Rajasthan Industrial Disputes Rules… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Rules
Year	1947
Jurisdiction	State of Rajasthan
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	labour

THE RAJASTHAN INDUSTRIAL DISPUTES RULES. 1958 (AS AMENDED UP-TO-DATE} CONSPECTUS NOTIFICATION Preliminary

1.Title & Application

2. Interpretation

PART I

2A. Register of Representative Unions

28. Unions Approach to Registrar

2C. Ascertaining the Membership of Unions .

2D. Application for Registration of Union

2E. Fee for

2F. Publication

2G. Order & Procedure

3. Application

4. Attestation of Application 5Notification of Appointment of Board, Court, Labour Court, Tribunal or National Tribunal

6.Notice to Parties to Nominate Representative 6A & 8. Maintaining of Register

PART 11

7. Arbitration Agreement

8.Attestation of the Arbitration Agreement

PART Ill

9. Conciliation Proceedings in Public utility Service.

10. Conciliation Proceedings ln Non-Public Utility Service

10A. Parties to submit Statement loo. Proceeding before the Lebour Court or Tribunal

11. Meeting of the Representatives

12. Conduct Proceedings

13. Place & Time of Hearing

14. Quorum for Boards & Courts

15. Evidence

16. Administration of Oath

17. Summons

18. Service of Summons or Notice

19. Description of Parties in Certain Cases

20.Manner of Service in Cases of Numerous Persons to a Dispute

21. Procedure at the First Sitting

22. Board Court, Labour Court, Tribunal or Arbitrator may Proceed Ex-parte

22A. Setting aside Ex-parte Decision

23. Power of Entry & Inspection

24. Power to Boards, Courts, Labour Courts & Tribunals

25. Assessors

26. Fees for Copies of Awards etc.

27. Decision by Majority

28. Correction of Errors

29. Right of Representatives

30. Proceedings before a Board, Court, Labour Court or Tribunal

PART IV

31. Travelling Allowance

32. Fees

33. Expenses of Witnesses

PART V

34. Notice of Change

35. Deleted

PART VI

36. Form of Authority

37.Parties Bound by Acts of Represen tative

PART VI I

38. Constitution

39. Number of Members

40. Representatives of Employer

41. Consultation with Trade Unions.

42. Groups of Workmen's Representative

43. Electoral Constituencies

44. Qualification of Candidates for Election

45. Qualifications for Voters

46. Procedure of Election

47. Nomination of Candidates for Election

48. Scrutiny of Nomination Papers

49. Voting in Election

50. Arrangements for Election

51. Officers of the Committee

52. Term of Office

53. Vacancies

54. Power to Co-opt

55. Meetings

56. Facilities for Meeting etc.

57. Dissolution of Works Committee

PART Vlll

58. Memorandum of Settlement

59. Complaints Regarding Change of Conditions of Service, etc.

60. Application under S. 33

61. Protected Work man

62. Application for Recovery of Dues

63. Appointment of Commissioner

64. Fees forthe Commissioner

65. Time for submission of Report

66. Local Investigation

67. Commissioner's Report

68. Powers of Commissioner

69. Summoning of Witnesses etc.

70. Representation of Parties before the Commissioner

71. Notice of Strike

72. Notice of Lock-out

73. Report of Lock-out or Strike

74. Report of Notice of Lock-out or Strike

75. Register of Settlements

75A. Notice of Lay-off

758. Application for Permission to Layoff under S. 25M

76. Notice of Retrenchment

76A. Notice of and Application for Permission for Retrenchment

768. Notice of Closure

76C. Notice of and Application for Permission for, Closure

77. Maintenance of Seniority List of Workmen

78. Re-Employment of Retrenched Workmen

79. Penalties

80. Report FORMS A to QB FORMS lt05 THE RAJASTHAN INDUSTRIAL DISPUTES RULES,1958.

[Notification, No. F. 1 (44) Lab./56. dated 4-6-1958, published in Rajasthan Gazette, Part IV-C, dated 17-7-1958] NOTES Section 38 of the Industrial Disputes, Act, 1947 authorizes the appropriate Government to make rules for the purpose of giving effect to the provisions of the Act. Subsection(2) of section 38 requires that, without prejudice to the Generality of this power, such rules may provide for all or any of the following matters:-

(2) ln particular and without prejudice to the generality. of the foregoing power, such rules may provide for all or any of the following matters, namely :

(a) the powers and procedure of Conciliation Officers, Boards, Courts, Labour Courts, Tribunals and National Tribunals including rules as to the summoning of witnesses, the production of documents relevant to the subject matter of an inquiry or investigation, the number of members necessary to form a quorum and the manner of submission of reports and awards;

(aa) the form of arbitration agreement, -the manner in which it may be sighed by the parties, the powers of the arbitrator named in the arbitration agreement and the procedure to be followed by him; -

(aaa) the appointment of assessors in proceedings under this Act;

(b) the constitution and functions of and the filling of vacancies in Works Committees and the procedure to be followed by such Committees in the discharge of their duties;

(c) the allowances admissible to members of Courts and Boards and presiding officers of Labour Courts, Tribunals and National Tribunals and to assessors and witnesses;

(d) the ministerial establishment which may be allotted to a Court, Board, Labour Court, Tribunal. or National Tribunal end the salaries and aHowances payable to members of such establishments;

( e) the manner in which and the persons by and to whom notice of strike or lockout may be given and the manner ia which such notices shall be communicated:

(f) the conditions subject to which parties may be represented by legal practitioners in proceedings under this Act before a Court, Labour Court Tribunal or National Tribunal;

(g) any other matter which is to be or may be prescribed. :

Sub-section (3) of section 38 of the Act further provides that rules framed under this section may provide that a contravention thereof shall be punishable with fine not exceeding fifty rupees.

The words "appropriate Government" have been defined, in clause (a) of section 2 of the Act, as under: -

(a) "appropriate Government" means-

(i) in relation to any industrial concerning any industry carried-on by or under the authority of the Central. Government or by a railway company or concerning any such controlled industry as may be specified in this behalf by the Central Government or in relation to an industrial dispute concerning a backing or an insurance company, a mine, an oil field, or a major port, the Central Government, and

(ii) in relationto anyotherindustrial dispute,thestate Government:

The present rules have been framed by the State Government of Rajasthan in exercise of the powers conferred on the appropriate Government as above.

In exercise of the powers conferred by section 38 of the Industrial Disputes Act, 1947 (Central Act No. XIV of 1947), the State Government hereby makes the following Rules the same having been previously published, namely :- THE RAJASTHAN INDUSTRIAL DISPUTES RULES,1958.

Preliminary

1. Title and application - (1) These rules may be called the Rajasthan Industrial Disputes Rules, 1958.

(2)They shall come into force on such *date as the State Government may be notification in the Official Gazette appoint in this behalf.

Notification No. F..1. (44) Lab./56 dated November 8,1968.

In pursuance of sub-rule (2) of rule 1 of the Rajasthan Industrial disputes Rules.1958 the Government of Rajasthan hereby appoints lst December, 1958, as the date on which the said rules shall come into force. , [Pub. in Raj. Gaz., Part IV-C, dated 27-11-1958 at page 1226.)

2. Interpretation.-in these rules. unless there ls anything repugnant in the subject Or Context:-

(a) ``Act means the Industrial Disputes Act, 1947 (14 of 1947);

(b) ``Chairman" means the Chairman of a Board or Court or if the Court consists of one person only, such .(person};

*Came into force w.e.d.1-7-1960 vide Notification No 516/F. 3(21) Lab. 50 dated 24-6-1960, published in Raj Gaz.part lv-C, Extraordinary, dated 27-6-1960 ]Substituted vide Notification No F. 3(14) Lab. 63 dated 4-4-1967, published in Raj Gaz. Part lv-C, ordinary, dated 27-7-1967.

(d) "Form" means a form in the Schedule to these rules:.

(e) "Section" means a section of the Act;

2((f) "Schedule" means a Schedule annexed to the Act.)

2[(g)] With reference to clause (g) of section 2 it is hereby prescribed that in relation to an industry carried on by or under the authority of a Department of the State Government, the Officer-in-charge of the Industrial Establishment shall be the `'employer" in respect of that establishment.

