Subject NOT available

click here for IIIF manifest

REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 187] NEW DELHI, THURSDAY, JULY 13, 1972/ASADHA 22, 1894

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF LABOUR AND REHABILITATION

(Department of Labour and Employment)

NOTIFICATION

New Delhi, the 13th July 1972

G.S.R. 340(E) The following draft of certain rules further to amend the Indus- trial Disputes (Central) Rules, 1957, which the Central Government proposes to make, in exercise of the powers conferred by section 38 of the Industrial Disputes Act. 1947 (14 of 1947), is published, as required by sub-section (1) of the said section, for the information of all persons likely to be affected thereby; and notice is hereby given that any objections or suggestions received from any person with respect to the said draft before the expiry of 30 days from the date of publication thereof in the Gazette of India, will be considered by the Central Government.

Draft Rules

1. These rules may be called the Industrial Disputes (Central) Second Amendment Rules, 1972.

2. In the Industrial Disputes (Central) Rules, 1957,

(i) for rule 76, the following rule shall be substituted, namely:—

"76 Notice of retrenchment.—If any employer desires to retrench any workman employed in his industrial establishment who has been in continuous ser- vice for not less than one year under him (hereinafter referred to as 'work- man' in this rule and in rules 77 and 78), he shall give notice of such re- trenchment as in Form P to the Central Government/the Regional Labour

(881 )

Commissioner (Central), the Assistant Labour Commissioner (Central) and the Employment Exchange concerned and such notice shall be served on that Government, the Regional Labour Commissioner (Central), the Assistant Labour Commissioner (Central), and the Employment Exchanue 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 given to the workman and he is paid one month's wages in lieu thereof, notice of retrenchment shall be sent within three days from tha 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 Central Government, the Regional Labour Commissioner (Central), the Assistant Labour Commissioner (Central), and the Em- ployment 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 Central Government, the Regional Labour Commissioner (Central), the Assistant Labour Commisioner (Central), and the Employment Exchange concerned, within 3 days of the acreement.

76A. Notice of closure.—If an employer intends to close down an undertaking, he shall give notice of such closure in Form Q to the Central Government, the Regional Labour Commissioner (Central), the Assistant Labour Commis- sioner (Central) and the Employment Exchange concerned, by registered post;"

(ii) in the Schedule,—

(a) in Form P, in Annexe, after the entry "(2) Regional Labour Commissioner (Central), Zone." the followins entry shall be inserted, namely:—

"(3) Employment Officer, Employment Exchange,

(enter the full address of the Employment Exchange concerned).";

(b) After Form P, the following Form shall be inserted, namely:—

"Form Q

See Rule 76A

Form of notice of closure to be given by an employer under section 25FFA of the Industrial Disputes Act, 1947.

Name of employer Address Dated the

days of 19

To

The Secretary to the Government of India, Department of Labour and Employment, New Delhi.

Sir,

Under section 25FFA of the Industrial Disputes Act. 1947 (14 of 1947), I/we hereby (name of the inform you that I/we have deefded to close down undertaking) with effect from for the reasons explained in the an- nexurc The number of workmen whose services would be terminated on account of the closure of the undertaking is

(number of workmen).

Yours faithfully.

**(Hore insert the position which the person who signs this letter holds with tho em- ployer Issuing this letter).

ANNEXURE

Statement of reasons

Copy to:—

(1) The Regional Labour Commissioner (Central) * (2) The Assistant Labour Commissioner (Central) * (3) The Employment Exchange

'••

*(here enter Ihe office address of the Regional Labour Commissioner (Central)/ Assistant Labour Commissioner (Central) and (he Employment ExchanKe in ihe local area concorned)".

[No. F. S.65012/6/71-LR.L]

S. S. SAHASRANAMAN, Under Secy.

PKTNTirn BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PHESS, MINTO HOAD,

NEW DRT.HI AND PUBLISHED BY THE MANAGER OF PUBLICATIONS, DELHI, 1 9 72