(1) Before holding an enquiry under section 95 the officer authorized under the said section shall indicate to the employer concerned particulars in respect of which the accuracy of the records maintained by him is to be verified and the officer shall allow him or his representative to be present during the inquiry if the employer so desires.
The officer holding the inquiry shall, on demand, give the person concerned a written receipt for any record or document produced by him if the officer considers it necessary to retain • such record or document in his possession.
Any record or document retained under clause (b) shall be returned to the person concerned as socin as practicable and in any case on completion of inquiry.
Before proceeding to hold an inquiry under sub-section (1) of section 95, the officer authorized by the State Government shall give at least three clear days' intimation to the employer concerned. He shall also specify in the intimation the particular records which he desires to verify.
88. The notice under section 99 shall be given in Form R and shall be sent by registered post.
89. Certified copies of the agreements, settlements and awards registered by the Registrar and the copies of other documents which he is entitled to receive under the Act and has received such shall be given by him on payment of copying fee of 25 np per hundred words or part thereof.
90. Whenever any letter, notice, statement or intimation is required to be forwarded or sent under any of these rules by registered post to any person it shall be deemed to be sufficient compliance with these rules if such letter, notice, statement or intimation is delivered by hand and an acknowledgment in writing by or on behalf of such person, is obtained in respect of such delivery.
91. The Central Provinces and Bharat Industrial Disputes Settlement Rules, 1949, and the Madhya Bharat Industrial Relations Rules, 1952, are hereby repealed:
Provided that anything done or any action taken under any of the rules so repealed shall, unless such thing or action is inconsistent with any of the provisions of these rules, be deemed to have been done or taken under the corresponding provisions of these rules.
FORM A (See Role 7) Whereas a Board of Arbitration has to be constituted under section 11 of Madhya Pradesh Industrial Relations Act, 1960, for the Industrial dispute between and you are hereby required to intimate to the undersigned within fifteen days of the receipt of this notice by you the names and addresses of persons as required by sub-section (3) of section 11 of the said Act.
Signature of the Commission of Labour or an authorized official.
FORM B (See Rule 10) Application for Recognition of Union Name of the Union ...... Address . Dated the Day of To The Registrar, Madhya Pradesh Industrial Relations Act, 1960 Dear Sir.
I beg to inform you that at a general meeting of the members/meeting of the executive of the above union which was held at on the day of , it was decided that the union should apply to you for recognition as a representative union for the ... ...... industry in the local area of A copy of the resolution signed by the President/Chairman of the Union is attached and I have to request that the union may be recognized accordingly.
The Union has members in the industry/in the industry in the local area of and represents ... per cent, of the total number of employees employed in the .... industry/in the local area.
A copy of the constitution/rules of the union is attached.
The address of the Head Office of the Union to which all communications and notices may be addressed is as follows - Address of the Head Office of the Union Yours faithfully.
General Secretary/Secretary FORM C (See Rule 12) MADHYA PRADESH INDUSTRIAL RELATIONS ACT, 1960 Certificate of Recognition Name of the Union Registration No Office of the Registrar, Madhya Pradesh Industrial Relations Act, 1960 It is hereby certified that the Union has been recognized under the Madhya Pradesh Industrial Relations Act, 1960, this day of as a representative union for the. industry, in the local area of Registrar Madhya Pradesh Industrial Relations Act.
FORM D (See Rule 14) ntative Unions Name Address of Head Office Date of recognition Industry , Local Area Remarks
(1) (2) (3) (4) (5) (6) i FORM E [See sub-rule (1) of rule 171 Particulars to be sent by a Union applying for recognition as a Representative Union in place of. Union.
Date of application Name of the Union applying for recognition in place of an already recognized representative Union.
Address of Head Office.
Address of Local office.
Names and addresses of the office bearers.
Whether the Union had applied for recognition to the Registrar at any time if so, the result of the application.
Name of the representative union in whose place the recognition is applied for The address of the Head Office on Local Office to the representative union The total number of members of the union applying for recognition on the date shown in clause I above. 1 1 The details of the membership of the union are given in the annexure to this form, General Secretary/Secretary of the Union) ANNEXURE OF FORM E S.No. Name of the undertaking Shift Department or occupation .
Name of the member i Father's name Age of the member whether membership subscription paid for the preceding months
(1) (2) (3) (4) (5) ' (6) (7) (8) 1 Whether membership subscription paid for the month next to the preceding month Receipt No. for member subscription mentioned in column Nos. (8)and(9) The date of subscription Remarks
(9) (10) i (11) (12) General Secretary/Secretary of the . Union.
FORM F (See rule 19) 1 Name of the Representative Union.
The local area under the Jurisdiction of the union.
The description of the undertaking.
The number of the member on the 1st day of the last calendar month for each undertaking.
The total number of members for the whole industry on the 1st day of the last calendar month.
Documents in support of the information given above are enclosed.
General Secretary/Secretary of the Union.
FORM G tSee , .