PART I NOTES Sub-sec. (1) of sec. 10 of the Act requires the reference of industrial disputes to Boards, Courts or Tribunals. The sub-section reads as under-

(1) Where the appropriate Government is of opinion that any industrial dispute exists or is apprehended, it May at any time, by order in writing-

(a) refer the dispute to a Board for promoting a settlement thereof; or

(b) refer any matter appearing to be connected with or relevant to the dispute to court for inquiry; or

(c) refer the dispute or any matter appearing to be connected with, or relevant to the dispute, if it relates to any matter specified in the second schedule, to a labour court for adjudication: or

(d) refer the dispute or any ``matter appearing to be connected with or relevant to, the dispute, whether it relates to any matter specified in the second schedule or the third schedule to a tribunal for adjudication:

Provided that where the dispute relates to any matter specified in the Third Schedule and is not likely to affect more than one hundred workmen, the appropriate Government may, if it so thinks fit, make the reference to a Labour Court under clause (c) :

2Renumbered & ins.vide Notification No F. 3(31) Lab/ 62 dated 21-10-1963, published in Raj Gaz. Part lv-C, ordinary, dated 5-12-1963.

Provided further that where the dispute relates to a public utility service and a notice under section 22 has been given, the appropriate Government shall, unless it considers that the notice has been frivolously or frivolously given or that it would be inexpedient so to do. make a reference under this sub-section notwithstanding that any other proceedings under this Act in respect of the dispute may have commenced.

Sub-section (2) of the same section requires that

(2) When the parties to an industrial dispute apply in the prescribed manner, whether jointly or Separately, for a reference of the dispute to a Board, Court, Labour Court, Tribunal or National Tribunal the appropriate Government, if satisfied that the persons applying represent the majority of each party, shall make the reference according.

Rules 3 and 4 in this part Prescribe the procedure for making applications under subsection (2) of section 10 of the Act. The rules 5 and 6 in this part prescribe the steps to be taken by the Government while making a reference as required under sub-section (1) of section 10 of the Act.

1(2A. Register of representative unions.-The Register Of representative unions shall be in Form 1, Appended to these rules.

(2) Theapplication forregistrationofuNION as a representativeunion shall be in Form 2, appended to these rules.

28. Union's approach to Registrar.-Every union approaching `the Registrar appointed under section 3A of the Act, for registration as a representative union under section 9D of the Act, shall be required to deposit s fee of Rs. 10/- alongwith such application for registration.

2c. Ascertaining the membership of unions.-(1) For ascertaining the membership of unions for the Purposes of Ss. 9E, 9F, 9G or 9H, the Registrar shall hold an inquiry in the manner hereafter provided.

(2) The Registrar shall fix a date for holding an. inquiry to ascertain such membership and shall give fifteen day's notice thereof to the union or unions concerned.

(3) On receipt of such notice, such union may submit its objections, if any, to the Registrar in writing in duplicate and shall also produce before the Registrar, the following documents:

(a) Membership Register;

]lnserted by Notification No D. 4638/F. 3(21)/59/ dated 24-6-1960, published in Raj Gaz.

Part lv-C, Ext.ordinary, dated 27-6-1960.

(b) Counterfoils of receipts of subscription for three calendar months immediately preceding the calendar month, in which the application is made;

(d) Cash Book;

(e) BankpassBook,itany:

(f) An audited statement of membership for each ofthethree calendar months, immediately Preceding the calendar months, in which the application is made: and

(g) Such other documents as the Registrar may, from time to time, direct the course of an inquiry.

(4) Everysuch objection shall be accompanied by8depositofRs. 5/-.-

(5) Wherethe union,towhom notice has been given undersub-rule (2),failsto be present before the Registrar on the date fixed for the inquiry or fails to produce the documents, as required by sub-rule (3), then:-

(a) If such union isan applicant,the Registrarmaydismisstheapplication; and

(b) If such union is not an applicantthe Registrarmay produce withthe inquiry ex-Parte,

Provided that on sufficient cause being shown by the union, whose application has been dismissed, the Registrar may set aside the order of dismissal and fix a date for holding the inquiry.

(6) The documents produce at the inquiry, by the union shall be opened to inspection to other unions, who may be party to the inquiry, for a period of ten days from the date of their production or for such other period as the Registrar may allow.

(7) The Registrar may adopt such sampling method as he may deem fit in verifying the membership register of union.

(8) Where in respect of objections raised against the membership of union, the number of witnesses to be examined is very large, the Registrar may, examine such number of witnesses as he may determine: by adopting such sampling method as the Registrar may deem fit. The Registrar may, with the consent of the parties; examine the witnesses in camera.

(9) lf, in the course of the inquiry, the Registrar comesto a conclusion that an objection raised against the membership of `the: union was frivolous or vexatious, he may impose a fine not exceeding Rs. 5/-for every such objection.

2-D. Application for Registration of Union-On being satisfied that the application submitted by an applicant union is perfectly in order, the Registrar shall issue a certificate to such union in Form 3 appended to these rules.

2-E. Fee for-The application and fee under section 9-G of the Act, shall be the same, as Prescribed under rule 2-A(2) and 2-8 above.

2-F. Publication.-An application made under section S-G shall be sent for publication in the State Gazette immediately on receipt in the office of the Registrar in Form 4 Appended to these rules, so that its brought to the notice of all concerned, not fess than fourteen days before the expiry of the period of notice prescribed, under sub-section (1) of section 9-G.

2-G. Order and procedure-Every order passed under section 9-E or section 9-F or section 9-G and every order passed in appeal under section 9-1 shall be published in the State Gazette, for information of the concerned persons.

Procedure for reference of industrial disputes to Board of Conciliation Courts of Enquiry, Labour Courts, lndustrials or National Tribunals.

3. Application.-An application under sub-section (2) of section 10 for the reference of an industrial dispute to a Board, Court, Labour Court, Tribunal of National Tribunal shall be made in Form A and shall be delivered personaHy or forwarded by registered post in triplicate to the Secretary to the Government of Rajasthan Labour Department, Jaipur. The application shall be accompanied by a Statement setting forth-

(a) the parties to the dispute. :

(b) the specific matters in dispute.

(d) an estimate of the number of workmen affected or likely to be affected by the dispute; and -

(e) the efforts made by the parties themselves to adjust the dispute.

4. Attestation of application.- The application and the statement accompanying it shall be signed

(a) in the case of an employer by the employer himself, or when the employer is an incorporated company or other body corporate, by the agent, manager or other principal officer of the Corporation.

(b) in the case of workmen, either by `the President and Secretary of State union of the workmen, or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose.

5. Notification of appointment of Board Court, Labour Court Tribunal or National Tribunal.--The appointment of a Board Court, Labour. Court of Tribunal together with the names of person constituting the Board, Court or Tribunal shall be notified in the Official Gazette.

6. Notice to parties to nominate representative.-(1) lf the Government proposes to appoint a Board, it shall send a notice in Form 8 to the parties `requiring them to nominate within a reasonable time persons to represent them on the Board.

(2) The notice to the employer shall be sent to the employer personally, or if the employer is an incorporated company or 8 body corporate, to the agent; manager or other principal officer of such company or body.

(3) The notice to the workmen shall be sent-

(a) in the case of workmen who are members ofa trade union, tothe president or Secretary of the trade union; and

(b) in the case of workmen who are not membersofa trade union, to anyofthe five representatives of workmen who have attested the application made under rule 3; and in this case a Copy of the notice shall also be sent to the employer who shall display copies thereof on notice boards in a conspicuous manner at the main entrance to the premises of the establishment.

][6A. (1) The Registrar shall maintain a register for registering submission (Agreements) sent to him, under sub-section (2) of section 10-8.

(2) The Registrar shall cause such submissions to be published in the official Gazette after it has been registered with him.

2(68) The Registrar shall maintain a register for entering awards received under subsection (1) of section 101 of the Act, in Form 5 appended to these rules.

]lnserted by Notification No D. 46/8/F3(21) Lab. 59, dated 24-6-1960, published in Raj Gaz.

Part lv-C, Extraordinary, dated 27-6-1960.

2Renumbered vide Notification No GSR 309/F. 3(14) Lab. 63 dated 7-1-1972, published in Raj Gaz. Part lv-C (1) ordinary, dated 23-1-1975.

PART 11 Arbitration Agreement NOTES The rules in this part have been framed for putting into effect `'the requirement of sub-section (1) and (2) of section 10 A of the Act. The sub-sections read as under:-

(1) Where any industrial dispute exists or is apprehended and the employer and the workmen agree to refer the dispute to arbitration, they may, at any time before the dispute has been referred under Section 10 to a Labour Court or Tribunal or National Tribunal by a written agreement, refer the dispute to arbitration and the reference shall be to such person or persons (including the presiding officer of a Labour Court or Tribunal or National Tribunal) as an arbitrator or arbitrators as may be specified in the arbitration agreement.

(2) An arbitration agreement referred to in sub-section (1) shall be in such for and shall be signed by the parties there to in such manner as may be prescribed.

