(1) At least ten days before the date on which vacancies are to be filled in. employer shall arrange for the display on a notice board in a conspicuous place in the premises of the industrial establishment details of those vacancies and shall also give intimation of those vacancies by registered post to every one of all the retrenched workmen eligible to be considered therefore, to the address given by him at the time of appointment or retrenchment or at any time there- after:
Provided that where the number of such vacancies is less than the number of retrenched workmen, it shall be sufficient, if intimation is given by the employer individually to the senior most retrenched workmen in the list referred to in rule 87 the number of such senior most workmen being double the number of such vacancies:
Provided further that where the vacancy is of a duration of less than one month, there shall be no obligation on the employer to send intimation of such vacancy to individual retrenched workmen.
Provided also that if a retrenched workman, without sufficient being shown in writing to the employer, does not offer himself for re-employment on the date or dates specified in the intimation sent to him by the employer under this sub rule, the employer may not intimate to him the vacancies that may be filled on any subsequent occasion.
(2) Immediately after complying with the provisions of sub-rule (1), the employer shall also inform the trade unions connected with the industrial establishment of the number of vacancies to be filled and the names of the retrenched workman to whom intimation has been sent under that sub-rule:
Provided that the provision of this sub-rule need not be complied with by the employer in any case where intimation is sent to every one of the workmen mentioned in list prepared under rule 87.
89. Penalties.
Any breach of these rules shall be punishable with fine not exceeding fifty rupees.
90. Repeal and saving.
(1) The Industrial Disputes (Central) Rules, 1957 as in force in the State of Tripura is hereby repealed.
(2) Notwithstanding such repeal:- ~ 20 ~
(a) if immediately before the date on which the rules comes into force there is any appeal, application, inquiry, investigation or proceeding pending, then such appeal proceeding application, inquiry or investigation shall be disposed of continued or made, as the case may be, in accordance with the provisions of these rules:
(b) any notification published, notice issued, power conferred, form prescribed, consent given, application made. sanction accorded, order issued, under the Industrial Disputes (Central, Rules, 1957 shall be deemed respectively to have been published, issued, conferred, prescribed, given made, accorded, issued under the corresponding provisions of these rules.
By order of the Governor.
R. N. Chakraborty Secretary Government of Tripura, ~ 21 ~
SCHEDULE FORM- A (See Rule 3) Form of application for reference of an industrial dispute to a Board of Conciliation ** Court of Enquiry Under section 102) of the Industrial Disputes Act, 1947.
Tribunal Labour Court Whereas an industrial dispute is ** apprehenaces exists between .............. and ................. and it is expedient that the matters specified in the enclosed statement which are connected with or relevant the dispute the disputes investigation and statement should be referred for enquiry/investigation settlement/adjudication by a Board of Conciliation/a Court of Enquiry/a Labour Court/Tribunal an application is hereby made under sub-section (2) of section 10 of the Industrial Disputes Act. 1947 that the said ** matters/dispute should be referred to a Board of Conciliation/a Court of Enquiry/a Labour Court/a Tribunal.
*This application is made by the undersigned who have has been duly authorised to do so by virtue of a resolution (copy enclosed adopted by a majority of the members present at a meeting of the ........held on the......... 19.
A statement giving the particulars required under rule 3 of the Tripura Industrial Disputes Rules, 1981 is attached.
Dated, the..........................
Signature of employer ** or agent/Manager of or........................................
Principal Officer of the Corporation.
Signature of the President of the trade union **..............................................
Secretary of the trade union................................................................
or **Signature of five representatives duly authorised (Vide resolution enclosed....................................................................
or **Signature of the Workman or **Signature of the workman in the same establishment duly authorised (vide authorisation enclosed).................................................................
~ 22 ~ To The Secretary to the Government of Tripura.
Department of Labour.
Agartala.
Statement required under rule 3 of the Tripura Industrial Disputes Rules, 1981, to accompany the form of application prescribed under sub-section (2) of Section 10 of the Industrial Disputes Act, 1947.