Office of The Registrar of Unions Madhya Pradesh Industrial Relations Act, 1960 Form of the statements to be submitted to the Registrar of Unions, every month as required under rule 20 of the Madhya Pradesh Industrial Relations Rules Monthly stalernent under rule 19 of the Madhya Pradesh Industrial Relations Rules, 1960.
Nameof the undertaking Nameof the trade Local area Month Actual number of employees employed on the first working day of this month as shown belowt Serial No. Name of the l occuPation First Shift Permanent Substitute Temporary Others Total
(1) (2) (3) (4) (5) (6) (7) Second Shift Permanent Substitute Temporary Others Total
(8) (9) (10) (11) (12) . Third Shift Permanent Substitute Temporary Others Total Grand total Remark
(8) (9) (10) By Registered Post.
No .
Forwarded to the Registrar of Unions, Madhya Pradesh, on...
Signature of employer. - 1 FORM H (See rule 26) Application for recognition of Association of Employers Name of Association Address Dated, the day of To, The Registrar, Madhya Pradesh Industrial Relations Act.
Dear Sir, I beg to inform you that at a meeting of the Managing Committee of this Association which was held at on the day of it was decided that this Association should apply to the State Government for recognition as an association of employers for the industry for the local area/areas of for the purposes of the Madhya Pradesh Industrial Relations Act, 1960.
The Association has for one of its objects the regulation of the conditions of employment in the industry conducted or carried on by its members. The names of the members in the industry in the local area/areas for which the application is made together with their addresses are given in the Annexure attached to this application.
I enclose a copy of the Constitution/Memorandum of the Association.
Yours faithfully.
Secretary.
FORM I (See rule 31) Notice of change to be given by an employer Name of employer ...... Dated, the day of . Address To, (The representative of employees) Dear Sir/Madam, In accordance with the provisions of sub-section of section of the Madhya Pradesh Industrial Relations Act, 1960, INVe beg to inform you that it is my/our intention to effect the change/changes specified in the annexure to this letter.
Yours faithfully, • Annexure Statement of the case.
FORM J', (See rule 32) Notice of change to be given by employee to employer Name of the representative of employees Address Dated the ..day of To, 1 (The name of the employer) Dear Sir/Sirs.
In accordance with the provisions contained in sub-section (2) of section 31 of the Madhya Pradesh Industrial Relations Act, 1960, 1/we hereby beg to give you notice that I/we desire a change/changes specified in the Annex were to this letter.
Yours faithfully.
Representative of employees Annex-Statement of the case.
FORM K (See rule 33) IN THE LABOUR COURT AT...
Application No of Employer Name of the registered Union employee Labour Officer Postal address Applicant Versus Employer Name of the registered Union employee Labour Officer Postal address Opponent In the Matter of The applicant respectfully submits :- Thar That That The applicant, therefore, prays that the Court may be pleased to decide - The applicant begs leave to amend or add to or make alterations in the application if and when necessary.
Dated Signature or thumb-impression of applicant.
The applicant does solemnly declare that what is stated above is true to the best of his knowledge, belief and information.
This verification is signed at on Signature or thumb-impression of applicant.
FORM L [See sub-rule (1) of rule 431 Report of Industrial Dispute Name of employer Name of the representative of employees Address • Dated the day of To, The Conciliator for the local area for the industry concerned.
1 ., The Chief Conciliator, Madhya Pradesh Industrial Relations Act, The Registrar, Madhya Pradesh Industrial Relations Act, 1 Dear Sir, i In continuation of the copy of the notice which I/we forwarded to you on the day of. I/we beg to inform you that it has not been possible to reach on agreement with the representative of employers (the name of the employer concerned) and that I/we still desire that the change/changes proposed by that notice should be effected.
2. A full statement of the case is given in the Annexure.
3 The number of employees likely to be affected by the dispute is 1 , Here insert the position which the person who signs this letter holds with the employer or association of employers.
Annex-Full statement of the case.
FORM M See rule 44) Memorandum of Settlement Representing Employers Representing Employees Short recital of the case Terms of settlement Signature of the Conciliator Signature of the parties with date.
FORM N (See rule 45) This is to certify that there exists a dispute between- Party No. 1 And Party No. 2 in respect of the following matters -
(1).
and that the dispute was submitted to me in Conciliation, and I am satisfied that the same is not capable of being settled by conciliation.
Conciliator Local area of FORM 0 (See rule 47) IN THE HON'BLE INDUSTRIAL/LABOUR COURT, MADHYA Yours faithfully, Representative of employees PRADESH AT MORE In the matter of Arbitration'under section 52.
Name of the parties to the dispute- Representative Union Party 1 Party 2 Whereas Party No. I is the representative Union for the Industry for the local area and whereas an Industrial dispute of the nature stated below exists between party Nos. 1 and 2, and whereas the said dispute cannot be settled in conciliation and whereas the said dispute is desired by part No. 1 to be referred to the Arbitration of the Hon'ble Industrial/Labour Court under Section 52 of the Act, party No. 1 states as under.
Nature of the dispute Terms of reference It is, therefore, prayed that the Hon'ble Court be pleased to give its award on the terms referred to above.