7. Arbitration Agreement.-An arbitration agreement for the reference of an industrial. dispute to an arbitrator or arbitrators Shall be made in Form C and shall be delivered personally or forwarded by registered post in triplicate to the Secretary to the Government of Rajasthan, Labour Department, Jaipur, the Labour Commissioner, Rajasthan, Jaipur and the Conciliation Officer concerned. The. agreement shall be accompanied by the consent, in writing of the arbitrator or Arbitrators.

8 (i) Arbitration Agreement.-][(1) An Arbitration agreement referred to in section 198 (1) of the Act shall be made in Form C and shall be delivered Personally or forwarded by registered post to the Registrar (in triplicate) mentioned in sub-section {2) of section lob, by the signatories to the agreement or any of them.

8. 2((2) Attestation of the Arbitration Agreement.-The Arbitration agreement shall be signed- [(a) in the case of an employer-

(i) bythe employer himself or Llnserted by Notification No D. 46/8/F3(21) Lab. 59, dated 24-6-1960, published in Raj Gaz.

Part lv-C, Extraordinary, dated 27-6-1960.

2Renumbered vide Notification No GSR 309/F. 3(14) Lab. 63 dated 7-1-1972, published in Raj Gaz. Part IV-C (1) ordinary, dated 23-1-1975.

(ii) if any group or association of-employers is a party to the agreement by & person authorised in writing in this behalf by such group or association, or

(iii) if the employer is an incorporated company or other body corporate, by the Agent. Manager or other Principal officer of the corporation. if so authorised in writing by the employers.]

(b) in the case of workmen, either by the President and Secretary of a trade union of the workmen of by the five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose, 3[Explanation.-ln this rule, 'officer' means any of the following officers of the trade union, namely :-

(a) President:

(b) Vice-President: .

(d) Joint Secretary; and

(e) any Other officer of the trade union authorised in this behalf by the President and Secretary of the Union.]

PART Ill Powers, Procedure and Duties of Conciliation Officers, Board Courts, Labour Courts, Tribunals and Arbitrators NOTES Rules 9, 10, 11 and 12 in this part prescribe the procedure for proceedings before Conciliation Officers while performing duties under Section 2 of the Act. Section 12 reads as under:-

(1) Where any industrial dispute exists or is apprehended, the Conciliation Officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner 3Renumbered inserted and added vide Notification No F. 3(14) Lab. 63 dated 4-4-1967, published in Raj Gaz. Part lv-C, ordinary, dated 27-7-1967.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay investigate the dispute and all matters affecting the merits and the right settlement thereof, and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) lf settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings, the Conciliation Officer shall send a report thereof to the appropriate Government together with a memorandum of the settlement signed by the parties to the dispute,

(4) lf no such settlement is arrived at, the Conciliation Officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) lf, on a consideration of the report referred to in sub-section (4), the appropriate Government is satisfied that there is a case for reference to a Board, Labour Court, Tribunal or National Tribunal it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefore.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government :

Provided that the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.

Sub-section (1) of Section 11 requires that,-

(1) Subject to any rules that may be made in this behalf, an arbitrator, a Board, Court, Labour Court, Tribunal or National shall follow such procedure as the arbitrator or other authority concerned may think fit.

The rules 13 to 30 prescribe the procedure which such authorities as referred in this sub-section are to follow in the proceedings under this section.

Sub-section (3), (4) and (5) of section 11 of the Act, reading as under also prescribe the procedure and powers of such authorities.

(3) Every Board, Court, Labour court, Tribunal and National Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), when trying a suit in respect of the following matters, namely-

(a) enforcing the attendance of any person and examining him on oath;

(b) compelling the production of documents and material objects;

(d) in respect of such other matters as may be prescribed;

and every inquiry or investigation by a Board, Court,-Labour Court. Tribunal and National Tribunal, shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (XIV of 1850).

(4) A Conciliation officer may call for and inspect any document which he has ground for considering to be relevant to the industrial dispute or to be necessary for the purpose of verifying the implementation of any. award or carrying out any other duty imposed on him under this Act, and for the aforesaid purposes, the Conciliation Officer shall have the same powers as are vested in a Civil Court under the Code of Civil. Procedure (Act V of 1908), in respect of compelling the production of documents.

(5) A court, Labour court, Tribunal or National Tribunal may, if it so thinks fit, appoint one or more persons having special knowledge of the matter under consideration as assessor or assessors to advise it in the proceeding before it.

•[9] (1) Conciliation proceedings in public utility service.-The Conciliation Officer, of receipt of a notice of lock-out given under rule 71 of 72 rule shall forthwith arrange to interview both the employer and the workmen concerned with the `dispute at such places and at such times as he may deem fit and shall end devour to bring about a settlement of the dispute in question.

][(2) Where the Conciliation Officer receives no notice of a strike or lock out under rule 71 or 72 but he considers it necessary to intervene in the dispute, he may give formal ]Renumbered inserted and add vide Notification No F. 3(14) Lab. 63 dated 4-4-1967, published in Raj Gaz. Part lv-C, ordinary, dated 27-7-1967.

intimation in writing to the parties concerned, declaring his intention to commence conciliation proceedings with effect from such date as may be specified herein.

10. Conciliation proceedings. in non-public utility, service-Where the Conciliation Officer receives any information about-an existing or apprehended industrial dispute which does not relate to public utility service and he considers necessity to intervene in the dispute, he shall give forma! intimation in writing to the parties concerned declaring his intention to. commence conciliation proceedings with effect from such date as my be specified therein.

][10A. Parties to submit statement-The employer or the party re-presenting workmen involved in an industrial dispute shall forward a statement setting further the specific matter in dispute to the Conciliation Officer concerned wherever his intervention in the dispute is required.

loo. Proceedings before the, Labour Court or Tribunal-(1) Where the State Government refits any, industrial dispute for, adjudication to a Labour Court or Tribunal.

within two weeks of the date of receipt of the order of reference party representing workmen and the employer involved in the dispute shall file with the Labour Court or the Tribunal, as the case may be a statement of the demands relating only to the issues as are included in the order of reference and shall also forward a copy of such statements, to each one of the opposite parties involved in the said dispute:

Provided that where the Labour Court or Tribunal as the case may be considers it necessary, it may extend the time limit for filing of such statements.

(2) Within two weeks of the receipt of the statements referred to in sub rule (1) the opposite party shall file its rejoinder with the Labour Court of Tribunal, as the case may be and simultaneously forward a copy thereof to the other party:

Provided that such rejoinder shall relate only to such of the issues as are included in the order for reference:

Provided further that where the Labour Court or Tribunal, as the case may be, considers it necessary, it may extend the time limit for the filing or such rejoinder.

]Renumbered inserted and add vide Notification No F. 3(14) Lab. 63 dated 4-4-1967, published in Raj Gaz. Part lv-C, ordinary, dated 27-7-1967.

(3) The Labour Court or Tribunal, as the case may be, shall ordinarily fix the date for the first hearing of the dispute within six weeks of the date on which it was referred foradjudication

Provided that the Labour Court or Tribunal, as the case may be, for reasons to be recorded in writing, fix a later date for the first hearing of the dispute.

(4) The hearing shall ordinarily be continued: from day-to-day and arguments shall following immediately afterthe closing of evidence.

(5) The Labour Court or Tribunal, as the case may be, shall not ordinarily grant an adjournment for e period exceeding a week at a time and not more than three adjournments in all at the instance of any one of the parties to the dispute:

Provided that the Labour Court or Tribunal, as the case may be, may, for reasons to be recorded in writing, grant an adjournment exceeding a week, or more than three adjournments at. the instance of any, one of the parties to the dispute.

(6) The Labour Court or Tribunal, as the case may be, shall, as the examination of such witness proceeds, make s memorandum of the substance of what he deposes, and such memorandum shall be written and signed by the presiding officer :

Provided that the Labour Court or Tribunal, as the case may be, may follow the procedure laid down in rula.5 of Order Xvlll of the First Schedule to the Code of Civil Procedure, 1908, if it considers necessary so to do, in view of the nature of the particular industrial dispute pending before it.]

11. The Conciliation Officer may hold a meeting of the representatives Of both parties jointly or of each party separately.

12. The Conciliation Officer shall conduct the proceedings expeditiously and in such manner as he may deem fit.

13. Place and time of hearing-][ Subject to the provisions contained in rules 10A and 108). The sitting of a Board, Court, Labour Court. Tribunal or of an Arbitrator shall be held at such times and places as the Chairman or the Presiding Officer or the Arbitrator, as the case may be, shall inform the parties of the same in such manner as he thinks fit.

