The Industrial Disputes (Bihar) Rules, 1947, are hereby repealed :
Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under corresponding provisions of these rules.
23
SCHEDULE FORM A Form of application for the reference of an industrial dispute to a Board of Conciliation/Court of Enquiry/Labour Court/Tribunal under section 19(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/the dispute, and investigation should be referred for Enquiry/adjudication by settlement/to a Board of Conciliation/a Court of Enquiry/a Labour Court/a Tribunal, an application is hereby made under sub-section (2) of Section 10 of the Industrial Disputes Act, 1947, that the said, matter/said dispute should be referred to a Board of Conciliation/a Court of Enquiry/a Labour Court/a Tribunal.
This application is made by the undersigned who have/has been duly authorised to do so by virtue of a resolution (copy enclosed) adopted by a majority of the members present at a meeting of the------------ h e ld on the------------ 19--------- .
A statement giving the particulars required under rule 3 of the Industrial Dispute (Bihar) Rules, 1961, is attached.
Dated the--------------------- Signature of the applicant(s) To, The Secretary to Government of Bihar, Labour Department, Patna.
Statement required under rule 3 of the Industrial Disputes (Bihar) Rules, 1961, to accompany the form of application prescribed under sub-section (2) of Section 10 of the Industrial Disputes Act, 1947:
(a) Parties to the dispute including the name and address of the establishment or undertaking involved.
(b) Specific matters in dispute
(c) Total number of workmen employed in the undertaking affected.
(d) Estimated number of workmen affected or likely to be affected by the dispute.
(e) Efforts made by the parties themselves to adjust the dispute.
FORM B Whereas an industrial dispute has arisen/is apprehended between ------------------------------------ -----------------------------------------and------------------------------------------------ and it is expedient to a Board at 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), address (es) of one/(two) person (s) whom you wish to recommend for appointment as your representative (s) on the Board.
If you fail to make the recommendation by the date specified above, the Central Government will select and appoint such person (s) as it thinks fit to represent you.
Secretary to the Government of Bihar, Labour Department.
24 FORM C Agreement between— Names of Parties Representing employers:
It is hereby agreed between the parties to refer the following industrial dispute to the arbitration of----- ------------------------------------------------------------------------ [Here specify the name (s) and address (es) of the arbitrator (s).]
(i) Specify 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 union, if any, representing the 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 t dispute.
Signature of the parties----- Witnesses------ Representing employers----- Representing Workmen-----
(1)
(2) Copy to----
(i) The Conciliation Officer .................................................................................... (here enter office address of the Conciliation Officer in local area concerned).
(ii) The Labour Commissioner, Bihar.
(iii) The Secretary of the Government of Bihar, Labour Department, Patna.
FORM D Whereas an industrial dispute between ...............................................................................................
and............................ has been referred to this Board of Conciliation for investigation and settlement for adjudication / 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 sa id 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 Presiding Officer, Labour Court/ Tribunal.
Dated---------------------- 25 FORM E (See Rule 34) BEFORE (here mention the authority concerned).
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 the representative (s).
Address— Accepted— Signature of representative(s).
Accepted.
FORM F (See Rule 38) Notice of change to be given by an Employer.
Name 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 with Section 9A of the Industrial Disputes Act, 1947, I/We beg to inform you that it is my/our intention to effect the change/changes specified in the annexure to this letter, with effect from...............................................................................................................................................
Yours faithfully.
Signature..................................................
Name.........................................................
Designation...............................................
ANNEXURE (Here specify the change/changes intended to be effected).
FORM G From of Nomination Paper.
Name of Industrial Establishment-- 26 Group/Section/Shop/Department.
I nominate (here enter the name of the Workmen's representative eligible tor election) ------------------------- ----------------------a candidate for election to the Works committee. He is eligible as a voter in the constituency for which he is nominated.
Signature of proposer Date--------------------------- I agree to proposed nomination.
Signature of candidate Date------------------------------ Attested by--------------------
(1) ..................................................
(2) .........................................................
FORM H From for Memorandum of Settlement Name of Parties Representing employer(s)---- Representing Workmen---- Short recital of the case Terms of Settlement.
(To be signed by any two voters belonging to the electoral constituency.
Witnesses:
(1) -------------------------------- --------------------------------
(2) -------------------------------- -------------------------------- Signature of the Parties.
*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, Bihar, Patna.
(3) The Secretary to the Government of Bihar, Labour Department, Patna.
FORM I Before the Labour Court/Tribunal---------------------------------------------------------------------complaint under section 33-A of the Industrial Disputes Act, 1947.