The certificate of coneiliators is enclosed, Secretary I Principal Officer of the Union, Party No. 1 Copy to the Chief Conciliator.
Copy to the Conciliator for the local area.
Copy to the Registrar. Trade Unions at.
'["FORM 00" [See sub-rule (1) of rule 48- A] Application for the Execution of a Decree In the court of the undersigned decree holder, hereby apply for execution of the decree herein below set forth :- No. of proceeding Name of Party/Parties Date of decree VVhethe r any appeal Payment or adjustment made if any Previous Application if any with
(1) (2) (3) (4) Amount of costs if any awarded Against whom to be executed Mode in which the assistance the Court is required I pay that the total amount of (together within interest if any on principal sum up to date of payment) and the costs of taking Out of this execution be realized by the attachment and sale of opposite party's immovable property specified at the foot of this and paid to me.
declare that what is stated herein is true to the best of my knowledge and belief.
Dated the Day of Signatures of Decree holder] • FORM P1 (See rule 53) Summons to Witness BEFORE THE LABOUR COURT INDUSTRIAL COURT/OR BOARD No. of In the matter of SUMMONS Whereas the above matter will be taken up for hearing at on in and whereas • your presence tis necessary; you are hereby SUMMONED TO appear in person before me at the aforesaid time and plate and to give evidence, to answer all material questions and to produce all books, documents, etc., which may be in your possession or under your control and in any way relating to the matters in dispute, and to continue to remain present until you are discharged.
Seal Presiding 'Officer of the Labour Court/ Registrar, Industrial Court/Chairman, the Board of Arbitration.
No Office of the • day of FORMQ [See Sub-rule (I) of rule 54] (Notice to file Written Statement in Application or Petition) BEFORE THE LABOUR COURT /INDUSTRIAL COURT/BOARD Application/Petition No of 19 Reference 1 Applicants) Petitioner(s) Address Versus Opponent(s) A B C X Y Z Address In the matter of NOTICE Whereas above named has filed in this Court/Board copy whereof is enclosed therewith, Notice is hereby given to you that if you so desire, two copies of your written-- statement of claim may be filed in this off icon or before and that a copy thereof may be supplied to the above named and to inform the undersigned that this has been done.
2. The time and place of hearing will be announced later today, dated Presiding Officer of the Labour Court/ Registrar of industrial Court, Chairman, the Board of Arbitration.
FORM R (Sac rule 88) Notice of Termination of Agreement/Settlement/Award To, Date Dear Sir/Sirs.
I/We hereby give you notice that 1/we propose to tenninate the Agreement/ Settlement/ Award dated regarding on the expiry of two months from the date of the notice.
Yours faithfully, APPENDIX (To Industrial Relation Rules) [See Sub-rule (1) of rule 86] FORM!
(Working Reduction and Addition of Department, Shifts and Workers)
1. Year and month
2. Name and Address of the Undertaking Part 1-Normal Working
1. Names of departments 2 Number of Shiftsdepartments having only one departments having two departments having three
3. Starting times of shifts
4. Closing times of shifts
5. Rest interval in each shift Part II-Actual Working
6. Departments closed (give dates and reasons)
7. Departments re-opened or newly started (give dates and reasons).
8. Number of operative affected by 6 above.
9. Number ofoperatives acted by above Shifts closed or partially closed (specify department, sections, dates • and reasons).
Shifts re-opened or partially reopened, or newly started (specify departments, sections, dates and reasons).
Number of operatives affected by 10 above Number of operatives affected 11 above Part III Operatives permanently or semi-per- manently reduced (specify departments Operatives permanently or semi-per-manently added (specify departments, sections, shifts sections, shifts and reasons) and reasons).
(Signature) Date Designation.
Note.- For the purposes of this Form 'Operative' means an employee other than a clerk.
FORM II (Stoppages) Month year Name and Address of the Undertaking Department (s) affected Dates from (inclusive) to 1 ;
1 Number of working days in the period covered by column(3) red with column(2) Reason
(1) (2) (3) (4) (5) Number of operative affected Increased (x) decreased(-) in the number of operative affected as shown in columns
(6)&(7) date of which it occurred (according to shifts) Directly Indirectly Total
(6) (7) (8) (9) Compensation Paid Number of operatives Operatives laid off Reasons Number of operative receiving Amount
(10) (11) (12) (13) Date f (Signature) (Designation) Note:- For the purpose of this Form operative Means an employee other than a clerk.
*This information should relate to the first day, of the stoppage. Give variation, if any, in the numbers recorded in column (6) & (7) and specify the dates of these variations.
FORM LH (Attendance and Absenteeism) For the fortnight ending Saturday, the Name and Address of the Undertaking Total number of operative by department and shifts Total number of working day for the fortnight by department and shifts Total number of holidays during the fortnight(including Sundays) I Number of operatives on leave of any kind including leave granted respectively Total number of leave days during the fortnight excluding sundays and holidays
(1) (2) (3) (4) (5) Daily muster of Attendance and Absenteeism Date Attendance permanent operatives Badlis given work Badlis not given work Temporary operatives Probationers Apprentices
(6) (7) (8) (9) (10) (11) (12) Daily muster of Attendance and Absenteeism-contd Leave Permanent operatives Badlis Temporary operatives Probationers Apprentices
(13) (14) (15) 1 (16) (17) ; Daily muster of Attendance and Absenteeism-contd Absent Permanent operatives Badlis operatives Temporary Probationers Apprentices
(18) (19) (20) (21) (22) Date (Signature) (Designation) Note(1).- In column (5) enter the total number of days for which each operative was on leave during the fortnight.
