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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 3- Sub-section (i)

PUBLISHED BY AUTHORITY

No. 238] NEW DELHI, WEDNESDAY, SEPTEMBER 13, 1972/BHADRA 22, 1894

MINISTRY OF LABOUR AND REHABILITATION

(Department Of Labour and Employment)

NOTIFICATION

New Delhi, the 13th September 1972

G.S.R. 410(E).—Where certain draft rules further to amend the Industrial Disputes (Central) Rules, 1957, were published as required by sub-section (1) of section 38 of the Industrial Disputes Act, 1947 (14 of 1947), at pages 881 to 883 of the Gazette of India Extraordinary, Part II, Section 3, Sub-Section (i), dated the 13th July, 1972, under the notification of the Government of India in the Ministry of Labour and Rehabilitation (Department of Labour and Employ- ment), No. G.S.R. 340(E), dated the 13th July, 1972, inviting objections and suggestions from all persons likely to be affected thereby for a period of thirty days from the date of publication of the said notification in the Gazette;

And whereas the said Gazette was made available to the public on the 2nd August, 1972;

And whereas no objections and suggestions have been received from the public on the said draft;

( 1107 )

Now, therefore, in exercise of the powers conferred by section 38 of the said Act, the Central Government hereby makes the following rules further to amend the Industrial Disputes (Central) Rules, 1957, namely: —

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 work- man employed in hie Industrial establishment who has been in conti- nuous 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 give notice of such retrenchment as in Form P to the Central Government, the Regional Labour Commissioner (Central) and Assistant Labour Com- missioner (Central) and the Employment Exchange concerned and such notice shall be served on that Government, the Regional Labour Com- missioner (Central), the Assistant Labour Commissioner (Central), and the Employment Exchange concerned, by registered post in the follow- ing 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 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 Central Government, the Regional Labour Commissioner, (Central), the Assistant Labour Commissioner (Central), 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 Central Govern- ment the Regional Labour Commissioner (Central), the Assistant Labour Commis- sioner (Central), and the Employment Exchange concerned, within 3 days of the agreement.

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 Govern- ment, the Regional Labour Commisisoner (Central), the Assistant Labour Commissioner (Central), and the Employment Exchange concerned, by registered posts";

(H) in the Schedule —

(a) in Form P, in Annexe, after the entry "(2) 'Regional Labour Commissioner (Central), Zone." the following entry shall ba 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 day of 19

To

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

Sir.

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

Yours faithfully,

**

**(Here insert the position which the person who signs this letter holds with the employer 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 the office address of the Regional Labour Coirimlssloner (Central)/ Assistant Labour Commissioner (Central) and the Employment Exchange in the local area concerned.)".

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

S. S. SAHASRANAMAN, Under Secy.

PBTNTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY T H| MANAGER OF PUBLICATIONS, DELHI, 1 9 72