(a) Parties to the dispute including the name and address of the establishment or undertaking involved.
(b) Specific matters in dispute.
(c) Total number of workmen employed in the undertaking affected..
(d) Estimated number of workmen affected or likely to be affected by the dispute.
(e) Efforts made by the parties themselves to adjust the dispute.
Copy to-
(1) Labour Commissioner, Government of Tripura. Labour Directorate, Agartala.
(2) The Deputy Labour Commissioner, Government of Tripura, Labour Directorate, Agartala,
(3) The Chief Labour Officer, Government of Tripura, Agartala,
(4) The Labour Officer, Government of Tripura, in the local area concerned.
**Delete whichever is not applicable.
*Where applicable.
FORM B (See Rule 6) Whereas an industrial has arisen between ......................................is apprehended ................................. and ............................. and it is expedient to refer the said dispute under Section 10 of the Industrial Disputes Act, 1917 to a Board of Conciliation for the purpose of investigating the same and for promoting a settlement thereof, you are hereby required to intimate to the undersigned not later than the........................... names and address(es) of one (two) person(s) whom you the wish to recommend for appointment as your representative(s) on the said Board.
If you fail to make the recommendation by the date specified above, the State Government will select and appoint such person(s) as it thinks fit to represent you.
Secretary to the Government of Tripura.
~ 23 ~ FORM- C (See Rule 7) (Under Sec. 10-A of the Industrial Disputes Act, 1947) Between Name of the Parties- Representing employers:
Representing workman/workmen :
It is hereby agreed between the parties to refer the following Industrial disputes to the arbitration of...............................(here specify the name(s) and address(es) of the arbitrator(s):
i) Specific matters in dispute.
ii) Details of the parties to the dispute including the name and address of the establishment or undertaking involved
(iii) Name of the workman in case he himself is involved in the dispute or the name of the Union if any representing the workman or workmen in question.
iv) Total number of workmen employed in undertaking affected.
(v) Estimated number of workmen affected or likely to be affected by the dispute.
** We further agree that the majority decisions...........................in case the arbitrators of the arbitrator(s) shall be binding on us are equally divided in their in case the arbitrators opinion that they shall appoint another person as umpire whose award shall be binding on us.
The Arbitrator(s) shall make his (their) award within a period of.........................here specify the period agreed upon by the parties) of publication of this in the Official Gazette by the State Government or within such further time as is extended by mutual agreement between us in meeting. In case the award is not made within the period aforementioned, the reference to Arbitration shall stand automatically cancelled and we shall be free to negotiate for fresh arbitration.
Witnesses:............................
Signature of the parties representing employer.................
1. *Workman representing
2. workman/workmen.
Copy:-
1. The Secretary, Government of Tripura, Labour Department, Agartala,
2. The Labour Commissioner, Government of Tripura. Agartala,
3. The Deputy Labour Commissioner, Government of Tripura. Agartala.
4. The Chief Labour Officer, Government of Tripura, Agartala. 5. The Labour Cicer, Government of Tripura (local area).
**Wherever applicable.
*Delete whichever is not applicable.
~ 24 ~ FORM- D (See Rule 21) Whereas an industrial dispute between............... and.............. has been referred to this Board of Conciliation for investigation and settlement Court of Enquiry for investigation Labour Court/Tribunal for adjudication ____________under Section 10 of the Industrial Disputes Act. 1917. you are hereby summoned to appear before the Boar Court/Labour Court/Tribunal in person on the........ day of......... at............. O clock in the..................... noon to answer all material questions relating to the said dispute and you are directed to produce on that day all the books papers and other documents and things in your possession or under your control in any way relating to the matter under investigation by this Board/Court/Labour Court/Tribunal.
Dated........... Chairman Secretary. Board of Conciliation Court of Enquiry Presiding Officer/Secretary, Labour Court Tribunal.
FORM- E (See Rule 38) Notice of change of service conditions proposed by an Employer.