Note(2)-For the purpose of this Form 'Operative' means an employee other than a clerk.
FORM W (Employment) Name and address of the Undertaking Year and Month Total number of operatives on the muster roll Total number of operatives required to run the undertaking at full capacity Total number of operatives at the beginning of the month(lst day)according to shifts
(1) (2) (3) (4) 1st 2nd 3rd Total number of operatives discontinued Number of operatives recruited roll Total number of operatives reinstated I Total number of operatives at the end of the month (last day) according to shift
(1) (2) (3) (4) 1st 2nd 3rd Date (Signature) (Designation) Note 1-For the purpose of this Form, 'operative' means an employee other than a clerk.
Note 2,-Here enter the number of operative required for optimum production irrespective of availability of Material, Trade reasons and other circumstances that the undertaking is capable of.
FORM V (Wages) Month Year Name and Address of the Undertaking Total number of operatives on muster roll Date of pay days Number of employees who actually received wages Cash Total wage paid in otherwise than in cash(grain, cloth, accommodation etc.)(state king & value)
(1) (2) (3) (4) (5) Details and Dates of wage payment-contd Wages due but not paid or not claimed Total wage bill for the month (total of column (4),(5)(6)and . (7)(8) Remarks Cash Otherwise than in cash
(6) (7) (8) (9) Date (Signature) (Designation) Note.-In columns (5) and (7) if accurate figures are not available, enter approximate ones.
Method of calculation adopted should be indicated in column (9).
FORM VI (Welfare) Mouth Year Name and Address of the Undertaking
1. Medical attention—
(a) Average daily attendance at dispensary
(b) Medical Officer- Full time Part time Total number of hours during the month put in by the Medical Officer at dispensary.
(c) Whether fees charged; if so mention rates and total amount collected during the month.
(d) Details of any industrial health enquiries conducted by the Medical Officer.
(These may be given on a separate sheet attached to this Form)
2. Safety measures Introduced* Discontinued* *Give details
3. Amenities- Working order Actual use Drinking water taps Washing water taps Dining sheds Rest sheds
(e) Latrine seats (i) for males (11) for females
(1) Urinalsfor male for female Aggregate daily attendance at creche Staff attending tO your creche• -
(i) (iii) (iv) (v) Aggregate daily attendance at your school (if any) Total teaching staff Library, (if any)- Total number of books Number of books borrowed during the month Number of periodicals available-
(a) Dailies (b) Weeklies (c) Monthlies
5. Other amenities (Give details) Date (Signature) (Designation) FORM VII (Canteens) Year Name and address of the Undertaking Total floor area Kitchen irea Total seating capacity Number a chairs Number of benches Average number of persons using the canteen each month List of eatables and drinks normally supplied(mention amount charged for each)—
(a)....
.•••
(c)....
(d).... ••••
(e)....
(h)....
Do you supply regular means ? If so, indicate the dishes below—
(d)....
Cost ofa regular meal ' Number of meals that be supplied by.
your canteen per hour 1 (Signature) (Designation) Date FORM VE11 (Premise,;)
Name and Address of the Undertaking Quarter ending Year I. Total area covered by your industrial premises.
ii. Total area occupied by factory structures, iii. Total area not built upon iv. Total area occupied by.
Dispensary Canteen Wash-places Toilet facilities Library and Reading Room School Creche Any other amenities (specify) v. Housing, (provided by employer/s)-
(a) Number of chawis and distance from factory.
(b) Whether electricity provided: if so, what extra rent or charge, if any, is levied-
(i) per one-room tenement
(ii) per two-room tenement
(c) Sanitary arrangements : type of latrines provided.
(d) Total area of all accommodation *(c) Number of two-room tenements and area thereof.
*to Number of one-room tenement and area thereof,
(g) Rate per month per single room per two-room
(h) Total number of persons occupying two-room tenements,
(i) Total number of persons occupying one-room tenements, Number' of outsiders other than yourown workers residing in your chawis.
; (k) Number of- Latrines Urinals Water taps Washing places 4.
Single-room tenements per floor, Two-room tenements Date (Signature) (Designation) *If any FORM IX (Rationalization, Usages Rules) Name and Address of the Undertaking Quarter ending Year During the quarter under reference Have you introduced any reference:- or efficiency methods in the undertaking ? If so, give details.
Have any customary concessions or privileges been withdrawn or any changes in usages been introduced in the undertaking? If so, give details.
Have any new rules of discipline been introduced or any alteration in existing rules made, if so, give details.