1 Inserted vide Notification No F. 3(14) Lab. 63 dated 4-4-1967, published in Raj Gaz. Part lv-C, ordinary, dated 27-7-1967.

14. Quorum for Boards and Courts-The quorum necessary to c,onstitute a sitting of a Board or Court shall be as follows :-

(i) ln the case of a Board - Where the under of members is 3.

(ii) ln the case of a Countwhere the member of members is not more than 2 where the number of members is more than 2 but less than five.

15. Evidence-A Board, Court, Labour Court, Tribunal or an Arbitrator may accept, admit or call for evidence at any stage of the proceedings before it /him and in his manner as it/he may think fit.

1[|5Ax X X]

16. Administration of oath-Any member of a Board or Court or Presiding Officer of a Labour Court, Tribunal or an Arbitrator may administer a oath.

17. Summons-A summon issued by a Board, Court. Labour Court or Tribunal shall be in Form D and May require any person to produce before it any books, papers or other documents and things in the possession of or under the control of such person in any way relating to the matter under investigation or adjudication by the Board, Court, Labour Court or Tribunal which the Board, Court, Labour Court or Tribunal thinks necessary for the purposes of such investigation or adjudication.

18, Service of summons or notice-Subject to the provisions contained in rule 20, any notice, summons, process of order issued by a Board, Court, Labour Court, Tribunal or an Arbitrator empowered to issue such notice summons, process or order, may be served either personally or by registered post.

19. Description of parties in certain cases-Where in any proceeding before a Board, Court, Labour Court, Tribunal or &n Arbitrator there are numerous person arrayed on any side such person shall be described as follows:-

(1) All such persons as are members of any trade union or association shall be described by the name of such trade union or association;

]Deleted vide Notification No F. 3(14) Lab. 63 dated 4-4-1967, published in Raj Gaz. Part lv- C, ordinary, dated 27-7-1967.

(2) All such persons as are not members of any trade union of association shall be described in such manner as the Board, Court, Labour Court, Tribunal or arbitrator, as the case may be, determine.

20. Manner of service in the case of numerous persons as parties to dispute-(1) Where there are numerous persons as parties to any proceeding before a Board, Court, Labour Court, Tribunal or an Arbitrator and such persons are members of any trade union or association, the service of notice on the Secretary or where there is no Secretary, on the Principal officer of the trade union of association Shall be deemed to be service on such Person.

(2) Where there are numerous Persons as parties to any proceeding before a Board, Court, Labour Court, Tribunal or an Arbitrator and such persons are not members of any trade union or association,: the Board, Court, Labour Court, Tribunal or Arbitrator, as the case may be, shall, where personal services not practicable, cause the service of any notice to be made by affixing the same at or near the main entrance of the establishment concerned.

(3) A notice served in the manner specified in sub-rule (2) shall also be considered as sufficient in the case of such workmen as cannot be ascertained and found.

21. Procedure at the first sitting-At the first sitting of a Board, Court, Labour Court or Tribunal the Chairman or the Presiding Officer, as the case may be, shall call upon the parties in such order as he may think fit to state their case.

22. Board, Court, Labour Court, Tribunal or Ai.bitrator may proceed ex parte-lf without sufficient cause being shown, any part to proceeding before a Board, Court, Labour Court, Tribunal or Arbitrator fails to attend or to be represented, the Board, Court, Labour Court, Tribunal or Arbitrator may proceed as if the party had duly attended or had been represented.

][22-A. Setting aside ex parte decision.-(1) On an application made within fifteen days of the ex parte decision, the Board, Court, Labour Court, Tribunal or Arbitrator may, on sufficient cause being shown after notice to the opposite party set aside either wholly or in part an ex parte decision.

(2) The Board, Court, Labour Court, Tribunal or Arbitrator may on an application.

extend the time of fifteen days as prescribed in sub-rule. (1) on sufficient cause being shown.

1.Inserted vide Notification No. G.S.R. 6/F 1 (2) (28)/Shram/72, dated 1-5-1973. Published in Rajasthan Gaz. Part lv-C (1), Extraordinary dated 3-5-1973.

(3) Application under sub-rules (1) and (2) shall be `supported by an affidavit.]

23. Power of entry and inspection:-A Board or Court, or any member thereof or a Conciliation Officer, a Labour Court, Tribunal or any person authorized in writing by the Board, Court, Labour Court or Tribunal in this behalf may, for the purposes of any conciliation, investigation, enquiry or adjudication entrusted to the Conciliation Officer, Board, Court, Labour Court and Tribunal under the Act. at any time between the hours of sunrise and Sunset and the case of a person authorized in writing by 4 Board, Court, Labour Court or Tribunal after he has given reasonable notice, enter any building, factory, workshop or other place or premises Whatsoever, and inspect the same or any work machinery, appliance or article herein or interrogate any person . therein in respect of anything situated therein or any matter relevant to the subject-matter of the conciliation, investigation, enquiry or adjudication.

24. Power to Boards, Courts, Labour Courts and Tribunals- ln addition to the powers conferred by the Act, Boards, Labour Courts -and Tribunals shall have the same powers as. are vested in a Civil Court under the Code of Civil Procedure,1908, when trying a suit, in .respect of the following matters, namely: -

(a) discovery and inspection:

(b) granting adjournment:

and the Board, Court, Labour Court or Tribunal may summon and examine any person whose evidence appears to it to be material and shall be deemed to be Civil Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure,1898.

25. Assessors.-Where assessors are appointed to advise a Tribunal under subsection (4) of section 7-A or by the Court, Labour Court or Tribunal under sub-section (5) of section 711, the Court, Labour Court or Tribunal as the case may, shall in rotation to proceeding before it.' obtain the advice of such assessors, but such advice shall not be binding on it.

26. Fees for copies of awards etc.-(1) Fees for making a copy of an award or an order of a Labour Court.. Tribunal or an Arbitrator of the report of the Board of Conciliation or of any other document filed in any proceeding before such Labour, Court, Tribunal, Arbitrator of Board of Conciliation shall be charged as follows-

(a) forthefirst 200wordsorless, seventy five paise,.

(b) for every additional l00words or fraction thereof, thirty seven paise:

Provided that where an. award or order or document exceeds five pages. the approximate number .of words per page shall be taken as the basis for calculating the total number of words to the nearest hundred, for the purpose of assessing the copying fee:]

1 [Provided further that in relation to an industry carried on by or under the authority of any department of the State Government, no fees for making copy of such award order or document shall be chargeable, if application therefore is made by employer of such industry or by a legal practitioner representing such employer.]

(2) For-certifying a copy of any such award or order or document, a fee of Re. 1/- shall be payable - 2[Provided that no fees for certifying such copy shall be chargeable from the employer of an industry referred to in second proviso to sub-rule (1) and from his legal practitioner.]

(3) Copying and certifying fees shall be payable in cash in advance.

(4) Where a party applies for immediate delivery of a copy of any such award or order of document, an additional fee equal to one-half of the fee leviable under this rule shall be payable.

27. Decision by majority.-All questions arising for decision at any meeting of a Board or Court, save where the Court consists of one person shall be decided by a majority of the votes of the members thereof (including the Chairman) present at the meeting. In the event of an equality of votes, the Chairman shall also have & casting vote.

28. Correction of errors.-The Labour Court, Tribunal or Arbitrator may correct any clerical mistake or error arising from an accidental slip or omission in any award it he issues.

29. Right of representatives.-The representatives of the parties appearing before a Board, Court, Labour Court, Tribunal or an Arbitrator shall have the right of examination, cross-examination and of addressing the Board, Court, Labour Court, Tribunal or Arbitratorwhen an evidence has been called.

30. Proceedings before a Board, Court, Labour Court or Tribunal.-The proceedings before a Board, Court, Labour Court or Tribunal shall be held in public :

]Added vide Notification No GSR 309/F. 3(14) Lab. 63 dated 7-1-1972, published in Raj Gaz.

Part lv-C (1) ordinary, dated 23-1-1975.

2Substituted vide Notification No GSR 311(29)/F. 1(2)(28)/shram/72, dated 6-3-1975, published in Raj Gaz. Part lv-C (1) ordinary, dated 6-3-1975.

Provided that the Board, Court, Labour Court or Tribunal may at any stage direct that. any witness shall be examined or its. proceedings shall be held in camera.

PART IV Remuneration of Chairman and members of Courts, Presiding Officers of labour Courts, Tribunals, Assessors and Witnesses

31. Travelling Allowance.-The Chairman or a member of a Board or Court or the Presiding Officer or an Assessor of Labour Court or Tribunal if a non-official shall be entitled to draw travelling allowance and halting allowance for any journey performed by him in connection with the performance of his duties, at the rates admissible and subject to the conditions applicable to a Government servant of the first grade under the Rajasthan Travelling Allowance Rules & Audit Accounts, issued by the Government from time to time.

