________________________ Dated the ________________ day of _______________________ 19____________.
To (The Secretary of the Registered Union, if any) Dear Sir, In accordance with the provisions of sub-section (2) of Section 22 of the Industrial Disputes Act, 1947, I/we hereby inform you that it is my/our intention to effect a lock-out with effect from __________________ for the reasons explained in the annexe.
Yours faithfully, ANNXURE Statement of case.
Copy to:
1. Conciliation Officer, (Here enter office address of the Conciliation Officer, in the local area concerned).
2. Labour Commissioner, Punjab.
----------------- FORM N [SEE RULE 72] Form of Report of Strike or Lock-out in a public utility service. Information to be supplied in this form immediately on the occurrence of a strike or lock out in a public utility service to the Conciliation Officer for the local area concerned.
No. of workers involved Name of Station Normal Directly Indirectly Strike of under- and working Lock-out taking District strength 1 2 3 4 5 6 45 Date of Cause Was notice Is there any per- Any other commence- of strike manent agency of information ment of or lock- agreement in the strike or out given? undertaking for the settlement of disputes between the employer and workmen? If any, exists, particulars thereof.
7 8 9 10 11 Note: Column (3). – Give the average 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 for reasons other than individual reasons of particular workman. Thus days on which 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 1,000 workers, has to be closed then 200 should be shown under “directly” and the remaining under “indirectly”. If the strike (of 200 workers does not affect the working of the other departments of factory, the number of workers involved would only be 200, which figure should appear under “directly” and column “indirectly” would be blank.
Column (8). – Give the main causes of the dispute as well as the immediate cause that led to the strike or lock out.
*[Where the settlement was effected at the intervention of the conciliation machinery, or by mutual negotiations between the parties, may be indicated here] --------------------- 46 FORM 0 [SEE RULE 74] REGISTER PART I Serial No. Industry Parties to Date of Remarks The settlement settlement
PART II (Should contain one copy each of the settlements in the serial order indicated I Part I) ----------- FORM O-1 [SEE RULE 74-A] To The Labour Commissioner, Punjab, Chandigarh.
Sir,
1. Under Rule 74-A of the Industrial Disputes (Punjab) Rules, 1958, I/we hereby inform you that I/We have laid off___________ out of a total of ______________ workmen employed in the 24establishment with effect 25from ______________ for the reasons explained in the Annexure.
2. Such of the workmen concerned as are entitled to compensation under Section 25-C of the Industrial Disputes Act, 1947, will be paid compensation due to them.
Yours faithfully, 26 Copy forwarded to Conciliation Officer (here specify the address of the Conciliation Officer of the local area concerned).
ANNEXURE Statement of reasons --------- 24 Here insert the number of workmen 25 Here insert the date 26 Here insert the position which the person who signs the letter with the employer issuing the letter.
47 FORM O-2 [SEE RULE 74-A] To The Labour Commissioner, Punjab, Chandigarh.
Sir, As required by Rule 74-A of the Industrial Dispute (Punjab) Rules, 1958, and in continuation of my/our notice dated _______________ inform o-1, I/We hereby inform you that the lay off in my/our establishment has ended on _______________ Yours faithfully27 Copy of the Conciliation Officer _______________ (here specify the address of the Conciliation Officer of the local area concerned).
[1. Here insert the number of workmen.
2. Here insert the date.
3. Here insert the position, which the person who signs the letter holds with the employer issuing the letter].
------------ FOR PUNJAB “FORM O-3” (To be submitted in triplicate with additional number of copies for service on the workmen concerned.)” [See Rule 74B(1)] Form of application for permission to lay off/to continue the lay-off of workmen in Industrial Establishments to which provisions of Chapter VN of the Industrial Disputes Act, 1947 (Act 14 of 1947) apply.
To ------------------ (The authority specified under sub section (1) of section 25M) Sir, 27 Here insert the position which the person who signs the letter with the employer issuing the letter.
48 Under sub-section (1)/sub-section (2) of section 25M of Industrial Disputes Act, 1947 (Act 14 of 1947) read with sub rule (1) of rule 74B of the Industrial Disputes (Punjab) Rules, 1958, I/We hereby apply for permission to lay off/permission to continue the layoff of ________ workmen of a total of ___________ workmen reemployed in my/our establishment with effect from ____________ for the reasons set out in the Annexure.
Permission is solicited for the lay off/to continue the lay-off of the said workmen.
Such of the workmen permitted to be laid off will be paid such compensation, if any, to which he is entitled under sub-section (6) of section 25M, read with section 25C, of the Industrial Disputes Act, 1947 (Act 14 of 194).