Name of employer.......................
Address..............................................
Dated the............... day of ........19 In accordance with Section 9A of the Industrial Disputes Act, 1947. I/We hereby give notice to all concerned that it is my/our intention to effect the change/changes specified in the Annexure, with effect from...............in the conditions of service applicable to workmen in respect of the matters specifed in the Fourth Schedule to the said Act.
Signature....................................
Designation...............................
ANNEXURE (Here specify the change/changes intended to be effected) Copy forwarded to:-
(1) The Secretary of Registered Trade Union, if any,
(2) The Secretary, Labour Department, Government of Tripura, Agartala.
(3) Labour Commissioner. Government of Tripura, Labour Directorate, Agartala.
(4) Deputy Labour Commissioner, Government of Tripura, Labour Directorate, Agartala
(5) Chief Labour Officer. Government of Tripura. Agartala.
(6) Labour Officer, Government of Tripura, in the local area concerned.
~ 25 ~ FORM- F (See Rule 39) Before.......................................................................................................(here mention the authority concerned) Reference No....................................... of ................................ Workmen Versus .................................................................................... Employer.
In the matter of .................................... I/We hereby authorise Shri/Sarvasri........................ to represent me/us in the above matter.
Dated this...........................day of................................19 Signature of person(s) nominating the representative(s).
Address:
Accepted.
Signature of representative(s) Address:
FORM- G (See Rule 50) Form of Nomination Paper Name of Industrial Establishment Group/Section/ Shop/Department I nominate (here enter the name of the workmen's representative eligible for election) as a candidate for election to the Works Committee. He is eligible as a voter in the constituency for which he is nominated.
Signature of proposer.
I agree to the proposed nomination.
Signature of candidate Date............................. (To be signed by any two voters Attestted by (1)............................ belonging to the electoral constituency)
(2)............................
.
~ 26 ~ FORM- H (See Rule 61) Progress Report on constitution and functioning of Works Committee for the half-year ending the 30th June 31st December.........
1. Name and address of the establishment.
2. Name of the employer.
3. (a) Number of workmen employed.
(b) Name of Unions, if any.
(c) Affiliation of the Union(s) to the Central Organisations of workers.
4. If the works Committee has been functioning.
(a) Date of its constitution.
(b) Number of Workmen's representatives (Elected members).
(c) Number of employer's representatives (Nominated members).
(d) Number of meetings held during the half-year (with dates).
5. If the Works Committee had not been functioning, the difficulties encountered in its constitution/functioning
6. General remarks, if any.
Date.......
Place........
Signature of Employer or his representative.
*Strike out the portion not applicable.
FORM- I (See Rule 63) Form for Memorandum of Settlement.
Name of Parties- Representing employer(s):
Representing workmen :
Short recital of the case Terms of settlement.
Signature of the parties.
Witnesses:
(1).........................................
(2).........................................
*Signature of Conciliation Officer Board of Conciliation Copy to:-
1. The Secretary. Government of Tripura, Department of Labour. Agartala.
2. Labour Commissioner, Government of Tripura, Agartala.
3. Chief Labour Officer, Government of Tripura, Agartala.
4. Labour Officer, Government of Tripura of the area concerned.
*In the case of settlements affected by conciliation Officer/Board of conciliation.
**In case were settlements are arrived at between the employer and his workmen, otherwise then in the course of Conciliation proceedings.
~ 27 ~ FORM- J (See Rule 64) Labour Court............................................................................................................................................................
Before the Tribunal....................................... complaint under Section 33A of the Industrial Disputes Act, 1947.
A...............................................................................Complaint (s).
Address..................................................................
Versus B............................................................................... Opposite party (ies).
Address..................................................................
In the matter of Reference No.........................
The petitioner(s) begs/beg to complain that opposite party (ies) has/have been guilty of a contravention of the provisions of Section 33 of the Industrial Disputes Act, 1947 (14 of 1947) as shown below:
(Here set out briefly the particulars showing the manner in which the alleged contravention has taken place and the grounds on which the order or act of the Management is challenged.