32. Fees.-The Chairman and member of a Board or Court, the Presiding Officer and an Assessee of a Labour Court of Tribunal wherever he is not a salaried officer of Government may be granted such fees as may be sanctioned by the Government in each Case.

33 Expenses of witnesses.-Every person who is summoned and duly attends or otherwise appears as a witness before a Board, Court, Labour Court, Tribunal or an Arbitrator shall be entitled to an allowance for expenses according to the scale for the time being in force with respect to witnesses in civil courts in this state where the investigation, enquiry, adjudication or arbitration is being conducted.

PART V Notice of Change Notes The rules in this part have been framed to put into effect the requirements of Section 9A of the Act which reads as under:- No employer, who proposes to effect any change ln the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule; shall effect such change:-

(a) without giving to the workmen likely to be affected by such change a notice in the prescribed manner of the nature of the change proposed to be effected; or .

(b) within twenty-one days of giving such notice:

Provided that no notice shall be required for effecting any such change.

(a) where the change is effected in pursuance of any. Settlement award or decision of the Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, XLVIIl of 1950; or

(b) where the workmen likely to be effected by the change are persons to whom the Fundamental and Supplementary Rules, Civil Services (Classification. Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations. Civilians in Defence Services (classification, Control end Appeal) Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the appropriate Government in the official Gazette, apply.

34. Notice of Change.-Any employer intending (6 effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule shall give notice of such intention in Form E.

][The notice shall be displayed conspicuously by the employer on a notice board at the main entrance of the establishment and in the Manager's office

Provided that where a registered union exists a copy of the notice shall also be served on the Secretary of the union.

35. 2[xxx]

PART VI Representation of Parties Notes Section 36 of the Act reading as under provides for the representation of parties.

Rules 36 and 37 under this part deal with the same subject.

(1) A workman who is a party to a dispute shall be entitled to be represented in any proceeding under this Act by-

(a) an officer of a registered trade union of which he is a member;

]Added by Notification No F. 3(31) Lab/ 62 dated 21-10-1963, published in Raj Gaz. Part lv- C, ordinary, dated 5-12-1963 2 Deleted vide Notification No F. 3(14) Lab. 63 dated 4-4-1967, published in Raj Gaz. Part lv- C, ordinary, dated 27-7-1967.

(b) an officer of a federation of trade unions, to which the trade: union referred to in clause (a) is affiliated;

(c) Where the worker is not a member of any trade union, by an officer of any trade union connected with, or by any other workmen employed in the industry in which the worker is employed and authorised in Such manner as may be prescribed.

(2) An employer who is 2 patty to a dispute shall be entitled to be represented in any proceeding under this Act by-

(a) an officer of a federation of employers of which he ls a member:

(b) an officer of a federation of associations of employers to which the association referred to in clause (a) is affiliated;

(c) where the employer is not a member of any association of employers by an Officer of ahy association Of employers connected with, or by any other employer engaged in, the industry in which the employer is enyayed and authorised in such manner as may be prescribed.

(3) No party to a dispute shall be entitled to. be represented by a legal practioner in any conciliation proceeding under this Act or in any proceedings before a Court.

(4) In ay proceeding before a Labour Court; Tribunal or National Tribunal a party to dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and with the leave of the Labour Court, Tribunal or National Tribunal as the case may be.

36. Form of authority under section 35.-The authority in favour of a person of persons of represent a workmen or group of workmen or an employer in any proceeding under the Act shall be in form F, :

37. Parties bound by acts of representative.-A party appearing by a representative shall be bound by the acts of that representative.

PART Vll Works Committee Notes :

Rules in this part have been framed to provide for the matters referred to in section 3 of the Act reading as under:-

(1) ln the case of any Industrial establishment in which one hundred or more workmen are employed or have been employed on any day in preceding twelve months,. the appropriate Government may by general or special order require the employer to constitute ln the prescribed manner a Works Committee consisting of representatives of employers and workmen engaged in the establishment so how ever that the number of representatives of workmen on the Committee shall not be less than the number of representatives of the employer. The representatives of the workmen shall be chosen in the prescribed manner from among the workmen engaged in the establishment and in consultation with their trade union, if any, registered under the Indian Trade Unions Act,1926 (Xvl of 1926).

(2) lt shall be the duty of the Works Committee to promote measures for securing and preserving amity and good relations between the employers and workmen and, to that end to comment upon matters of their common Interest of concern and endeavour. to compose any material difference of Opinion in respect of such matters.

38. Constitution -Any employer to whom an order made under sub-section (1) of section 3 relates shall forthwith proceed to constitute a Works Committee to the manner prescribed in this part. :

39. Number of members.-The number of members constituting the Committee shall be fixed so as to afford representation to the various categories, groups and Classes of workmen engaged in, and to the sections, shops or departments of the establishment:

Provided that the total number of members shall not exceed twenty :

Provided further that the number of representatives of the workmen shall not be less than the number of representatives of the employers.

40. Representatives of employer.-Subject to the provisions of these rules. the representatives of the employer shall be nominated by the employer and shall as far as possible. be official in direct touch with or associated with the working of the establishment.

41. Consultation with trade unions -(1) Where any workman of an establishment are members of a registered trade union, the employer shall ask the union to inform him in writing-

(a) how many of the workmen are members of the union ; and

(b) how their membership is distributed among the sections, shops or departments of the establishment.

(2) Where an employer has reason to believe that the information furnished to him under sub-rule (1) by any trade union is false, be may, after informing the union, refer the matter to the Conciliation officer concerned for his decision and the conciliation Officer after hearing the parties shall decide the matter and his decision shall be final.

42. Groups of workmen's representative.-On receipt of the information called for under rule 41, the employer shall provide for the election of workmen's representatives on the Committee in two groups-

(1) those to be elected by the workmen of the establishment who are members of the registered trade union or unions, and

(2) those to be elected by the workmen of the establishment who are not members of the registered trade union or unions.

bearing the same proportion to each other as the union members in the establishment bear to the non-members:

Provided that where more than half the workmen are members of the union or any one of the unions, no such division shall be made:

Provide further that where a registered trade union, neglects or fails to furnish the information called for under sub-rule(1) of rule 41 within one month of the date of the notice requiring it to furnish such information, such union shall for the purpose of this rule be treated as if it did not exist:

Provided further that where any reference has been made by the employer under sub-rule(2) of rule 41, the election shall be held on receipt of the decision of the Conciliation Officer.

43. Electoral Constituencies. -Where under rule 42 the workmen's representatives are to be elected in two groups the workmen entitled to vote shall be divide into two electoral constituencies, the one consisting of those who are members of a registered trade union and the other of those who are not:

Provided that the employer may if he thinks fit, sub-divide the two electoral constituencies and direct that workmen shall vote in either by groups, sections, shops or departments.

44. Qualification of candidates for election-Any workman of not less than 19 years of age and with a service of not less than one year in the establishment may if nominated as provided in these rules be a candidate for election as a representative of the workmen on the Committee:

Provided that the service qualification shall not apply to the first election in an establishment which has been in existence for less than a year.

45.Qualifications for voters -All workmen, other than casual employers who are not less than 18 years of age and those who have put in not less than 6 months service in the establishment shall be entitled to vote in the election of the representative of workmen.

46. Procedure for election -(1) The employer shall fix a date as the closing date for receiving nominations from candidates for election as workmen's representatives on the committee.

(2) For holding the election, the employer shall also fix a date which shall not be earlier than three days and later than ten days after the closing date for receiving nominations.

(3) The dates so fixed shall be notified at least seven days in advance to the workmen and the registered trade union or unions concerned. Such notice shall be affixed on the notice board or given adequate publicity amongst the workmen. The notice shall specify the member of seats to be elected by the groups, sections: shops or departments and the number to be elected by the members of the registered trade union or unions and by the non-members.

(4) A copy of such notice shall be sent to the registered trade union or unions concerned.

47. Nomination of candidates for election- (1) Every nomination shall be made on a nomination paper in form G copies of which shall be supplied by the employer to the workmen requiring them.

(2) Each nomination paper shall be signed by the candidate to whom it relates and attested by at least two other voters belonging to the group section, shop or department, the candidate seeking election will represent and shall be delivered to the employer.

48. Scrutiny of nomination papers.-(1) On the day following the last day fixed for filling 'nomination papers, the nomination papers shall be scrutinised by the employer in the presence of the candidates and the attesting persons and those which are not valid shall be rejected.