Date (Signature) (Designation) FORM X (Machinery) Year Name and address of the Undertaking Departments Types of Machine(Give full details) Number of 1 Manufacture Year of Remarks
(1) (2) (3) (4) (5) Date (Signature) (Designation) FORM XI (Machinery Production) Year Name and Address of. the Undertaking Department I *.
Number of Machines Number of Machines not working Reasons for remaining idle Remarks
(1) (2) (3) (4) (5) If any change has occurred during the year in any of the items specified in Form XI, give fill details of each such change.
ifi State the strength of the special leaning staff, if any, employed to clean your machines, and give brief details of their duties.
IV How many looms per weaver?
How Many sides per sider?
Date (Signature) (Designation) .
FOR_ XII (Production, Transactions and Dealings) [Far Textile Industry only] Name and address of the undertaking A.-State (1) Number of counts spun during the month
(2) Varieties of counts spun during the month, in form below: - Varieties of count spun Production (quantity) Cost of Production upto spindle point Cost of mixing per lb. upto spindle spun
(1) (2) (3) (4) Warp Weft B. State—
(a) Total poundage of yarn sold in th.-open market for- Gray Bleached Dyed
(b) Total poundage consumed in the Weaving Department Cost per lb. of dyed and bleached yarn in the each count produced.
C. State— the varieties of cloth produced, the total poundage of each varieties and cost of production per lb. in the form shown below:- Varieties of cloth Amount of production in Lb Cost of production per lb.
upto bailing
(1) (2) (3) D. Have you a system of selling your production through guaranteed brokers for yarn, and cloth ? If so, please give their names and address.
E. (i) What is your system in making purchases of - Machinery Cotton Stotts
(ii) Is there any commission or rebate received against any of these purchases ? If so, please state the amount received during the month and the manner in which it is credited.
Total waste produced from Blow room to spinning.
Total waste produced from winding to weaving.
Total fonts and rags produced in weaving, dying and finishing.
Total weight of all varieties of waste produced.
F. Particulars of Managing Agency terms.
G. Details and percentages of overhead charges which are not included in the cost of production.
Date (Signature) (Designation) FORM XIII (Production, transaction and dealings) (For other Industries) Name and address of the undertaking A:-Give information in the following proforma- Serial No. Varieties of articles produced including bye-products, if any Quantity of the product during the month Cost of production
(1) (2) 1 (3) (4) . 1 Have you a system of selling your production through guaranteed • brokers? If so, please give their names and addresses.
C. (1) What is your system in making purchases of- Machinery Raw Material Other material for Stores
(2) Is there any commission or rebate received against any of these purchases? If so, please state the; amounts received during the month and the manner in which it is credited.
D. • Particulars of Managing Agency terms E. Details of percentages of overhead charges which are not included in the cost of production.
Date (Signature) FORM XIV (Designation) Page No.
List of Permaiient*/Badli/Temporary Operatives employed in the Mill in the month of Occupation Serial No. Name of worker Age Sub-occupation Ticket No.
(1) (2) (3) (4) (5) Shift in Remarks [Not to be filled by Mills) Muster Register No.
(not to be filled by Mills)
(6) (7) (8) * Separate statement should be submitted for each category of workers.
FORM XV List of Permanent4lBadlifTemporary Operatives in respect of change in the rolls that have been effected.
Undertaking Name Address Details regardingchanges for the Week/fortnight/Month ending the 19 Page No. Serial No. Name of the employee and Local Address Occupation and Sub-occupation Ticket No.
(1) (2) (3) (4) (5) Shift No. in month of Nature of change Date of change Service certificates issued or not Remarks
(6) (7) (8) (9) (10) *Separate statement should be submitted for each category of workers.
#Occupation should be shown in symbols.
Use following symbols :- Discharged: I. Dismissed: D. Left of His own accord- L. Retrenched: R. Sent away: S. Died: Died.
FORM XVI (Anticipated closure)
(1) Name and address of the undertaking
(2) Number of shifts for which each department is being worked at present together with the number of employees.
(3) Stock of coal (in tons and Kwts) held on the date of report average monthly consumption
(4) Supply of electric power (state briefly whether the supply is adequate for running the usual number of shifts).
(5) SupplY position of raw material (if there is shortage of any raw material, it should be specified clearly stating reasons for the shortage and the quantity required immediately to " maintain continuous production).
(6) Stock of cotton in bales of 400 lb.- (I) Held on the date of report
(ii) Average monthly consumption.
INDUSTRIAL COURT FORMATION OF BENCHES RULES 1964 ' [Noffil. Published in MR Rajpatra Pt.* (Ga), dated 14.8.1964. p.329 as amended by Industrial Court on 27th July, 1964 which came intoforce on 1. 8.1964] In exercise of the powers conferred.by sub-section (6) of section 9 of the Madhya Pradesh Industrial Relations Act, 1960 (Act No. 27 of 1960), the Industrial Court for the State of Madhya Pradesh, hereby makes the following rules:
These rules may be called the "Industrial Court Formation of Benches Rules, 1964".