The complaint(s) accordingly prays/pray that Labour Court ............................... may be pleased to decide the complaint set the Tribunal out above and pass such order or orders thereon as it may deem fit and proper.
The number of copies of the complaint and its annexure required under the 59 of the Tripura Industrial Disputes Rules, 1981, are submitted herewith.
Dated, this............day of Signature of complainant(s).
........................................19 Verification I do solemnly declare that what is stated in paragraphs.............................. above is true to my knowledge and that what is stated in paragraphs...................... above is stated upon information received and believed by me to be true. This verification is signed by me at.................
on day of............... 19 Signature or Thumb-impression of the person verifying.
~ 28 ~ FORM- K (See Rule 65) Before ................................. (here mention the Conciliation Officer, Board, Labour Court or Tribunal). Application for permission under sub-section(1) of sub-section (3) section 33 of the Industrial Disputes Act, 1947 (14 of 1947), in the matter of Reference No................................
A................................. Applicant.
Address.................................
Versus B.................................. Opposite Party(ies).
Address(es)......................................
The above mentioned applicant begs to state as follows:- (Here mention the action specified in clause (a) or clause (b) of sub-section (1) grounds on which the permission is sought for).
The applicant therefore prays that express permission may kindly be granted to him to take the following action namely:- (Here mention the action specified in clause(a) clause or (b) of sub-section (1) of Section 33). sub-section (3) Space for verification.
(Signature of the person verifying) Date (on which the verification was signed)....................................
Place (at which the verification was signed)...................................
FORM- L (See Rule 66) Before............................ (here mention the Conciliation Officer, Board. Labour Court, Tribunal), Application under sub-section (2) of Section 33 of the Industrial Disputes Act, 1917 (14 of 1947) in the matter of Reference No...................................
A................................... Applicant, Address.........................................
Versus B.......................................Opposite party(ies), Addresses......................................
The above mentioned applicant begs to state as Follows:- (here set out the relevant facts and circumstances of the case).
~ 29 ~ The workman/workmen discharged/dismissed under clause (b) of sub-section (2) of Section 33 has/have been paid wages for one month.
The applicant prays that the Conciliation Officer/Board, Labour Court/Tribunal may be pleased to approve of the action taken, namely:
(Here mention the action taken under clause(a) or clause (b) of sub-section (2) of Section 33).
Signature of the applicant.
Dated, this.................... day of................... 19 Space for verification Signature of the person verifying.
Date (on which the verification was signed)..........................
Place (at which the verification was signed)..........................
*Delete if not applicable.
FORM- M (See Rule 67(1)) Application under sub-section (1) of Section 83-C of the Industrial Disputes Act, 1947 To The Secretary to the Government of Tripura, Department of Labour. Agartala To The Chief Labour Officer, Government of Tripura Sir, I/We have to state that I am/we are entitled to receive from M/S ...............a sum of Rs.......
on account of............under the provisions of Chapter V-A of the Industrial Disputes Act, 1947/in terms the award dated the .................. given by..... in terms of the settlement dated the......................arrived at between the said M/S.....................and their workmen through..................the duly elected representatives.
I/We further state that I/we served the management with a demand notice by registered post on... for the said amount which the management has neither paid nor offered to pay to me/us even though a fortnight has since elapsed. The details of the amount have been mentioned in the Statement hereto annexed.
I/We request that the said sum may kindly be recovered from the management under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947 and paid to me/us as early as possible..
Signature of the applicant(s) Address(es) Station................
Date.....................
1....................................
2....................................
3....................................
4....................................
ANNEXURE (Here indicate the details of the amount(s) claimed) ~ 30 ~ FORM- N (See Rule 67(1)) Application by a person authorised by a workmen or by the assignees or heir of a deceased workman under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947.
To The Secretary to the Government of Tripura.
Labour Department, Agartala, To The Chief Labour Officer.
Government of Tripura.