(2) `For the purpose of sub-rule (1), a nomination paper shall be held to be not valid if-(a) the candidate nominated is. ineligible for membership under rule 44 or (b) the requirements of rule'47 have not been complied with:

- Provided that where a candidate or an attesting person is unable to be present at the time of scrutiny, he may send a duly authorised nominee for the purpose.

49. Voting in election.-(1) If the number of candidates who have been validly nominated is equal to the number of seats, the candidates shall be forthwith declared duly elected.

(2) lf in any constituency the number of candidates is more than the number of seats allotted to it, voting shall take place on the day fixed for election.

(3) The election shall be held in such manner as may be convenient for each electoral constituency.

(4) The voting shall be conducted by the employer and if any of the candidates belong to a union such of them as the union may nominate shall be associated with the election.

(5) Every workman entitled to vote at an electoral constituency shall have as many votes as there are seats to be filled in the constituency :

Provided that each voter shall be entitled to cast only one vote in favour of any one candidate.

'[50. Arrangements for election.- The employer shau be responsible for all arrangements in connection with the election.) .

51. Officers of the Committee.-(1) The Committee shall have among its officebearers a Chairman. Vice-Chairman, a Secretary and a Joint Secretary. The Secretary and the Joint Secretary shall be elected every year.

(2) The committee shall elect the Chairman and the Vice-Chairman provided that where the Chairman is elected from amongst the representatives of the employers, the Vice-Chairman shall be elected from amongst the representatives of workmen and vice Versa :

Provided further that the post of the Chairman or the Vice-Chairman, as the case may be, shall not be held by a representative of the employee or the workmen, for two consecutive terms. 7

(3)The Committee shall elect the Secretary and the Joint Secretary provided that where the Secretary is elected from amongst the representatives of the employers. the Joint Secretary shall be elected from amongst the representatives of the workmen and vice-versa

Provided further that the post of the Secretary or the Joint Secretary as the case may be shall not be held by a representative of the employer of the workmen for two consecutive years.

52. Term of office.-(I) The term of office of a workmen's representative on the Committee other than a member chosen to fill a casual vacancy shall be two years.

Llnserted vide Notification No F. 3(14) Lab. 63 dated 4-4-1967, published in Raj Gaz. Part lv- C, ordinary, dated 27-7-1967.

(2) A member chosen to fill & casual vacancy shall hold office for the unexpired term of his predecessor.

(3) A member who, without obtaining leave from the Committee fails to Attend, three consecutive meetings of the Committee shall forfeit his membership.

53. Vacancies-ln the event of workmen's representative ceasing to be a member under sub-rule (3) or rule 52 or ceasing to be employed in the establishment or in the event of his resignation, death or otherwise, his successor shall be elected, in accordance: with the Provisions of this part from the same group, section, shop ot department to which the member vacating the seat belonged.

54. Power to co-opt.-The Committee shall have the right to co-opt a consultative capacity person employed in the establishment having particular or "special knowledge of a matter under discussion, such co-opt member shall not be entitled to vote and shall be present at meetings only for the period during which the particular question is before the Committee.

55. Meetings -(1) The Committee may meet as often as necessary but not Jess often than once in three months (a quarter).

(2) The Committee shall at its first meeting regulate its own procedure.

56. Facilities for meeting, etc.-The employer shall provide accommodation for holding meetings of the Committee. He shall also provide all necessary facilities to the Committee The Committee shall ordinarily meet during working hours of the establishment concerned on any working day and the representative of the workmen shall be deemed to be on duty while attending the meeting.

57. Dissolution of Works Committee.-The Government, or where the power under section 3 bas been delegated to any officer or authority under section 39 such officer or authority may, after making such inquiry as it or he may deem fit, dissolve any Works Committee at any time, by an order in writing. if be or it is satisfied that the Committee has not been constituted in accordance with these rules or that not less than two-thirds of the number of representatives of the workmen have, without any reasonable justification failed to attend three consecutive meetings of the Committee or that the Committee has, for any other reason, ceased to function:

Provided that where a Works Committee is dissolved under this rule, the employer may and if so required by the Government Of, as the case may be by such officer or authority shall, take steps to reconstitute the Committee in accordance with these rules.

PART Vll Miscellaneous

58. Memorandum of settlement.-(1) A settlement arrived at in the course of conciliation proceedings of otherwise, shall be in Form 'H'

(2) The settlement shall be signed by-

(a) in the case of an employer, by the Employer. himself or by his authorized agent, or when the employer is an incorporated company or other body corporate by the agent, manager or Other principal officer of the corporation;

(b) in the case of workmen, either by the President and Secretary of a trade union of workmen, or by five representatives of the workmen duly authorized in this behalf at a meeting of the workmen held for the Purpose.

[[Exp/onclt/.on -In this rule, `officer' means any of the following officers namely ;-

(a) the President,

(b) the Vice-President,

(e) any other officer of the trade union.

(3) Where a settlement is arrived at in the course of conciliation proceeding the Conciliation Officer shall send a report there of to the 1(State Government together with a copy of the memorandum of settlement signed by the parties to the dispute.

(4) Where a settlement is arrived at between an employer and his workmen otherwise than in the course of conciliation proceeding before a Board or a Conciliation Officer the Parties to the settlement shall jointly send a Copy thereof to the 2[State] Government and the Labour Commissioner, Rajasthan and to the Conciliation Officer concerned.

59 Complaints regarding change of conditions of service etc.- (1) Every complaint under Section 33 A of the Act shall be presented in triplicate in Form I and shall be accompanied by as many copies of the complaint as there are opposite parties the complaint, [Added and substituted vide Notification No F. 3(14) Lab. 63 dated 4-4-1967, published in Raj Gaz.

Part lv-C, ordinary, dated 27-7-1967. 2 Inserted and substituted--ibid

(2) Every complaint under sub-rule (1) shall be verified at the foot by the workmen making it or by some other person Proved to the satisfaction of the Labour Court or Tribunal lo be acquainted with the facts of the case.

(3) The-person verifying shall specify, by references to the numbered paragraphs of the-complaint, what be Verifies of his own knowledge and what he verifies upon information received and believed to be true.

(4) The verification shall be Signed by the person making it and shall state the date on which it was signed.

60. Application under section 33-(1) An employer intending to obtain the express Permission in writing of the Conciliation Officer. Board, Labour Court or Tribunal as the case may be under sub-section (1) or sub-section (3) of section 33 shall present an application io Form J in triplicate to such Conciliation Officer, Board, Labour Court or tribunal and shall file along with the application as many copies thereof, as there are Opposite parties.

(2) An employer seeking the approval of the Conciliation Officer, Board Labour Court or Tribunal, as the case may be, of any action taken by him Under clause (a) or clause (b) of sub-section (2) of section 33 shall present an application in Form K in triplicate to such conciliation Officer, Board, Labour Court or Tribunal and shall file along with the application as many copies thereof, as there are opposite parties.

(3) Every application under Sub-rule (1) or sub-rule (2) shall be verified at the foot by the Employer making it or some other person proved to the satisfaction of the Conciliation Officer, Board, Labour Court or Tribunal to be acquainted with the facts of case.

(4) The person verifying shall Specify by reference to the numbered paragraphs of the application, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.

(5) The verification shall be signed by the person making it and shall state the date on which and the place at which it was verified,

61. Protected workmen.-(1) Every registered trade union connected with an industrial establishment, to which the Act applies, shall communicate to the employer before the 30th September every year, the names and addresses of such of the Officers of the union who are employed in that establishment and who, in the Opinion of the union, should be recognised as `protected workmen. Any change in the incumbency of any such officer shall be communicated to the employer by the union within fifteen days of such change.

(2) The employer shall, subject to section 33, sub-section (4) recognize such workmen to be ``protected workmen" for the purposes of sub-section (3) of the said section and communicate to the union, in writing, within fifteen days of the receipt of the names and addresses under sub-rule (1) the list of workmen recognised as protected workmen.

(3) Where the total number of names received by the employer under sub-rule (1) exceeds the maximum number o protected workmen, admissible for the establishment under section 33, sub-section (4) the employer shall recognize as protected workmen only such examine only such maximum number of workmen.

"Provided that, where there is more than one registered: trade union in the establishment the maximum number shall be so distributed by the employer among the onions that the numbers of recognised protected workmen in individual unions bear roughly the same proportion to one another, as the membership figures of the unions. The employer shall in that case intimate in writing to the President or the Secretary of the union, the number of protected workmen allotted to it.

Provided further that where the number of protected workmen allotted to a union this sub-rule falls short of the number of officers of the. union seeking protection, the union shall be entities to select the officers to be recognised as protected workmen. Such selection shall be made by the union and communicated to the employer within five days of the receipt of the employer.