(1) In these rules unless the subject or context otherwise requires,— 'Act' means the Madhya Pradesh Industrial Relations Act. 1960 (Act No. 27 of 1960);
'Bench' means a bench constituted under these Rules;
, (c) 'Court' means the Industrial Court as constituted under section 9 of the Act;
'Matter' means any application, appeal, petition, references submission filed in or made to the Industrial Court under the provisions of the Act;
'Member' means a member of the Industrial Court and includes the President;
'Party' means the applicant, petitioner, appellant, opponent, respondent, any employer or employee concerned in any application, petition, appeal, submission or reference;
'Petition' means any petition made to the Court under the Act or these rules;
'President' means the President of the Industrial Court;
. 'Section' means a section of the Act.
(2) Words and expressions not defined in these rules shall have the meanings assigned to them under the respective Acts.
3. The President may constitute a Bench of one or more members to decide any of the matters filed in or referred to the Court and the Bench so constituted shall exercise the jurisdiction and the powers vested in the Court.
4. The following matters shall ordinarily be heard and disposed of by Bench consisting of two members- • • .4 appeal under clause (a) of sub-section (1) of section 65;
appeal under clause (b) of sub-section (1) of section 65;
appeal under clause (c) of sub-section (1) of section 65;
ieferences on point of law or interpretation of the Act and rules under section 70; • contempt of Industrial Court and of Labour Court under section 105.
5. Save as Otherwise provided by law or these rules or of the President, all maters shall be hear: she/ Men.
6. Notwithstanding anything contained in these Rule& a n sitting alone in the long vacation as vacation judge may exercise any or all t)f ujc powers of the Industrial Court.
7. ' (i) A member sitting alone may refer any proceeding pending before him to the President with a recommendation that it be placed before a Bench of more than one Member when it involves a question of law or difficulty or importance.
(ii) In the proceedings referred to in sub-rule (1) the referring member may refer a stated question or questions or may ask that the proceedings be heard and decided by the Bench to which it is referred. If the refers a stated question or questions he shall • dispose of the proceedings in accordance with the decision of the Bench on the questiOn or questiOns referred to it.
8. (i) d.k member sitting alone may refer any proceeding pending before him to the President with a recommendation that it be placed before a Bench of more than one member, if he considers that the decision in the proceeding involves reconsideration of a former decision of a member sitting alone.
(ii) In the proceedings referred to in sub-rule (1) the referring member shall refer a .stated question or questions and shall dispose of the proceedings in accordance with the cleciiion of the Bench on the question or questions referred to it.
9. If• it any 'lime the President or the member is unable to function for any reason whatsoever then notwithstanding anything contained in these rules, the President or the member alone, as the case may be, shall have all the powers vested under these Rules in a Bench of more than one member.
10. An application for review under section 71 shall ordinarily be disposed of by the same Bench which heard the original matter sought to be reviewed, provided, however, that if any member or members of the Bench which disposed of the original matters has or have ceased to be a member or members of the Court, it shall be disposed of by a Bench consisting of the same number of members as the Bench which imade the order sought to be reviewed.
11. The President may by order in writing direct that any matter, dispute or business • cognizable by the Court, or pending before the Court shall be distributed amongst him and the member or members in such manner as he thinks fit.
NOTIFICATIONS Notification No. 4(e)-8-95-XV1-A dated the 2nd September 1995- In exercise of the powers conferred by sub-section (1) of Section 3 and sub-section (1) of Section 4 of Madhya Pradesh Industrial Relations Act, 1960 (27 of 1960) and in suppression of all the previous notifications in this respect, the State Government hereby appoints Shri Amar Singh to be the "Commissioner, of Labour" and "Chief Conciliator' respectively for the State of Madhya Pradesh.
[Published in MR Rajpatra Part I dated 15-9-95 Page 1513].
- Notification No. 4(E)-12-95-XVI-A dated the 4th March, 1997- In has become necessary to appoint the Additional Presiding Officers for the various Labour Courts Constituted under Section 8 of the powers conferred under Industrial Relation Act, 1960 the State Government hereby appoints the following Additional Presiding Officers 'as shown in column No.3 of the table below as Additional Presiding Officers of the Labour Courts shown in column No. 2 of the table below against theirnames, with retrospective effect from the date of taking over the charge by them of the Labour Court concenied:
Provided that these Additional Presiding Officers will perform the Judicial work as Additional Presiding Officers of the Labour Courts as shown in Column No. 2 of the table only as per the direction of the President, Industrial Court Madhya Pradesh, Indore issued from time to time and will hear and decide only thosr ceecs' which have been made over to, them under the orders of the President, Industrial Court, Madhya Pradesh, Indore.
Table S.No. Name of Labour Court Name of Additional President Officers appointed on contract basis Labour Court No. 1&2, Bhopal Shri A.V.S Choudhary, Retd.
District& Session Judge Labour Court No. 1,2&3, Gwalior Shri Shand kumar Jain, Retd.
District& Session Judge . Labour Court, Ujjain & Labour Court, Indore Shri R.N Shirpurkar , Retd.
District& Session Judge
4. Labour Court, Jabalpur I .
Ku. Prabha Sharma, Retd.