Yours faithfully (Signature) ANNEXURE (Please give replies against each item) Item No. –
1. Name of the undertaking with complete postal address, including telegraphic addresses and telephone numbers.
2. Status of undertaking: -
(i) Whether central public sector/state public sector/foreign majority company/joint sector, etc.
(ii) If belongs to large industrial house, please indicate the controlling group and if a foreign majority company indicate the extent of foreign holdings.
(iii) Whether the undertaking is licensed/registered and if so name of the licensing registration authority and licence/registration certificate numbers.
3. (a) Names and address 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 (Act 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/section/shops where they are or were working and the wages drawn by them.
4. Product/products of the undertaking.
5. Details relating to installed capacity, licensed capacity and utilized capacity.
6. (i) Annual production, item-wise for the preceding three years.
(ii) Production figures, month-wise, for the preceding twelve months.
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7. Work in progress, item-wise and value wise.
8. Any arrangements regarding off-loading or sub-contracting of products of any components thereof.
9. Position of the order book item wise and value-wise for a period of six months, or one year next following and for the period after the expiry of the said one-year.
10. Number of working days in a week with 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. Names of the inter-connected companies or companies under the same management.
14. The total number of workmen category-wise and the number of employees other than workmen as defined under the Industrial Disputes Act, 1947 (14 of 1947), employed in the undertaking.
15. Administrative, general and selling cost in absolute terms per year in the last three years and percentage thereof to the total cost.
16. Details of lay-offs resorted to in the last three years (other than the layoff for which permission is sought), including the periods of such lay-offs the number of workmen involved in each such lay-off and the reasons thereof.
17. Anticipated savings due to the proposed lay-off/lay off for the continuance of which permission is sought.
18. Any proposal for effecting savings on account of reduction in: -
(i) Managerial remuneration;
(ii) Sales promotion cost; and
(iii) General administration expenses.
19. Position of stocks on last day of each of the months in the preceding twelve months.
20. Annual sales figures for the last three years and month-wise sales figures for the preceding twelve months, both item-wise and value-wise.
21. Reasons for the proposed lay-off/lay off for the continuance of which permission is sought.
22. Any specific attempts made so far to avoid the proposed lay off/lay off for the continuance of which permission is sought.
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23. Any other relevant factors with details thereof.
Strike out whatever is inapplicable.
28FORM P [SEE RULE 75] Form of Notice of Retrenchment to be given by an employer under Clause (C) of Section 25-F of the Industrial Disputes Act, 1947.
Name of employer _______________ Address________________________ Dated the_____________ day of _______________19 .
To The Secretary to the Government Haryana, Labour Department, Chandigarh.
Sir,
1. Under Clause (c) of Section 25-F of the Industrial Disputes Act, 1947 (14 of 1947), I/we hereby inform you that I/we have decided to retrench ___________ workmen with effect from _______________ for the reasons explained in Annexure.
2. The workmen concerned were given on ____________ 19 _____________ one month’s notice in writing as required under clause (a) of Section 25-F of that Act.
Retrenchment is being affected in pursuance of an agreement, a copy of which is enclosed. The workmen were given on the _______________ 19________ one month’s pay in lieu of notice, required in clause (a) of Section 25-F of that Act.
3. The total number of workmen employed the industrial establishment is ______________ and the total number of those who will be affected by the retrenchment is given below: - Category and designation of Number of workmen workmen to be retrenched Employed To be retrenched 1 2 3 28 Substituted vide Hry. Govt. Notification No. G.S.R. 94/Ca4/47/S.38/Amd.(1)/76 dt. 21.4.76.
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4. I/We hereby, declare that the workman/workmen concerned has/have been/will be paid compensation due to them under Section 25-F of the Act, on ____________/the expiry of the notice period.
Yours faithfully ---------------- ANNEXURE Statement of reasons Copy to: -
(1) The Labour-cum Conciliation Officer (here enter the office address of the Labour-cum-conciliation Officer in local concerned).
(2) The Labour Commissioner, Haryana, Chandigarh.
(3) The employment Officer, Employment Exchange_______________ (Here enter the office address of the Employment Exchange concerned).
____________________________ * Here insert the position, which the person who signs the letter holds with the employer issuing the letter.
----------------------- FOR PUNJAB FORM PA (To be made in triplicate with additional number of copies for service on the workmen concerned).
[SEE RULE 75A(1)] Form of notice for permission for retrenchment of workmen to be given by an employer under clause (c) of sub-section (1) of section 25N of the Industrial Disputes Act, 1947 (Act 14 of 1947).
Dated_____________ 52 To ________________ (The authority specified under clause (c) of sub-section (1) of section 25N of the Act).