(4) When a dispute arises between an employer and any registered trade union in any matter connected with the recognition of `protected workmen' under this rule, the dispute shall be referred to the Conciliation Officer concerned, whose decision thereon shall be final.

Notes The rules 59, 60 and 61 prescribe the matters referred to in sections 33 and 33-A of the Act. The sections read as. under :-

(1) Duringthe pendency of any conciliation proceeding before a conciliation officer or a Board or of any proceeding before Labour Court or Tribunal or National Tribunal in respect of an industrial dispute, no employer shall,-

(a) in regard to any matter concerned with the dispute, alter to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceeding; or

(b) foranymisconductconnected withthe dispute, discharge orpunish, whether by dismissal or otherwise, any workmen concerned in such dispute.

save with the express permission in writing of the authority before which the proceeding is pending. \

(2) During the Pendency of any such proceeding ln respect of an industrial dispute, the employer may. in accordance with the standing orders applicable to a workman concerned in such dispute,-

(a) alter in regard to any matter not connected with the dispute, the conditions of service applicable to that workman immediately before the commencement of such proceeding; or

(b) for any misconduct connected with the dispute, discharge, or Punish, whether by dismissal or otherwise, that workman :

Provided that no such workman shall be discharged or dismissed, unless he has been paid Wages for one month and an application has been made by the employer to the authority before which the Proceeding is pending for approval of the action taken by the employer.

(3) Notwithstanding anything contained ln sub-section (2). no employer shall, during the Pendency of any such proceeding in respect of an industrial dispute, take any action against any protected workmen concerned in such dispute-

(a) by altering, to the prejudice of such protected workman, the conditions of service applicable to him immediately before the commencement of such Proceedings; or

(b) by discharging or Punishing, whether by dismissal or otherwise, such protected workman.

save with the express permission in writing of the authority before which the proceeding is pending.- Exp/crncrf/.on-For the propose of this sub-section, a `protected workman', in relation to an establishment, means a workman who, basing an-officer of a registered trade union connected with the establishment, ls recognised as such in accordance with rules made in this behalf.

(4) In every establishment, the number of workman to be recognised as protected workman for the Purposes of sub-section (3) shall be one per cent of the total number of workmen employed therein subject to a minimum number of five protected workmen and a maximum number of one hundred protected workmen and for the aforesaid Purpose the appropriate Government may make rules providing for the distribution of such protected workmen among various trade unions, if any, connected with the establishment and the manner in which the workmen may be chosen and recognised as Protected workmen.

(5) Where an employer make an application to a Conciliation Officer, Board, Labour Court Tribunal or National Tribunal under the proviso to sub section (2) for approval of the action taken by him, the authority concerned shall without delay, hear such application and Pass, as expeditiously as possible, such order in relation thereto as it deems fit.

Where an employer contravenes the Provisions of section 33 during the pendency of proceedings before a Labour Court. Tribunal or National Tribunal any employee aggrieved by such contravention, may make a complaint in writing, in the prescribed manner to such Labour Court. Tribunal or National Tribunal and on receipt of such complaint that Labour Court, Tribunal or National Tribunal shall adjudicate upon the complaint as if it were a dispute referred to or pending before it in accordance with the provisions. of this Act and shall submit its award to the appropriate Government and the Provisions of this Act shall apply accordingly ][62. Application for recovery of dues.-(1) Where any money is due to a workman from any employer under a settlement or under the provisions of Chapter V-A, the workman concerned may apply in Form K-1 for the recovery of the money due to him.

(2) Where any workman is entitled to receive from the employer any benefit which is capable of being computed in terms of money, the workman concerned may apply to the specified Labour Court in Form K-2 for the determination of the. amount at which such benefit Should be Computed.

(3) Where the Labour Court has determined the amount of the benefit under subrule (2), the workman concerned may apply in Form K-3 for the recovery of the money due to him.

63. Appointment of Commissioner- Where it is necessary to appoint a Commissioner under sub-section (3) of section -33-C of the Act, the Labour Court may appoint a person with experience in the particular industry, trade or business involved in the industrial dispute or a Person with experience as a Judge of a Civil Court, or as a stipendiary Magistrate or as 4 Registrar or Secretary of a Labour Court or Tribunal constituted under the Act or of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act,1950.

64. Fees for the Commissioner.-(1) The Labour Court shall. after consultation with the parties, estimate the probable duration of the enquiry and fix the amount of Commissioner's fees and other incidental expenses and direct the payment thereof into the nearest treasury, within a specified time by such party or parties and in such proportion, as it may consider fit. The Commission shall not issue until satisfactory evidence of the deposit into the treasury of the sum fixed is filed before the Labour Court:

]Substituted vide Notification No F. 3(14) Lab. 63 dated 4-4-1967, published in Raj Gaz. Part lv-C, ordinary, dated 27-7-1967.

Provided that the Labour Court may from time to time direct that any further sum or sums be deposited into the treasury with in such time and by such Parties, as it may consider fit:

Provided further that the Labour Court may in its discretion, extend the time for depositing the sum into the treasury.

(2) The Labour Court may, at any time for reasons to be recorded in writing vary the amount of The Commissioner's fee in consultation with the parties.

(3) The Labour Court may direct that the fees shall be disbursed to the Commissioner in such instalments and on such dates, as it may consider fit.

(4) The undisbursed balance, if any, of the sum deposited shall be refunded to the party or parties who deposited the sum in the same proportion as that id which it was deposited.

65. Time for submission of report.-(1) Every order for the issue of a Commission shall appoint a date following sufficient time, for the Commissioner to submit his report.

(2) If for any reason the commissioner anticipates that the date fixed for the submission of his report is likely, to be exceeded, he shall apply, before and the Labour court shall take such grounds in to consideration in passing orders on the applications.

Provided that the Labour Court any grant extension of time notwithstanding that no application for such extension has been received from the Commissioner within the prescribed time limit.

Notes The rule 62, 63, 64 and 65 are meant to put into effect the requirements of section 33 C. of the Act. The section is reproduced below:-

(1) Where anymoneyisduetoaworkmenfrom an employerundera settlement or an award or under the provisions of Chapter V-A, the workman may, without prejudice to any other mode of recovery, make an application to the appropriate Government for the recovery of the money due to him, and if the appropriate Government is satisfied that any money is so due, it Shall issue a certificate for that amount to the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue.

(2) Where any workman is entitled to receive from the employer any benefit which is capable of being computed in terms of money, the amount at which such benefit should be computed may subject to. any rules that may be made under this Act, be determined by such Labour Court as may be specified in this behalf by the appropriate Government, and the amount so determined may be recovered as provided for ln subsection (1).

(3) For the purposes of computing the.money value of a benefit, the Labour Court may, if it so thinks fit, appoint a Commissioners who shall after taking such evidence as may be necessary, submit a report to the Labour Court and the Labour Court. shall determine the amount after considering the report of the Commissioner and other circumstances of the case.

66. local Investigation.-ln any industrial dispute in which the Labour Court deems a local investigation to be requisite or proper for the: purpose of computing the money value of a benefit, the Labour Court may Issue a Commission to a person referred to-in rule 63 directing him to make such investigation and to report thereon to it.

67. Commissioner's report.-The Commissioner after such local inspection, as he deems necessary and after reducing to writing the evidence taken by him, shall return such evidence together with his report in writing signed by him to the Labour Court.

(2) The report of the Commissioner and the evidence taken by him (but not the evidence without the report) shall be evidence in the-industrial dispute and shall form part of the record of the proceedings in the industrial dispute; but the Labour Court, of with the permission of the Labour Court, any of the parties to the industrial dispute may examine the Commissioner personally before the Labour Court regarding any of the matters referred to him or mentioned in his report or as to his report or as to the manner in which he has made the investigation.

(3) Where the Labour Court is for any reason dissatisfied with the proceeding of the Commissioner, it may direct such further enquiry to be made as it shall think fit.

68. Powers of Commissioner-Any Commissioner appointed under these rules may unless otherwise directed by the order of appointment-

(a) examine the parties themselves and any witnesses whom they or any of them may produce, and any other person whom the Commissioner thinks proper to call upon to give evidence in the matter referred to him;

(b) call forand examinedocumentsandotherthings relevanttothesubjectofenquiry;

69. Summoning of witnesses etc.-(1) The provisions of the Code of Civil Procedure, 1908 (Act V of 1308) relating to the summoning, attendance examination of witnesses and penalties to be imposed upon witnesses, shall apply to persons required to give evidence or to produce documents before the Commissioner under these rules.