Sir, I *Shri/Shrimati/Kumari................................................................................................ have to state that *Shri/Shrimati/Kumari..................................................................... is/was entitled to receive from M/S................................ a sum of Rs...........on account of .................. under the provision of Chapter V-A of the Industrial Disputes Act. 1947/in terms of the award dated the ............. given by .................../ in terms of the settlement dated the................ arrived at between the said M/S...................... and their workmen through ................................ the duly elected representatives.
I further state that I served the management with a demand notice by registered post on ......................... the said amount which the management has neither paid nor .................... for offered to pay to me even though a fortnight has since elapsed. The details of the amount have been mentioned in the statement hereto annexed.
I request that the said sum may kindly be recovered from the management under subsection (1) of Section 33-C of the Industrial Disputes Act, 1947 and paid to me as early as possible.
*I have been duly authorised in writing by.................. (here insert the name of the workman) to make this application and to receive the payment of the aforesaid amount due to him.
*I am the assignee /heir of the deceased workman and am entitled to receive the payment of the aforesaid amount due to him.
Signature of the applicant Station...........................
Date................................
Address:..............................................
ANNEXURE (Here indicate the details of the amount claimed) *Strike out the portion inapplicable.
~ 31 ~ FORM- O (See Rule 67(2)) Application under sub-section (2) of Section 33-C of the Industrial Disputes Act, 1947.
Before the State Government Labour Court at......................................
Between
(1) Name of the applicant(s).
(2) Name of the employer.
The petitioner........................ a workman, of M/S...................................
The petitioners undersigned, a workmen .................................is/are entitled to receive from the said M/S..................... the money/benefits mentioned in the statement here to annexed.
It is prayed that the Court be pleased to determine the amount/amounts due to the petitioner(s).
Signature or thumb-impression(s) of the applicant(s).
Address(es)...................................................
Station........................
Date.............................
1.
2.
3.
4.
ANNEXURE (Here set out the details of the money due or the benefits. accrued together with the case for their admissibility).
FORM- P (See Rule 76) Form of notice of strike to be given by Union/workmen in a public utility service.
Name of Union......................................................................
Name of five elected representatives of workmen Address......................................................................................
Dated, the................................... day of............................19 To (The name of the employer) Dear Sir/Sirs, In accordance with the provisions contained in sub section (1) of Section 22 of the Industrial Disputes Act, 1947, I/we hereby give you notice that I propose to call a strike we propose to go on strike on.........................19 for the reasons explained in the Annexure.
Yours faithfully, Secretary of the Union Five representatives of the workmen duly elected at a meeting held on............................ (date), vide resolution attached.
~ 32 ~ ANNEXURE Statement of the case Copy to:-
1. The Secretary, Government of Tripura, Department of Labour, Agartala.
2 The Labour Commissioner. Government of Tripura, Agartala,
3. The Chief Labour Officer, Government of Tripura.
4. The Labour Officer Government of Tripura of the local area concerned.
FORM-Q (See Rule 77) Form of notice of lock-out to be given by an employer carrying on a public utility service.
Name of employer.....................................
Address...........................................................
Dated the.................... day of .................19 In accordance with the provisions of sub-section (2) of Section 22 of the Industrial Disputes Act, 1917, I/we hereby give notice to all concerned that it is my/our intention to effect a lock-out, in ............................... department(s) section(s) of my/our establishment with effect from...................... for the reasons explained in the annexe, Signature...................................................
Designation..............................................
ANNEXE Statement of reasons.
Copy forwarded to:-
(1) The Secretary, Government of Tripura, Department of Labour, Agartala,
(2) The Deputy Labour Commissioner, Government of Tripura, Agartala.
(3) The Chief Labour Officer, Government of Tripura.
(4) The Labour Officer. Government of Tripura.
(5) The Secretary of the Registered Union, if any.
~ 33 ~ FORM- R (See Rule 78) Form of Report of Strike or Lock-out in public utility service.