1. Under clause (c) of sub-section (1) of section 25N of the Industrial Disputes Act, 1947 (Act 14 of 1947), I/we hereby inform you that I/we propose to retrench __________ workmen (being workmen to whom sub-section (1) of section 25N applies) with effect from _________ for the reason set out in the Annexure.
2. The workmen concerned have been given notice in writing as required under clause (a) of subsection (1) of section 25N of the Act/have not been give notice since the retrenchment is 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 of Number of workmen workmen to be retrenched Employed To be retrenched 1 2 3
4. Permission is solicited for the proposed retrenchment, under clause (c) of subsection (1) of section 25N of the Industrial Disputes Act, 1947 (Act 14 of 1947).
5. I/We hereby declare that the workmen permitted to be retrenched will be paid compensation due to them under clause (b) of sub-section (1) of section 25N of the Act.
Yours faithfully, (Signature) ANNEXURE (Please give replies against each item) Item No. –
1. Name of the undertaking with complete postal address, including telegraphic addresses and telephone numbers.
2. Status of undertaking – 53
(i) Whether Central public sector/State public sector/foreign majority company/joint sector, etc.
(ii) If belongs to large industrial house, please indicate the controlling group and if a foreign majority company, indicate the extent of foreign holdings.
(iii) Whether the undertaking is licenced/registered and if so, name of licencing/registration authority and licence/registration certificate numbers.
3. Names and addresses of the workmen proposed to be retrenched and the nature of their duties, the units/sections shops where they are working and the wages drawn by them.
4. Product/Products of the undertaking.
5. Details relating to installed capacity, licensed capacity and the utilized capacity.
6. (i) Annual production item-wise for the preceding twelve months.
(iii) Production figures month-wise for the preceding twelve months.
7. Work in progress item-wise and value-wise.
8. Any arrangement regarding off-loading or sub-contracting of products of any components thereof.
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 expiry of the said oneyear.
10. Number of working days in a week with number of shifts per day and strength of workmen per each shift.
11. Balance sheet; profit and loss account and audit reports for the last three years.
12. Financial position of the company.
13. Names of the inter-connected companies or companies under the same management.
14. (i) The total number of workmen (category-wise) and the number of employees other than workmen as defined in the Industrial Disputes Act, 947 (Act 14 of 1947), employed in the undertaking.
(ii) Percentage of wages of workmen to the total cost of production.
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15. Administrative, general and selling cost in absolute terms per year for the last three years and percentage thereof to the total cost.
16. Details of retrenchment resorted to in the last three years, including dates of retrenchment, the number of workmen involved in each case, and the reasons thereof.
17. Has any of the retrenched workmen been given re-employment and if so, when?
Give details.
18. Are seniority lists maintained in respect of the categories of workmen proposed to be retrenched and if so, the details and the position of the workmen affected indicating their length of service including broken periods of service?
19. Anticipated savings due to the proposed retrenchment.
20. Any proposal for effecting savings on account of reduction in –
(i) managerial remuneration;
(ii) sales promotion cost; and
(iii) administration expenses.
21. Position of stock on the last day of each of the months in the preceding twelve months.
22. Annual sales figures for the last three years and month-wise sales figures for the preceding twelve months both item-wise and value-wise.
23. Reasons for the proposed retrenchment
24. Any specific attempt made so far to avoid the proposed retrenchment.
25. Any other relevant factors with details thereof.
FORM PB (To be made in triplicate with additional number of copies for service on the workmen concerned) [SEE RULE 75-A(2)] Form of application for permission for retrenchment of workmen in case where the commencement of the Industrial Disputes (Amendment) Act, 1976 (Act 32 of 1976), the period of notice given under clause (a) of Section 5-F for the retrenchment has not expired.
Date_________ 55 To ____________ (The authority referred to in sub-section (2) of section 25-N) Sir, I/We have given notice on ___________ under clause (a) of Section 25F for the retrenchment of the workman/workmen specified below (Attested copy/copies of the notice/is/are appended thereto):
-------------------------------------------------------------------------------------------------- Name and address of the workman/workmen. Category and designation -------------------------------------------------------------------------------------------------- 1 2 -------------------------------------------------------------------------------------------------------
2. The period of notice referred to above has not expired.
3. I/We hereby solicit permission for the retrenchment of the workmen referred to above under sub-section (4) of section 25N of the Industrial Disputes Act, 1947 (Act 14 of 1947) for the reasons set out in the Annexure.
Yours faithfully, (Signature) ANNEXURE (Please give replies against each item) Item No. –
1. Name of the undertaking with complete postal address including telegraphic addresses and telephone numbers.
2. Status of undertaking –
(i) Whether Central public sector/State public sector/foreign majority company/joint sector, etc.