A -----------------------------------------------------------Complainant(s).
Address.
versus B ------------------------------------------------------------ Opposite party (les).
Address.
27 In the matter of reference on------------------------------------------------------- The petitioner(s), beg (s) to complain that the opposite party (ies) has/have been guilty of a contravention of the provisions of Section 33 of the Industrial Disputes Act. 1947 (XIV of 1947) as shown below:— *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 conciliation proceedings.
(Here set out briefly the particulars showing the manner in which the alleged contravention has taken place and the grounds on which the order or act of the management is challenged.)
The complainant (s) accordingly prays/pray that labour Court/Tribunal may be pleased to decide the complaint set out above and pass such orders thereon as it may deem fit and proper.
The number of copies of the complaint and its annexures required under rule 62 of the Industrial Disputes (Bihar) Rules, 1961, are submitted herewith.
Signature of the complainant(s).
Dated, this----------------------------------day of-----------------------19................ .
VERIFICATION I do solemnly declare that what is stated in paragraph--------------------------------------------------------------------- above is true to my knowledge and that what is stated in paragraphs------------------------------------------------- above is stated upon information received and believed by me to be true. This verification is signed by me at------------------on---------------day----------------19--------- Signature/or thumb-impression of the person verifying.
FORM H BEFORE------------------------------------------------------------------ (Here mention the Conciliation Officer, Board, Labour Court, Tribunal).
APPLICATION FOR PERMISSION under sub-section (1) of/sub-section (3) of Section 33 of the Industrial Disputes Act, 1947, in the matter of Reference.
No. ------------------------------------ A--------------------------------------------------------------Applicant Address (es) ------------------------------------------------ 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 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) /sub-section (3) of Section 33.]
Signature of the applicant.
Dated this .................................................................of .............................................19..................... .
28 (Space for verification) (Signature of the person verifying.)
Date (on which the verification was signed) --------------------------------------------------------------------------------- Place (at which the verification was signed) --------------------------------------------------------------------------------- FORM K BEFORE ------------------------------------------------------------------------------------------- (Here mention the Conciliation Officer, Board, Labour Court, Tribunal).
APPLICATION UNDER SUB-SECTION (2) OF SECTION 33 OF THE INDUSTRIAL DISPUTES ACT, 1947 IN THE MATTER OF REFERENCE NO.
NO --------------------------------------------------------- A--------------------------------------------------------------Applicant Addresses..............................................................
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 or workmen discharged or dismissed under clause (b) of sub-section (2) of Section 33 has or have been paid wages for one month.)
The applicant prays that the Conciliation Officer/Board/Labour Court/Tribunal may be pleased to approve of the action taken namely:- (Here mention the action taken under clause (a) or clause (b) of sub-section (2) of Section 33.)
Signature of the applicant.
Dated this .................................................................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.
FORM L Form of notice of strike to be given by employees in a public utility service.
Name of trade union/names of elected representatives of workmen where no trade union exists.
Addresses ------------------------------------------------------ Dated the ---------------------------------------day of -----------------------------19------------------ .
To (The name of the employer,) Dear Sir/Sirs, 29 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---------------------------------------------------------------------- -------------------------------------- for the reasons explained in the annexe.
Yours faithfully, Secretary of the Trade Union Representatives 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, Bihar, Patna.
FORM M 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 Trade Union/the workmen individually when there is no registered Trade Union.
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, Here insert the position which the person who signs the letter holds with the employer issuing the letter.
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, Bihar, Patna.
FORM N 30 Form of report of strike or lock-out in public utility service to be submitted by the employer under section 23 (3) of the Industrial Disputes Act.
(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).
N am e o f u n d er ta ki n g.
St at io n a n d d is tr ic t.
N o rm al w o rk in g st re n gt h .
Number of workers involved S t ri ke o r lo ck o u t.
D at e o f co m m e n ce m e n t o f S tr ik e o r l o ck o u t.
Ca us e.
W as n o ti ce o f st ri ke o r lo ck o u t gi ve n ; I f so , o n w h at d at e a n d f o r w h at p er io d .
Is t h er e an y p er m an en t ag e n cy o r ag re e m en t in t h e u n d er ta ki n g fo r th e s et tl em e n t o f d is p u te s b et w ee n t h e em - p lo ye r an d w o rk m en ?
If an y ex is ts , p ar ti cu la rs t h er o f A n y o th er in fo rm at io n .
, D ir ec tl y In d ir ec tl y.