(2) Every person: who is summoned and appears as a witness before the Commissioner shall be entitled to payment by the Labour Court out of the sum deposited under rule 64, of an allowance for expenses incurred by him in accordance with the scale for the time being in force for payment of such allowance to witnesses appearing in the Civil Courts.

70. Representation of Parties before the Commissioner.-The parties to the industrial dispute shall appear before the Commissioner. either in person or by any other persons who is competent to represent them in the proceedings before the Labour Court.

71. Notice of Strike: -(1) The Notice of strike to be given by work. Men in a public utility service shall be in Form 1.

(2) On receipt of a notice of a strike under sub-rule (1), the employers shall forthwith intimate the fact to the Conciliation Officer having jurisdiction in the matter.

72. Notice of lock-out.-The Notice of lock-out to be given by an employee on a public Utility service shall be in Form M. £[The notice shall be displayed conspicuously by the employer on a notice board at the main entrance to the establishment and in the Manager's Office :

Provided that where a trade union exists, a copy of the notice shall also be served on the Secretary of the Union .

73. Report of lock-out or strike.-The notice of lock-out or strike in a public utility service to be submitted by the employer under sub-section (2) of Section 22, shall be in Form N. a.

74. Report of notice of strike or lock-out.-The report of notice of a strike or lockout to be submitted by the employer under sub-section (6) of Section 22, shall be sent by registered post or given personally to the Conciliation Officer appointed for the local area concerned, with copy by registered post to :-

(1) The Secretary to the Government, Labour Department, Government of Rajasthan, Jaipur.

(2) The Labourcommissioner, Rajasthan,Jaipur,

(3) The District Magistrate concerned.

]Added by Notification No. F5(5)/ Lab/59, dated 28-10-1960, published in Raj. Gaz. part lv-C, Ordinary, dated 17-11-1960 NOTES Rules 77 to 74 prescribe the Matters referred to in sec. 22 of the Act which reads as under :

(1) No person employed in a public utilityservice shall go on strike in breach of contract-

(a) without giving to the employer notice of Strike, as herein after provided, within six weeks before striking; or

(b) within fourteen days of giving such notice; or

(d) during the pendency of any conciliation Proceeding before a conciliation Officer and seven days after the conclusion of such proceedings.

(2) workmen- No employer carrying on any public utility service shall lock-out any of his

(a) without giving them notice of lock-out.as hereinafter Provided, with in six weeks before locking out; or

(b) within fourteen days of giving such notice; or

(d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings.

(3) The notice of lock-out or strike under this. section shall note be necessary where there is already in existence a strike of 8S the case may be, lock-out in the public utility service, but the employer shall send intimation of such Lock-out or strike an `the day on which it is declared, to such authority as may be specified by the appropriate Government either generally or for a particular area for a particular class of public utility services.

(4) The notice of strike referred to in sub-section (1) shall be given by such number of persons to such person or persons and in such number as may be prescribed.

(5) The notice of lock-out referred to in sub-section (2) shall be given in such manner as may be prescribed.

(6) lf on any day an employer receives from any. Persons employed by him any such notices as are referred to in sub-section (1) or gives to any Persons employed by him any such notices as are referred to in sub-section (2), he shall within five days thereof report to the appropriate Government of to such authority as that Government may prescribe the number of such notices received or given on that day.

75. Register of settlements.-The Conciliation Officers shall file all settlements effected under this Act in respect of disputes in the area within his jurisdiction in a register maintained for the purpose as in Form.

•[75-A. Notice of lay off.- (1) lf any workman employed in an industrial establishment as defined in the explanation to section 25 of the Act, not being an industrial establishment referred to in sub-section (1) of that section (1) of that section, is laid of then the employer concerned shall give notice of the commencement and the termination of such lay off in Forms 0-1 and 0-2 respectively within three-days of such commencement or termination, as the case may be.

(2) Such notice shall be given by an employer in every case irrespective of whether in his opinion the workman laid off is or is not entitled to compensation in' section 25-C of the Act.)

2[75-a. Application for permission to lay off under section 25-M.- (1) Application for permission to lay off any workman under sub-section (I) or for permission to continue a lay off under sub-section (2). of section 25-M, shall be made in Form (0-3) and delivered to the authority specified under sub-section (1) 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 said authority shall be deemed to the date on which the application was made, for the purposes of sub-section (4) of the said section.

(2) The application for permission shall be made in triplicate and sufficient number of copies of the application for service on the workmen concerned shall also be submitted along with the application.

(3) The employer concerned shall furnish to the authority to whom the application for permission has been made such further information as the authority considers necessary for arriving at a decision on the application, as and when called for by such authority as to enable the authority to as to enable the authority to communicate the permission or refusal to grant permission within the period specified in sub-section (4) of section 25-M.

1 Inserted vide Notification No F. 3(31) Lab/ 62 dated 21-10-1963, published in Raj Gaz. Part lv-C, ordinary, dated 5-12-1963.

2Rule 758 inserted by Amending Rules,1976 by Notification No.F1 (2)(),shram/78, dated 27- 5-1976 vide G.S.R. 28, pub.in Raj. Gaz. Extra-ordinary,part lv-C(1),dated27-5-1976 at page 121 tol43

(4) Where the permission to lay-off bas been granted by the said authority, the employer concerned shall give to the Regional Dy/Asstt. Labour Commissioner, concerned, a notice of commencement and termination of such lay off in Form 0-1 and 0-2 respectively and where permission to continue a Jay off has been granted by the said authority, the employer shall: give to the Regional Deputy (Assistant Labour Commissioner concerned, a notice of commencement of such lay-off in Form 0-1, in case such a notice has not already been given under sub-rule (1) of rule 75-A, and a notice of termination of such lay off in Form 0-2,,,

(5) The notice of commencement and termination of lay-off referred to in sub-rule

(4) shall be given within the period specified in sub-rule (1) of rule 75A) ][76. Notice of retrenchment.-lf any employer desires to retrench any workman employed in his industrial establishment, who has been in continuous service for not less than one year under him (hereinafter referred to as ``workman" in this rule and in rules 77 and 78, he shall be given notice of such retrenchment as in Form P-G to the State Government, the Labour Commissioner, the Regional Dy. Labour Commissioner, Assistant Labour Commissioner and the Employment Exchange concerned and such notice shall be served on the State Government, the Labour Commissioner, the Regional Dy. Labour Commissioner/Assistant Labour Commissioner, and the Employment Exchange concerned by registered post in the following manner-

(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 giventotheworkman and be is paid one month'swages in lieu thereof 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, Regional Deputy Labour Commissioner, Assistant Labour Commissioner 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 30 days of the agreement, the notice of retrenchment shall be sent to the State Government, the Labour Commissioner, the Regional Deputy Labour Commissioner, the Assistant Labour Commissioner and the Employment. Exchange concerned, within 3 days of the agreement.

1 Substituted vide notification G.S.R. 61/F1(2)(28) Shram/72.dated 18-6-1974, published in Raj. Gaz.

Part lv-C (I),ordinary, dated 22-8-1974 ][76A. 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 From PA and served on the State Government or such authority as may be specified by that Government under the said clause either personally or by registered post acknowledgement due and where the notice is serviced 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 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 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 State Government of the authority shall be deemed to be the dale of 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 retrenchment has been made, under clause (c) of sub-section (1) or as the case may be, subsection (4) of the said section 25N such further information as the State Government or, as the case may be, the authority considers necessary for arriving at 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 of the authority to communicate is permission or refusal to grant permission with the period specified in sub-section (3) or as the case may be, as section (5S) of the said section 25N.

'[768 I Z[Notice of closure.-If an employer intends to close down an undertaking, he shall given notice of such closure in From a to the State Government, the Labour Commissioner, the Regional Dy. Labour Commissioner, the Assistant Labour Commissioner and the Employment Exchange concerned by registered post.

tRule 76A and 76C inserted and expression 768 substituted by the Raj.asthan Industrial Disputes (Amending) Rules,1976 by Notification No.F1 (2)(8),shram/76, dated 27-5-1976 vide G.S.R. 28, pub.in Raj. Gaz. Extra-ordinary,part IV-C,dated27-5-1976 at page 121 tol43.

Part lv-C (I),ordinary, dated 22-8-1974 Substituted vide otification G.S.R. 61/F1(2)(28) Shram/72.dated 18-6-1974, published in Rai.. Gaz.

[[76C. Notice of, and application for permission for, closure- (1) Notice under subsection (1) of section 25-0 of intended, closure shall be given to Form QA and served on the State Government either personally or by registered post acknowledgement due.

(2) Application for permission to close down as undertaking, under sub-section (3) of section 250. 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 to sent by registered post the date on 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, 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

The Rajasthan Industrial Disputes Rules. 1958

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