(ii) If belongs to large industrial house, please indicate the controlling group and if a foreign majority company, indicate the extent of foreign holdings.
(iii) Whether the undertaking is licenced/registered and if so, name of licencing/registration authority and licence/registration certificate numbers.
3. Names of the workmen proposed to be retrenched and the nature of their duties, the units/sections shops where they are working and the wages drawn by them.
4. Product/Products of the undertaking.
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5. Details relating to installed capacity, licensed capacity and the utilized capacity.
6. (i) Annual production item-wise for the preceding three years.
(ii) Production figures month-wise for the preceding twelve months.
7. Work in progress item-wise and value-wise.
8. Any arrangement regarding off-loading or sub-contracting of products of any components thereof.
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 expiry of the said oneyear.
10. Number of working days in a week with number of shifts per day and strength of workmen per each shift.
11. Balance sheet, profit and loss account and audit reports for the last three years.
12. Financial position of the company.
13. Names of the inter-connected companies or companies under the same management.
14. (i) The total number of workmen category-wise and the number of employees other than workmen as defined in the Industrial Disputes Act, 947 (Act 14 of 1947), employed in the undertaking.
(ii) 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 years and percentage thereof to the total cost.
16. Details of retrenchment resorted to in the last three years, including dates of retrenchment, the number of workmen involved in each case, and the reasons thereof.
17. Has any of the retrenched workmen been given re-employment and if so, when?
Give details.
18. Are seniority lists maintained in respect of the categories of workmen proposed to be retrenched and if so, the details and the position of the workmen affected indicating their length of service including broken periods of service?
19. Anticipated savings due to the proposed retrenchment.
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20. Any proposal for effecting savings on account of reduction in –
(i) managerial remuneration;
(ii) sales promotion cost; and
(iii) General administration expenses.
21. Position of stock on the last day of each of the months in the preceding twelve months.
22. Annual sales figures for the last three years and month-wise sales figures for the preceding twelve months both item-wise and value-wise.
23. Reasons for the proposed retrenchment
24. Any specific attempt made so far to avoid the proposed retrenchment.
25. Any other relevant factors with details thereof.
FORM QA (To be submitted in triplicate) [SEE RULE 75C(1)] Form of notice for permission of closure to be given by an employer under sub-section
(1) of Section 25-O of the Industrial Disputes Act, 1947 (Act 14 of 1947).
Date__________ To The Secretary to Government, Punjab, Labour Department, Chandigarh Sir, Under Section 25-O of the Industrial Disputes Act, 1947 (Act 14 of 1947), I/We hereby inform you that I/we propose to close down the undertaking specified below of (Name of the Industrial establishment) (Give details of the undertaking) with effect form________________ for the reasons explained in the Annexure.
2. The 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.
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4. I/we hereby declare that in the event of approval for the closure being granted, every workmen in the undertaking to whom sub-section (7) of the said Section 25O applies will be given notice and paid compensation as specified in Section 25-N of the Industrial Disputes Act, 1947 (Act 14 of 1947), as if workman had been retrenched under that section.
Yours faithfully, (Signature) ANNEXURE (Please give replies against each item) Item No. –
1. Name of the industrial establishment with complete postal address including telegraphic addresses and telephone numbers.
2. Status of undertaking –
(i) Whether Central public sector/State public sector/foreign majority company/joint sector, etc.
(ii) If belongs to large industrial house, please indicate the controlling group and if a foreign majority company, indicate the extent of foreign holdings.
(iii) Whether the undertaking is licenced/registered and if so, name of licencing/registration authority and licence/registration certificate numbers.
3. The total number and categories of workmen affected by the proposed closure, along with addresses of the workmen and the details of wages drawn by them.
4. Product/Products of the undertaking.
5. Details relating to installed capacity, licensed capacity and the utilized capacity.
6. (i) Annual production item-wise for the preceding three years.
(ii) Production figures month-wise for the preceding twelve months.
7. Work in progress item-wise and value-wise.
8. Any arrangement regarding off-loading or sub-contracting of products of any components thereof.
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9. Details of persons or the organization to whom the job(s) is (are) being entrusted relationship/interest of the persons/organizations with the director(s) for the officer(s) of the company.
10. 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 oneyear.
11. Number of working days in a week with number of shifts per day and strength of workmen per each shift.
12. Balance sheet, profit and loss account and audit reports for the last three years.
13. Financial position of the company.
14. (i) Names of the inter-connected companies or companies under the same management.
(ii) Details about inter corporate investments and changes during the last one year.