Information to be supplied in this form immediately on the occurrence of a Strike or lock-out in a public utility service to the Labour Officer, Government of Tripura (for the local area concerned) under and Name of under taking Stati on and Distr ict Norm al worki ng streng th Number of workers involved.
Strike or Locko ut Date of comme ncemen t of Strike or Lockout Caus e Was notice of strike or lockout riven: if so on what date and for Is there any permanent agency or agreement in the undertakin g for the settlement of disputes between the employer and workmen.
If any, exist, particulars thereof.
Any other informatio n Dir ectl y Indir ectly 1 2 3 4 5 6 7 8 9 10 11 Notes. Column (3): Give the average number of work- men employed during the month previous to the day on which the strike or lock-out occurred. While reckoning the averages, omit the days on which the attendance was not nor mal for reasons other than individual reasons of particular workmen. Thus days on which strike or lock-out occurs or communal holiday is enjoyed by a large section of workers should be omitted.
Column (4):If, say 200 workers in a factory strike work and in consequence the whole factory employing 1.000 workers has to be closed than 200 should be shown under "directly" and the remaining under "indirectly". If the strike of 200 workers does not effect the working of the other department of the factory, the number of workers involved would only be 200; which figure should appear under "directly and column "indirectly" would be blank.
Column (8): Give the main cause of the dispute as well as the immediate cause that led to the strike or lock-out.
~ 34 ~ FORM-S (See Rule 80) Register-- Part I Serial No. Industry Parties to settlement Date of settlement Remarks* *Whether the settlement was effected at the investigation of the conciliation machinery or by mutual negotiation between the parties, may be indicated here.
PART- II Should contain one copy each of the settlements in the serial order indicated in part I.
FORM T (See Rule 81) To The Labour Commissioner.
Government of Tripura, Labour Directorate.
Agartala.
(here specify the region concerned) Sir, I/we hereby inform you that under rule 81 of the Tripura Industrial Disputes Rules 1981, I/we have laid off................. out of a total of....................... workmen employed in the establishment with effect from ** ....................... for the reasons explained in the Annexure.
2. Such of the workmen concerned as are entitled to compensation under Section 25-C of the Industrial Disputes Act, 1947 will be paid compensation due to them.
Yours faithfully, .....................................*** Copy forwarded to the Labour Officer. Government of Tripura of the local area concerned.
ANNEXURE Statement of Reasons ~ 35 ~ FORM- U (See Rule 81) To The Labour Commissioner.
Labour Directorate, Sir, As required by rule 81 of the Tripura Industrial Disputes. Rules, 1961, and in continuation of my/our notice, dated* *Here insert the number of workmen.
**Here insert the date.
***Here insert the position which the person who signs the letter holds with employer issuing the letter.
................................in Form T. I/we hereby inform you that the lay off in my/our establishment has ended on *......................................
Yours faithfully.
.................................. ** *Here insert the date **Here insert the position which the person who signs the letter holds with the employer issuing the letter..
FORM- V (See Rule 82) Form of application for permission to lay-off to continue the lay-off of workmen in industrial establishments to which provisions of Chapter VB of the Industrial Disputes. Act, 1947 (14 of 1947) apply.
To ..................................
..................................
(The authority specified under sub-section (1) of Section 25M).
Sir, Under sub-section (1)/sub section (2) of Section 25M of the Industrial Disputes Act, 1917 (14 of 1947) read with sub-rule (1) of rule 82 of the Industrial Disputes Rules 1981 I/we hereby apply for permission to lay-off/permission to continue the layoff............. of workmen of a total of................ workmen employed in my/our establishment with effect from.................. for the reasons set out in the annexure.
Permission is solicited for the lay-off/to continue the lay-off of the said workmen. Such of the workmen permitted to be laid off will be paid such compensation, if any, to which they are entitled sub-section (6) of Section 25M, read with Section 25C the Industrial Disputes Act, 1947 (14 of 1947).
Yours faithfully, (SIGNATURE) *Strike out whatever is inapplicable.