District& Session Judge Notification No. F 4(E)-1-98-XV1-A dated thd 20th January, 1999— In exercise of the powers conferred by clause (2) of Section 2 of the Madhya Pradesh Industrial Relations Act, 1960 (27 of 1960), the State Govenunent hereby, makes the following amendment in this department Notification Number 4(E)-8-75-Labour-XVI, dated the 30th June, 1975, namely Amendment In the said notification, for the word "Khachrod" wherever in occurs the word Nagda" shall be substituted.
[Published in MR Rajpatra Part I dated 29-1-99 Page 156-57].
Notification No. F 4(E)-1-98-XV7-A dated the 24th March, 1999— In exercise of the powers conferred by clause (23) of Section 2 of the Madhya Pradesh Industrial Relations Act, 1960 (27 of 1960), the State Government hereby, makes the following amendment in this Department Notification Number F. 4(E)-i -98-XVI-A, dated the 20th January, 1999 published in Part I of the.
"Madhya Pradesh Gazette" dated the 29th January 1999, namely [Published in MR Rajpatra Pan I dated 9-4-99 Page 591].
NoYlcation No. F-4(E)-2-XV1-A-2002 dated the 71h December, 2002— In exercise of the powers conferred by sub-section (1) of Section 8 of the Madhya Pradesh lrsrriaI oo OA 12' of 1960), the State Government hereby makes the following am- .nnienrNotificationNo.4073-1960-83- SVI-A, dated the 11th August. 1983 nanh' Amendment In the said notification for the words and figure "Labour Cow. No. 3 Gwalior" ever they occur the words "Labour Court, Guna" shall be uhvoo.
[Published in MP Rajpatra Pan I dated -12-20302P 1111] .
Notification No. F 4(E)-8-2001-XVJ-A dated the 14th June,2002—In exercise of the powers conferred by sub-section (1) of Section 3 and sub-sec. ::ii (I) of section 4 of Madhya Pradesh Industrial Relations Act, 1960 (27 of 1960) and in super session of all previous notifications on the subject. State Government hereby appoint Shri A.P. Shrivastava to be the "Commissioner of Labour" and "Chief Conciliator" respectively for the State of Madhya Pradesh.
[Published in km Rajpatra Pan I dated 14-06-2002 Page 505] Notification No. F4 (E) 1-2002-XV1-A dated the 19th May, 2003— In exercise of the powers conferred by sub-section (1) of Section 8 of the V at Madhya Pradesh Industrial Relations Act, 1960 (27 of 1960), the State Government Jidravis the local area comprised within the limits of Harda Revenue District from the Jurisdiction of Labour Court No. 2, Bhopal and includes it in the Jurisdiction of Labour Court, Hoshangabad.
[Published in MR Rajpatra Part idated 19-05-2003 Page 551].
Notification No. 1(A) 10-2004-A-XVJ dated the 12th July, 2004- In exercise of the powers conferred by sub-section (1) of Section 9 of the Madhya Pradesh Industrial Relations Act, 1960 (27 of 1960), the State Govenunent hereby. appoints Justice Shri S.P. Khare, Judge of the Madhya Pradesh High Court, as President of the Madhya Pradesh Industrial Court with effect from the date, he takes over charge.
[Published in MR Rajpatra Part 1 dated 12-07-2004 Page 579] .
Notification No. F 4-E-2004-A-XV dated the 27th May, 2005- in exercise of the powers conferred by sub-section (6) of Section 9 of the Madhya Pradesh Industrial Relations Act, 1960 (27 of 1960). the Industrial Court for the State of Madhya Pradesh, hereby makes the following Rules, namely:- Short title and commencement.- (1) These Rules may be called the "Industrial Court Formation of Benches Rules, 2005."
(2) They all come into force with effect from the date of their publication in the Madhya Pradesh Gazette.
Definitions.- In these rules, unless the subject or context otherwise requires,- "Act" means the Madhya Pradesh Industrial Relations Act. 1960 (No. 27of 1960);
"Bench" means a bench constituted wider these rules;
"Court" means the Industrial Court as constituted under Section 9 of the Act;
'Matter" means any application, appeal, petition, reference case or submission filed in or made to the Industrial Court under the provision of the Act;
"Member" means a member of the Industrial Court and includes the President;
'Party" means the applicant, petitioner, appellant, opponent, respondent any employer or employee concerned in any application petition, appeal, submission or • reference;
'Petition" means any petition made to the court under the Act of Rules:
"President" means the President of the Industrial Court;
"Section" means a section of the Act;
U) Words and expressions not defined in these Rules, so have the meanings assigned to them under the respective Act,
3. The President may constitute a Bench of one or more members to decide any of the matters filed in or referred to the Court and the Bench so constituted shall exercise the jurisdiction and the powers vested in the Court.
4. The following matters shall ordinarily be heard and disposed of by a Bench consisting of two or more members.- appeal under clause (b) of sub-section (1) of Section 65;
appeal under clause (c) of sub-section (1) of Section 65;
appeal under clause (d) of sub-section (1) of Section 65;
reference on point of Jaw or interpretation of the Act or rules under Section 70 of the Act;
contempt of Industrial Court and "Labour Court under Section 105";
5. Save as otherwise provided by law or these Rules or by general or special order of the President, all matters shall be heard and disposed of by a Bench of one member.
