A party appearing by a representative shall be bound by the acts of that representative.
PART-VII WORKS COMMITTEE
41. Constitution.
Any employer to whom order made under Sub-section (1) of Section 3 relates shall forthwith proceed to constitute a Works Committee in the manner prescribed in this part.
42. 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 workmen engaged in, and to the sections, shops departments of the establishment:-
Provided that the total number of members shall not exceed twenty.
Provided further that the number representatives of the workmen shall not be less than the number of representatives of the employer.
43. Representatives Employer.
Subject to the provisions of these rules, the representatives of the employer shall nominated by the employer and shall, as far as possible, be officials in direct touch with or associated with the working of the establishment.
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44. Constitution with Trade Union.
(1) Where any workman of an establishment are member 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 he may, after informing the union refer the matter to the Labour Officer of the area concerned for his decision; and the Labour Officer after hearing the parties, shall decide the matter and his decision shall be final.
45. Groups of workmens' representative.
On receipt of the information called for under rule 44, the employer shall provide for the election of workmens' representatives on the committee in two groups-
(1) Those to be elected by the workmen of the establishment are members of the registered trade union or unions; and
(2) Those to be elected by the workmen of the esta- blishment 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 :
Provided further that where a registered trade union neglects or fails to furnish the information called for under sub-rule (1) of Rule 44 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 subrule (2) of Rule 44, the election shall be held on receipt of the decision of the Labour Officer of the area concerned.
46. Electoral Constituencies.
Where under Rule 45, the workman's representatives are to be elected in two-groups, the workmen entitled to vote shall be divided into two electoral constituencies the one consisting of those who are members of registered trade union and the other of those who are not:
Provided that the employer may, if he thinks sub-divide the (electoral constituency or constituencies, as the case may be), and direct that the workmen shall vote in either by groups, sections, shops or departments.
47. 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.
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Explanation- A workman who has put in a continuous service of not less than one year in two or more establishments belonging to the same employer shall be deemed to have satisfied the service qualification prescribed under this rule.
48. Qualifications For Voters.
All workmen who are not less than 18 years of age and who have put in not less than six months' continuous service in the establishment shall be entitled to vote in the election of the representative of workmen.
Explanation- A workman who has put in a continuous service of not less than six months in two or more establishments belonging to the same employer shall be deemed to have satisfied the service qualification prescribed under this rule.
49. 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 date which shall not be earlier than three days and later than fifteen days after the closing date for receiving nominations.
(3) The date 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 number 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 non-members.
(4) A copy of such notice shall be sent to the registered trade union or unions concerned.
50. 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 votes belonging to the group, section, shop or department the candidate seeking election will represent, and shall be delivered to the employer.
51. Scrutiny of nomination papers.
(1) On the day following the last day fixed for filing nomination papers, the nomination papers shall be scrutinised by the employer in the presence of the candidates and the attesting persons and these 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 in eligible for membership under rule 47, or (b) the requirements of rule 50 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.
52. candidates validly nominated.
Any candidate whose nomination for election has been accepted may withdraw his candidature within 48 hours of the completion of scrutiny of nomination paper.
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53. 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) If 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 elec- tion.
(5) Every workman entitled to vote at an electoral constituency shall have as many votes as there are seals to be filled in the constituency:
Provided that each voter shall be entitled to cast only one vote in favour of any one candidate.
54. Arrangement for Election.
The Employer shall be responsible for all arrangements in connection with the election.
55. Officers of the Committee.
(1) The Committee shall have among its office-bearers a Chairman, a Vice-Chairman, a Secretary and a Joint Secretary. The Secretary and the Joint Secretary shall be elected every year.
(2) The Chairman shall be nominated by the Employer from amongst the employer's representatives on the Committee and he shall, as far as possible, be the head of the establishment.
(3) The Vice-chairman shall be elected by the members on the Committee representing the workers from amongst themselves:
Provided that in the event of equality of votes in the election of the Vice-chairman, the matter shall be decided by draw of a lot.
(4) 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.
(5) Provided further that the representatives of the employer shall not take part in the election of the Secretary or Joint Secretary, as the case may be. from amongst the representatives of the workmen and only the representatives of the workmen shall be entitled to vote in such elections.