(Please give replies against each item) ~ 36 ~ Item No.
1. Name of the undertaking with complete postal address. including telegraphic addresses and telephone number.
2. Status of undertaking-
(i) Whether Central public sector/ State public sector/foreign majority company/Joint sector etc.
(ii) If belongs to large industrial house, please indicate the controlling group; and if a foreign majority company, indicate the extent of foreign holdings.
(iii) Whether the undertaking is licenced/ registered and if so, name of licensing/registration authority and licence/registration Certificate numbers
3. (a)* Names and addresses of the affected workmen proposed to be laid-off names and addresses of the workmen laid off before the commencement of the Industrial Disputes (Amendment) Act, 1976 (32 of 1976) and the dates which each of them had been laid off
(b) The nature of the duties of the workmen referred to in sub-item (a), the units/ sections/shops where they are or were working and the wages drawn by them.
4. Items of manufacture and scheduled industry/ industries under which they fall.
5. Details relating to installed capacity licenced capacity and utilised capacity,
6. (i)Annual production, item wise for proceeding three years.
(ii) Production figures, month wise for the preceding twelve months.
7. Work in progress, item-wise and value-wise,
8. Any arrangements regarding off-loading or sub contracting of products or any components thereof.
9. Position of the order book. item-wise and value wise for a period of six months, and one year next following, and for the period after the expiry of the said one year.
10. Number of working days in a week with the number or shifts per day and the strength of workmen per each shifts.
11. Balance sheets, profit and loss accounts and audit reports for the last three years.
12. Financial position of the company.
13. Names of the inter-connected companies under the same management.
14 (i) The total number of workmen category wise and the number of employers other than workmen as defined under the Industrial Disputes Act, 1947 (14 of 1917). employed in the undertaking
(ii) Percentage of wages of workmen to the total cost of production.
15. Administrative, general and selling cost in absolute terms per year in the last three years and percentage thereof to the total cost.
16. Details of lay-offs resorted to in the last three years (other than the lay-off for which permission is sought), including the periods of such lay-offs, the number ol workmen involved in each such lay-off and the reasons therefor.
17. Savings due to the *proposed lay-off/lay-off for the continuance of which permission is sought.
18. Any proposal for effecting savings on account of reduction in-
(i) managerial remuneration.
(ii) sales promotion cost, and
(iii) general administration expenses.
19. Position of stocks on last day of each of the months in the preceeding twelve months.
20. Annual sales figures for the last three years and month wise sales figures for the preceding twelve months, both item wise and value wise.
21. for the proposed lay-off/ lay-off for the continuance of which permission is sought.
22. Any specific attempts made so far to avoid the proposed lay-off/ lay-off for the continuance of which permission is sought.
23. Any other relevant factors with details thereof. (Strike out whatever is inapplicable) ~ 37 ~ FORM- W (See Rule 83) Form of notice of retrenchment to be given by an employer under clause (c) of Section 25F of the Indus trial Disputes Act, 1947.
Name of employer Address Dated the ....................day of...................19 To The Secretary.
Government of Tripura. Labour Department.
Agartala Sir, Under clause (c) of Section 25-F of the Industrial Disputes Act, 1947 (14 of 1947), I/we hereby inform you that I/ we have decided to retrench 1................... Workmen with effect from
2................. for the reasons explained in the annexure.
2. The workmen concerned were given on the 4.............................. 19, one month's notice in writing as required under clause (a) of Section 25-F of the Act. Retrenchment is being effected in pursuance of an agreement, a copy of which is enclosed. The workmen were given on the 5.......
19 one month's pay in lieu of notice, as required under clause (a) of Section 25-F of the Act.
3. The total number of workmen employed in the industrial establishment is 6............. and the total number of those who will be affected by the retrenchment is given below:
Category and designation of workmen to be retrenched Number of workmen Employed To be retrenched
(1) (2) (3)
4. I/we hereby declare that the workman/workmen concerned has/have been/will be paid compensation due to them under Section 25F of the Act, on 7......... the expiry of the notice period.