(iv) Interest of any of the directors/officers of the undertaking producing same or similar type of product.
15. Percentage of wages of workmen to the total cost of production.
16. Administrative, general and selling cost in absolute terms per year for the last three years and percentage thereof to the total cost.
17. Inventory position item-wise and value-wise for the preceding twelve months (Inventories to be shown in respect of finished products, components and raw materials to be shown separately item-wise and values-wise)
18. Selling arrangement for the last three years and any change in the selling arrangement in the preceding twelve months.
19. Full details of the interest of the directors and officer of the company in the organization/persons involved in selling products of the undertaking.
20. Buying arrangements for raw materials and components.
21. Interests of the directors and officers with the organization/persons involved in buying raw materials and components for the undertaking.
22. Annual sales figures for the last three years and month-wise sales figures for the preceding twelve months both item-wise and value-wise.
23. Reasons for the proposed closure.
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24. Any specific attempts made so far to avoid the closure.
25. Any other relevant factors with details thereof.
------------ FOR PUNJAB FORM QB (To be submitted in triplicate) [SEE RULE 75C(2)] Form of application for permission to close down an undertaking in cases whereat the commencement of the Industrial Disputes (Amendment) Act, 1976 (Act 32 of 1976), the period of notice given under sub-section (1) of Section 25FFA of intention to close down an undertaking has not expired.
Date________________ To The Secretary to Government, Punjab, Labour Department, Chandigarh.
Sir, I/we have give notice on ______________ under sub-section (1) of Section 25FFA of our intention to close down an undertaking specified below:
(Name of Industrial establishment) (Attested copy of the notice is appended hereto) (Give details of the undertaking)
2. The period of notice referred to above has not expired.
3. I/we hereby solicit permission to close down the said undertaking under sub-section (3) of Section 25 of the Industrial Disputes Act, 147 (Act 14 of 1947) for the reasons set out in the Annexure.
4. I/we hereby declare that in the event of permission for the closure being granted, every workman in the undertaking to whom sub section (7) of the said Section 25 O applies will be given notice and paid compensation as specified in Section 25-N of the Industrial Disputes Act, 1947 (Act 14 of 1947) as if the workman had been retrenched under that section.
Yours faithfully, (Signature) 61 ANNEXURE (Please give replies against each item) Item No. –
1. Name of the industrial establishment with complete postal address including telegraphic addresses and telephone numbers.
2. Status of undertaking –
(i) Whether Central public sector/State public sector/foreign majority company/joint sector, etc.
(ii) If belongs to large industrial house, please indicate the controlling group and if a foreign majority company, indicate the extent of foreign holdings.
(iii) Whether the undertaking is licenced/registered and if so, name of licencing/registration authority and licence/registration certificate numbers.
3. Date of the notice under sub-section (1) of Section 25FA and the date on which the said notice was served on the appropriate Government.
4. The total number and categories of workmen affected by the proposed closure, along with addresses of the workmen and the details of wages drawn by them.
5. Product/Products of the undertaking.
6. Details relating to installed capacity, licensed capacity and the utilized capacity.
7. (i) Annual production item-wise for the preceding three years.
(ii) Production figures month-wise for the preceding twelve months.
8. Work in progress item-wise and value-wise.
9. Any arrangement regarding off-loading or sub-contracting of products of any components thereof.
10. Details of persons or the organization to whom the job(s) is (are) being entrusted relationship/interest of the persons/organizations with the director(s) for the officer(s) of the company.
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11. 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 oneyear.
12. Number of working days in a week with number of shifts per day and strength of workmen per each shift.
13. Balance sheet, profit and loss account and audit reports for the last three years.
14. Financial position of the company.
15. (i) Names of the inter-connected companies 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/officers of the undertaking producing same or similar type of product.
16. Percentage of wages of workmen to the total cost of production.
17. Administrative, general and selling cost in absolute terms per year for the last three years and percentage thereof to the total cost.
18. Inventory position item-wise and value-wise for the preceding twelve months (Inventories to be shown in respect of finished products, components and raw materials to be shown separately item-wise and values-wise)
19. Selling arrangement for the last three years and any change in the selling arrangement in the preceding twelve months.
20. Full details of the interest of the directors and officer of the company in the organization/persons involved in selling products of the undertaking.
21. Buying arrangements for raw materials and components.
22. Interests of the directors and officers with the organization/persons involved in buying raw materials and components for the undertaking.
23. Annual sales figures for the last three years and month-wise sales figures for the preceding twelve months both item-wise and value-wise.
24. Reasons for the proposed closure.
25. Any specific attempts made so far to avoid the closure.
26. Any other relevant factors with details thereof.
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