(6) In any election under sub-rule (4), in the event of equality of votes, the matter shall be decided by a draw of lot.
56. Term of Office.
(1) The term of office of the representatives on the committee other than a member chosen to fill a Casual Vacancy shall be two years.
(2) A member chosen to fill a 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.
57. Vacancies:
In the event of Workmen's representative ceasing to be a member under sub-rule (3) of rule 56 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 ~ 13 ~ the same category, group, section, class, shop or department to which the member vacating the seat belonged.
58. Power to Co-opt:
The Committee shall have the right to Co-opt in a Consultative Capacity persons employed in the establishment having particular special knowledge of a matter under discussion. Such Co-opted member shall not be entitled to Vote and shall be present at meetings only for the period during which particular question is before the Committee.
59. Meeting:
(1) The Committee may meet as often as necessary but not less than once in three months (a quarter).
(2) The Committee shall at its first meeting regulate its own procedure.
60. Facilities for meeting, etc.
(1) The employer shall provide accommodation for holding meetings of the Committee.
He shall also provide all necessary facilities to the Committee and to the members thereof for carrying out the work of 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.
(2) The Secretary of the Committee may, with the prior concurrence of the Chairman put up notice regarding the work of the Committee on the notice-board of the establish- ment.
61. Submission of returns.
The employer shall submit-hall-yearly returns in Form H in triplicate to the Labour Officer concerned not later than 20th day of the month following the half-year.
62. Dissolution of workers committee:
The State Government or where the power under section 3 has 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 he 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 State Government or, as the case may be, by such officer or authority, shall take steps to re-constitute the Committee in accordance with these rules.
PART- VIII MISCELLANEOUS
63. Memorandum of Settlement:
(1) A settlement arrived at in the course of conciliation proceedings or otherwise, shall be in Form-L
(2) The settlement shall be signed by:
(a) in the case of an employer, by the employer himself, by his authorised 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, by any officer of a trade union of the workmen or by five representatives of Work- men duly authorised in this behalf at a meeting of the work- men held for the purpose;
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(c) in the case of the Workman in an industrial dispute under section 2-A of the Act by the Workmen concerned.
Explanation In this rule "Officer" means any of the following officers, namely-
(a) the President:
(b) the Vice President:
(c) the Secretary (including the General Secretary);
(d) a Joint Secretary (including the Asstt. Secretary)
(e) any officer of the trade union authorised in this behalf jointly by the President and Secretary of the Union.
(3) Where a settlement is arrived at in the course of conciliation proceeding, the Conciliation Officer shall send a report thereof to the 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 State Government, Labour Commissioner. Deputy Labour Commissioner, Chief Labour Officer and Labour Officer of the area concerned,
64. Complaints regarding change of the conditions of service etc.
(1) Every complaint under Section 33 A of the Act shall be presented in triplicate in Form-1 and shall be accompanied by as many copies of the complaint as there are opposite parties to the complaint.
(2) Every complaint under sub-rule(1) shall be verified. at the foot by workmen making it or by some other person proved to the satisfaction of the Labour Court or Tribunal to be acquainted with the facts of the Case.
(3) The person verifying shall specify by references to the numbered paragraphs of the complaint what he verified of his own knowledge and what he verifies upon information received and believe to be true.
(4) The verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.
65. 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) or 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.
(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) subsection (2) of Section 33, shall present an application in Form 1. 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 by some other person proved to the satisfaction of the Conciliation Officer, Board, Labour Court or Tribunal to be acquainted with the facts of the case.
(4) The person verifying shall specify by reference to the numbered paragraphs of the application what the 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.
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66. 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 April 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 sub-section (4) of Section 33. recognise such workmen to be "Protected Work men for the purpose 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 work- men (for the period of twelve months) from the date of such communication.
(3) Where the total number of names received by the employer under sub-rule (1) exceeds the maximum number of protected workmen, admissible for the establishment under sub-section (4) of Section 33, the employer shall recognise as protected workmen 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 unions that the numbers of recognised protected workmen in individual unions bear roughly the same proportion to one another as the membership figures of the union. 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 under this sub-rule, falls short of the number of officers of the union seeking protection, the union shall be entitled 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 employers' letter.
(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 Labour Officer of the area concerned, whose decision thereon shall be final.