Yours faithfully ................................ 8 Statement of reasons Copy to:-
1. The Labour Commissioner/Chief Labour Officer, Government of Tripura, Agartala.
2. The Labour Officer, Government of Tripura, (in area concerned).
3. Employment Officer, Employment Exchange, Government of Tripura (enter the full address of the Employment Exchange concerned).
1. Here insert the number of workmen.
2. Here insert the date.
3. Delete the portion which is not applicable.
4. Here insert the date.
5. Here insert the date.
6. Here insert the total number of workmen employed in the industrial estate.
7. Here insert the position which the person who signs this letter holds with the employer issuing the letter.
8. Here insert the position which the person who signs this letter holds with the employer issuing the letter.
~ 38 ~ FORM- X (See rule 84) Form of notice for permission for retrenchment of workmen to be given by an employer under CLAUSE (c) of sub-section (1) of Section 25N of the Industrial Disputes Act, 1947 (14 of 1947).
Date- To ...........................................
...........................................
Sir, Under clause (c) of sub-section (1) of Section 25N of the Industrial Disputes Act, 1947 (14 of 1947), I/We hereby inform you that *I/We propose to retrench................... workmen (being workmen to whom sub-section (1) Section 25N applies) with effect from................... for the reasons set out in the Annexure.
2. The workmen concerned have been given notice in writing as required under clause
(a) of sub-section (1) of Section 25N............... /have not been given notice since the retrenchment is........................ under an agreement (copy of which is enclosed) as provided in the provision to the said clause.
3. The total number of workmen employed in the industrial establishment is............ and the total number of those who will be affected by the proposed retrenchment is given below:- 1 (Category and designation of workmen to be retrenched) Number of workmen (Employed) (to be retrenched)
(1) (2) (3)
4. Permission is solicited for the proposed retrenchment under clause (c) of sub-section
(1) of section 25N.
5. I/We hereby declare that the Workmen permitted to be retrenched will be paid compensation due to them under clause (b) of sub-section (1) of section 25N of the Act.
Yours faithfully (Signature) *Strike out whatever is inapplicable..
ANNEXURE (Please give replies against each item) Item No.
1. Name of the undertaking with complete postal address, including telegraphic address and telephone number.
2. Status of undertaking
(i) Whether Central public sector/ State public sector/Foreign Majority company/joint sector etc.
(ii) It belongs to large industrial house, please indicate the con- trolling group: and if a foreign majority company, indicate the extend of foreign holdings.
(iii) Whether the undertaking is licenced/ registered and if so, name of licencing/registration authority and licence/registration certificate numbers.
3. Names and addresses of the workmen proposed to be retrenched and the nature of their duties, the units/ sections/shops where they are working and the wages drawn by them.
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4. Items of manufacture and scheduled industry/ industries under which they fall.
5. Details relating to installed capacity, licenced capacity and the utilised capacity.
6. (i) Annual production, item-wise for preceding three years.
(ii) Production figures month-wise for the preceding twelve months.
7. Work in progress-item-wise and value-wise.
8. Any arrangement regarding off-loading or sub-contracting of products or any components thereof.
9. Position of the order book item wise and value-wise for a period of six months, and one year next following, and for the period after the expiry of the said one year.
10. Number working days in week with number shifts per day and strength of workmen per each shift.
11. Balance Sheet: profit and loss account and audit reports for the last three years.
12. Financial position of company.
13. Names of inter-connected companies or companies under the same management.
14. (i) The total number of workmen (category wise) and the number of employees other than workmen as defined in the Industrial Disputes Act, 1947 (14 of 1947), employed in the undertaking.
(ii) Percentage of wages of workmen to the total cost of production.
15. Administrative, general and selling cost in absolute terms per year for the last three years and percentage thereof to the total cost.
16. Details of retrenchment resorted to in the last three years, including dates of retrenchment, the number of workmen involved in eac