1 2 3 4 5 6 7 8 9 10 11 Note.- 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 for reasons other than individual reasons of the particular workmen. Thus, day on which strike or lockout occurs or communal holiday is enjoyed by a large section of workmen 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 the factory, the number of workers involved would only 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.
31 FORM O REGISTER-PART I Serial no. — Industry— Parties to the settlement— *Remarks— * Whether the settlement was effected at the intervention of the conciliation machinery, or by mutual negotiations between the parties, may be indicated here.
PART II (Should contain one copy each of the settlements in the serial order indicated in Part l.)
FORM E (See Rule 34) To, THE COMMISSIONER OF LABOUR, BIHAR, PATNA.
Sir, Under rule 77-A of the Industrial Disputes (Bihar) Rules. 1961, I/We hereby inform that I/We have laid-off -------- ---------------------------------------------------------------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 compensation under Section 25-C of the Industrial Disputes Act, 1947, will be paid compensation due to them.
Yours faithfully, *** Copy forwarded to the Conciliation Officer of the area...........................................
(Here specify the address of the Conciliation Officer of the local area concerned.)
ANNEXURE FORM O-2 ( See Rule 77-A ) To, THE COMMISSIONER OF LABOUR, BIHAR, PATNA Sir, As required by rule 77-A of the Industrial Disputes (Bihar) Rules, 1961, and in continuation of my / our notice, dated** ----------------------------------------------------------------in Form O-1, I/we hereby inform you that the layoff in my/our establishment has ended on ------------------------------------------------------------------ *** Yours faithfully.
------------------------- Copy forwarded to the Conciliation Officer of the area.
(Here specify the address of the Conciliation Officer of the local area concerned.)
* Here insert the number of workmen.
** Here insert the date.
***Here insert the position which the person who signs the letter holds with the employer issuing the letter.
32 1FORM O-3 (To be submitted in triplicate with additional number of copies for service on the workmen concerned.)
[See Rule 77-B (1)] Form of application for permissf3n to lay-off/ to continue the lay-off workmen in industrial establishments to which provisions of Chapter VB of the Industrial Disputes Act, 194 7 (14 of 1947) apply.
To, [The authority specified under sub-section (1) of Section 25M] Sir, Under sub-section (1) / sub-section (2) of Section 25-M of the Industrial Disputes Act, 1947 (14 1947) read with sub-rule (1) of rule 77-8 of the Industrial Disputes (Bihar) Rules, 1961. I/we hereby apply for *permission to lay-off/permission to continue the lay-off-----------------workmen of a total of--------------workmen employed 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 they are entitled under sub-section (6) of Section 25M, read with Section 25C of the Industrial Disputes Act. 1947.
(14 of 1947.)
Yours faithfully (Signature) ANNE XURE (Please give replies against each item) Item No.
1 Name of the undertaking with complete postal address, including telegraphic address and telephone number.
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 licensing/registration authority and licence/registration certificate numbers.
* Strike out whatever is inapplicable
1. Ins. by S.0 1735 dated 29.11.1976.
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3. (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 had 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 or were working and the wages drawn by them.
4. Items of manufacture and scheduled industry/industries under which they fall.
5. Details relating to installed capacity, licenced capacity and utilised capacity.
6. (i) Annual production item-wise for preceding three years.
(ii) Production figures month-wise for the preceding twelve months.
7. Work-in-progress, item-wise and valuewise.
8. Any arrangement regarding off-loading or sub-contracting of products or any component 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 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; 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 under the same management,
14. (i) 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.
(ii) Percentage of wages of workmen to the total cost of production.
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 lay-off for which permission is sought), including periods of such lay-off, the number of workmen involved in each lay-off and the reason therefor.
* Strike out whatever is inapplicable.
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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 month in the preceding twelve months.
20. Annual sales figures for the last three years and month-wise sale, 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 permissin is sought.
23. Any other relevant factors with details thereof.
FORM P ( See Rule 78 ) Form of Notice of Retrenchment to be given by an employer under clause (c) of Section 25-F of Industrial Disputes Act, 1947.
Name of employee-------------------------------------------- Address----------------------------------------- Dated the--------------------------------------------------------day of --------------------------------19-------------------- To, The Secretary to the Government of India, Department of Labour and Employment, Patna Sir, Under clause (c) of Section 25F 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 the annexure.
2. ┼ The workmen concerned were given on the***….. …..19.... .... one month's notice in writing as required under clause (a) of Section 25F of that Act. Retrenchment is being effected 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 under clause (a) of Section 25F of that Act.
3. The total number of w