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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 64] NEW DELHI, FRIDAY, FEBRUARY 20, 1976/PHALGUNA 1, 1897

Separate paging is given to this Part in order that it may be filed as a separate compilation.

MINISTRY OF LABOUR

NOTIFICATION

New Delhi, the 20th February 1976

G.S.R. 91(E).—The following draft of certain rules further to amend the Industrial Disputes (Central) Rules, 1957, which the Central Government proposes to make in exer- cise of the powers conferred by sub-section (1) of section 38 of the Industrial Disputes Act, 1947 (14 of 1947) is hereby published as required by that sub-section for the inform- ation of all persons likely to be affected thereby; and notice is hereby given that the said draft will be taken into consideration on or after the expiry of a period of ten days from the date of publication of this notification in the Official Gazette;

Any objections or suggestions which may be received from any person in respect of the said draft before the expiry of the period so specified will be considered by the Central Government.

DRAFT RULES

1. These rules may be called the Industrial Disputes (Central) Amendment Rules, 1976.

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

(a) after rule 75A, the following rule shall be inserted, namely;—

"75B. Application for permission to lay off under section 25M.—(1) Application for permission to lay-off any workman under sub-section (1), or for per- mission to continue a lay-off under sub-section (2), of section 25M shall be made in Form O-3 and delivered to the authority specified under sub-

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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 be the date on which the application was made, for th© 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 appli- cation 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, so as to enable the authority to communicate the permission or refusal to grant permission within the period specified in sub-section (4) of section 25M.

(4) Where the permission to lay-off has been granted by the said authority, the employer concerned shall give to the Regional Labour Commissioner (Central) concerned, a notice of commencement and termination of such lay-off in Form O-l and 0-2 respectively and where permission to continue a lay-off has been granted by the said authority, the employer shall give to the Regional Labour Commissioner (Central) concerned, a notice of commencement of such lay-off in Form O-l, in case such a notice has not already been given under sub-rule (1) of rule 75A, and a notice of termi- nation 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.";

(b) rule 76A shall be re-numbered as rule 76B and—

(i) before rule 76B as so re-numbered, the following rule shall be inserted,

namely:—

"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 Form PA and served on the Central 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 served by registered post, the date on which the same was delivered to the Central Government or the authority shall b" 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 W section 25N shall be made in Form PB (with attested copy of the> iiotm given by the employer under clause (a) of section 25F appended thereto) £nd delivered to the Central Government or to such authority as may he specified by that Government cither personally or by registered post Acknowledgement due and where the application is sent byw* tered post thd date on which the same was delivered to the Central Government or the authority shall be deemed to be t h e / a te on whch the application was made for the purposes of sub-sect.on (5) of the- said section.

(3) The notice or as the case may be, the application shall be served or made (3) m e ^ ™ "o s u f f i c i c nt n u m b er of C 0 Pies of the application for sei-

vic" on the workmen concerned shall be submitted along with the notice or, as the case may be, the application.

Ut The employer concerned shall furnish to the Central Government or the {) authority' t o ^ h om the notice for retrenchment has been given or the

a° the case may be, sub-section (5) of the said sectioa 25N. .

(ii) after rule 76B as so renumbered thfc following rule shall be Inserted, namely:—

"76C. Notice of, and application for permission for, closure.—(1) Notice under sub-section (1) of section 25-O of intended closure shall be given in Form QA and served on the Central Government either personally or by registered post acknowledgement due.

(2) Application for permission to close down an undertaking, under sub-section (3) of section 25-O, shall be made in Form QB (with attested copy of the notice served by the employer under sub-section (1) of section 2JFFA appended thereto) and delivered to the Central 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 the Central 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 Central Government to whom the notice of intended closure has been given or the application for permission to close down has been made such further information as that Government considers necessary, for arriving at a decision on the notice, or, as the case may be, the application, and calls for from such employer.";

(c) after Form 0-2, the following form shall be inserted, namely:—

"FORM O-3 (To be submitted in triplicate with additional number of copies for service on the workmen concerned).

[See rule 75B(1)]

Form of application for permission to lay-off 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 of the Act].

Su\

Under *sub-section (l)/sub-section (2) of section 25M of Industrial Disputes Act, 1947 (14 of 1947) read with sub-rule (1) of rule 75B of the Industrial Disputes (Central) Rules, 1957 I/we hereby apply for* permission to lay-off/permission to continue tho lay-off 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 he is entitled under sub-section (6) of section 25M, read with section 25C, of the industrial Disputes Act, 1947 (14 of 1947).

