If any employer desires to retrench any workmen employed in his industrial establishment who has been in continuous service for not less than one year under him (referred in as 'workman' in this rule and in rules 79 and 80), he shall give notice of such retrenchment as in Form P to the State Government, [and Conciliation Officer of the area] and such notice shall be served on that Government, by registered post in the following manner :-
(a) Where notice is given to the workmen; notice of retrenchment shall be sent withing three days from the date on which notice is given to the workmen;
(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, [and the Conciliation Officer of the area] at least one month before such date:
Provided that if the date of termination of service agreed upon is within 30 days of the agreement, the notice of retrenchment, shall be sent to Government, within 3 days of the agreement:]
Provided further that in case of working journalists, the provisions of subsection (2) of Section 3 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act. 1955 (XIV of 1955) shall apply.
1[78-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 the authority shall be deemed to be the date of service of the notice for the purposes of subsection (3) of the said section.
(2) Application for permission for retrenchment under sub-section (4) of Section 25N shall be made in Form P-B [with attested copy of the notice given by the employer under clause (a) of Section 25F appended thereto and delivered to the State Government or to such authority as may be specified by the State Government either personally or by registered post acknowledgment due and where the application is sent by registered post the date on which the same is
1. Ins. by S O. 1735 dated 29-11-1976.
22 delivered to the State Government or the 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 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 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 Section 25N.