6. Notwithstanding anything contained in these Rules, a member sitting alone in the long vacation as vacation Judge may exercise any or all of the powers of the Industrial Court.
7. (1) A member sitting alone may-refer any proceedings pending before him to the President with a recommendation that it be placed before a Bench of more than on Member when in involves a question of law of difficulty or importance.
(2) In the proceedings referred to in sub-rule (1) the referring member may refer stated question or questions or may ask that the proceedings be heard and decided by the Bench to which it is referred. if the refers a stated question or questions he shall dispose of the proceedings in accordance with the decision of the Bench ne the question or questions referred to it.
8. (1) A member sitting alone may refer any proceeding pending before him to the President with a recommendation that it be placed before a Bench of more than or member, if he considers that the decision in the proceeding involves reconsideration of former decision of a member sitting alone
(2) In the proceedings referred to in sub-rule(1) the referring member shall refers stated question' or question and shall dispose of the proceeding in accordance with the decision of the bench on the question or question referred to it.
9.1f a any time the President or the member is unable to function for any reason whatsoever, then not with standing anything these Rules the President or the member alone, as the case may be, shall have all the powers vested under these Rules in a Bench of more than one member.
An application for review under Section 71 shall ordinaly be disposed of by the same Bench which heard the original matter sought to the reviewed however that if any member or members of the Bench which disposed of the original matter has or have ceased to be member or members of the court by retirement, transfer or otherwise, it shall be disposed of by a Bench consisting of the number of members as the Bench which made the order sought to be reviewed.
The President shall have powers to distribute the work amongst the Member Judges and shall have al SO powers to made over or recall or transfer any case suomoto or on application for disposal in accordance with law.
Repeal and Saving.— Industrial Court Formation of Bench Rules, 1964, are hereby repealed in respect of matters covered by these rules;
Provided that any order made or action taken under the Rules so repealed; shall be deemed to have made or taken under the corresponding provisions of these rules.
[Published in M.P Rajpatra (Asadharan) dated 27-05-2005 Pages 444 (1-2)].
Notification No F 6-15-04-A-XT17 dated the 10th October, 2005— In exercise of the powers conferred by sub-section (3) of Section 1 of the Madhya Pradesh Industrial Relations Act, 1960 (27 of 1960), the State Government hereby makes the following amendment in this departments Notification No. 9952-XVI, dated the 31st December, 1960, namely Amendment In the said notification, in the schedule, the serial numbers 1, 2, 3, 4, 7, 10, 15 and 16 and entries relating thereto shall be omitted.
[Published in M.P Rajpatra Pan! dated 10-10-2005 Page 1015].
Notification No. F. 6-5-07-A-XVI, Dated the 14th August, 2007— In exercise of the powers conferred by sub-section (4) of section 1 of the Madhya Pradesh—Industrial Relations Act, 1960 (No. 27 of 1960), the state government hereby directs that the provision of said Act shall not apply to the industries specified in the schedule below, however the said omission shall not affect the cases pending before the Labour Court, industrial court or before and other court of law and such cases shall be disposed of or proceeded with as such items had not been omitted namely Schedule S.No. Name of Industries
1. Textiles, including cotton, silk, artificial silk, staple fibre, jute and carpet.
2. Iron and Steel.
3. Electrical goods.
4. Sugar and its by product including:- The growing of sugar cane on farms belonging to or attached to concern engaged in manufacture of sugar, and.
All agriculture and industrial operations connected with the growing of sugar cane or the said manufacture.
5. Cement.
6. Electricity generation transmission and distribution.
7. Public Motor Transport.
8. Engineering including manufacture of motor vehicle.
9. Potteries including refactory, goods fire bricks, sanitary wares, insulators tiles stone, ware pipes, furnace linning bricks and other ceramic goods.
10. Chemical and chemical products industry.
11. Leather and tanneries, including leather products.
The Notification shall come into force from the date of its publication in the official Gazette.
[Published in M.P. Rajpatra Part I dated 17-8-2007 Page 2137] Notification No. 2180-1414-07-A-XVI, dated the 9th October, 2007— In exercise of the powers conferred under section 8-A of the Madhya Pradesh Industrial Relations Act, 1960 (No. 27 of 1960) the State Government hereby appoints the presiding officers of the 'Labour Courts to be Additional presiding officers for all the other Labour Courts except the Labour Courts to which they are posted as—presiding officers. These Additional presiding officers will do the judicial and others work assigned to then by the president of the industrial court.
[Published in M.P. Rakiatra Part I dated 2-11-2007 Page 2626] 3-4 00000001 00000002 00000003 00000004 00000005 00000006 00000007 00000008 00000009 00000010 00000011 00000012 00000013 00000014 00000015 00000016 00000017 00000018 00000019 00000020 00000021 00000022 00000023 00000024 00000025 00000026 00000027 00000028 00000029 00000030 00000031 00000032 00000033 00000034 00000035 00000036