Yours faithfully,

(Signature)

•Strike out whatever i" Inapplicable.

ANNEXURE

(Please give replies against each item)

item No.

1. Name of the undertaking with complete postal address, including telegraphic addresses and telephone number.

2. (a) *Names and addresses of the affected workmen proposed to be laid-ofl/names and addresses of the -workmen laid off before the commencement of the Industrial Disputes (Amendment) Act, 1976 (32 oi 1976) and the dates from which each of them have been laid off. (b) The nature of the duties of th,e workmen referred to in sub-item (a), t'no units/scctions/shops where they arc working and the wages drawn by them.

3. Product/products of the undertaking,

4. Details rel'ating to installed capacity, licenced capacity

and utilised capacity.

5. (i) Annual production, item-wise for preceding three

years. (ii) Production figures, month-wise, for the preceding twelve months.

6. Work-in-progress, item-wise and value-wise.

7. Any arrangements regarding off-loading or sub-con- tracting of products or any components thereof.

S. Position of the order book, item-wise and value-wise for a period of six months, and one year, next follow- ing and for the period 'after the expiry of the said one year.

9. Number of working days in a week with the number of shifts per day and the strength of workmen per each shift.

10. Balance-sheets, profit and loss accounts and audit

reports for the last three years.

11. Financial position of the company.

12. Names of tiie inter-connected companies Or com-

p&nies under the same management.

13. (i) The total number of workmen and the number of employees other than workmen as defined under the Industrial Disputes Act, 1947 (14 of 1947), employed in the undertaking.

(ii) Percentage of wages of workmen to the total cost of production.

14. Administrative, general and selling cost in absolute terms per year in the last three years and percentage thereof to the total cost.

15. Details of ray-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 of workmen involved in each such lay-off and the reasons therefor.

*Strike out whatever is inapplicable

16. Anticipated savings due to the "proposed lay-off/lay- off for the continuance of which permission is sought.

17. Any proposal for effecting savings on account of

reduction ta—•

(i) managerial remuneration, (ii) tfaies promotion cost, and (iii) general administration expenses.

18. Position of stocks on last day of the month in the

preceding twelve months.

19. Annual sales figures for the last three years and monthwise sales figures for fne preceding twelve months, both items-wise and value-wise.

20. Reasons for the ^proposed lay-off/lay-off for the

continuance of which permission is sought.

21. Any specific attempts made so far to avoid the •proposed lay-off/lay-off for the continuance of which permission is sought.

22. Any orher relevant factors with details thereof.";

(d) after Form P, the following forms shall be inserted, namely:—

"FORM PA (To be made in triplicate with additional number of copies for ser- vice on the workmen concerned).

[See rule 76A(1>]

•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

*(The Central Government/authority specified under clause (c) of sub-section (1) of section 25N of the Act). Sir,

Under clause (c) of sub-section (1) of section 25N of the Industrial Disputes Act, 1947 <14 of 1947), I/We hereby inform yoo that I/We propose to retrench workmen (being •workmen to whom sub-section (1) of section 25N applies) with effect from

for the reasons set out in the Annexure.

2. The workmen concerned* havc been notice in working as required under clause ta) of sub-section (1) of section 25N of the Act/have not been given notice since the retrenchment being proposed to be effected under an agreement (a copy of which is en- closed) as provided in the proviso 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 tho proposed retrenchment is as given, below:—

Number of workmen

(Employed) (to be retrenched) T (Category and designation of workmen to be retrenched)

(2) (3)

(1)

'Strike "out whatever is inapplicable.

4. Permission is solicited for the proposed retrenchment, under clause (c) of sub-sectioni (1) of section 25N of the Industrial Disputes Act, 1947 (14 of 1947).

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 23N of the ACL.

Yours faithfully,

(Signature)

ANNEXURE

(Please give replies against each item)

Item No.

1. Name of the undertaking with complete postal address, including telegraphic addresses and telephone number.

2. 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 wage* drawn by them.

3. Product/products of the undertaking.

4. Details relating to installed capacity, licensed capacity

and the utilised capacity.

5. (i) Annual production, item-wise for preceding three

years.

(ii) Production figures month-wise for the preceding- twelve monlhs.

6. Work in progress-item-wise and value-wise.

7. Any arrangement regarding off-loading or suti-con-

tracting of products or any components thereof.

8. Position of the order book-item-wise and value wise for a period of six months, and one year, next follow- ing and for the period after the expiry of rhc said one ye'ar.

9. Number of working days in a week with number ot shifts per day and strength of workmen psr each shift.

10. Balance Sheet; profit and loss account and audit

reports for the last three years.

11. Financial position of the company.

12. Names of the inter-connected companies or companies

under the same management.

13. (i) The total number of workmen and the number of employees other than workmen as defined in tbs industrial Disputes Act, 1947 (14 of 1947), employed in the undertaking.

(ii) Percentage of wages of workmen to the total cost of production.

14. Administrative general and selling cost in absolute terms per year for the last three years and percentage thereof to the total cost.

15. Derails of retrenchment resorted to in the last three years, including dates of retrenchment, the number of workmen involved jn each case, and the reasons there- for.

16. Has any of the retrenched workmen been given un-

employment and if so, when? Give details.

17. Are seniority lists maintained in respect of the cate- gories of workmen proposed to be retrenched and if so, the details and the position of the workmen affect- ed indicating their lengt'n of service including broken periods of service?

18. Anticipated savings due to the proposed retrenchment. 19. Any proposal for effecting savings on account of

reduction In— (i) managerial remuneration, (ii) sales promotion cost, and (hi) general administration expenses,

20. Position of stock on the last day of the month in the

preceding twelve months.

21. Annual sales figures for the last three years and month-wise sales figuresJor the preceding twelve months borh item-wise and value-wise.

22. Reasons for the proposed retrenchment. -23. Any specific 'attempt made so far to avoid the propos-

ed retrenchment.

24. Any other relevant factors with details thereof.

FORM PB (TO be made in triplicate with additional number of copies for service on the workmen concerned).

LSee rule 76A(2)]

JForm to publication for permission for retrenchment of workmen in cases where at the

'commencement of the Industrial Disputes (Amendment) Act, 1976 (Act 32 of 1976), the

period of notice given under clause (a) of section 25F for the retrenchment has not expired.

Date

To

(The Central Government authority referred to in sub-section (2) of section 25N of the Act).

"Sir,

I/We have given notice on under clause (a) of section 25F for the retrenchment of the workman/workmen specified below (Attested copy/copies of the notice is/are appended hereto):—

Category and designation "Name and addresses of workmen

(2)

(1)

2. The period of notice referred to above has not expired.

3. I/We hereby solicit, permission for the retrenchment of the workmen referred to •above under sub-section (4) of section 25N of the Industrial Disputes Act, 1947 (14 of 1947) for the reason* set out in the Annexure*

Yours faithfully,

[ (Signature)

ANNEXURE

(Please give replies against each item)

Item No.

1. Name of the undertaking with complete postal address, including telegraphic addresses and telephone number.

2. (a) Names of the workmen proposed to be retrenched and the nature of their duties, the unils/sections/shops where they arc working and the Wages drawn by them.

(b) Date of the notice of retrenchment given to the workman concerned under section 2JF(a) and the dates on which the said notice was served on each workman concerned.

3. Product/products of the undertaking.

4. Details relating to installed capacity, licensed capacity

and the utilised capacity.

5. (i) Annual production, item-wise for preceding three

years. (ii) Production figures month-wise for the preceding twelve months.

6. Work in progress—item-wise and value-wise.

7. Any arrangement regarding off-loading or sub-con-

tracting of products or any components thereof.

8. Position of the order book—item-wise and value-wise for a period of six months, and one year, next follow- ing and for the period after the expiry of the said one year.

9. Number of working days in a week with number of shifts per day and strength of workmen per each shift.

10. Balance Sheet; profit and loss account and audit

reports for the last three years.

11. Financial position of the company.

12. Names of the inter-connected companies or companies

under the same management.

13. (i) The total number of workmen and the number of employees other t'nan 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.

14. Administrative, general and selling cost in absolute terms per year for the last three years and percentage thereof to the total cost.

15. Details of retrenchment resorted to in the last three years, including the dates of retrenchment, the number of workmen involved in each case and the reasons therefor.

16. Has any of the retrenched workmen been given re-

employment and if so, when? Give details.

17. Are seniority lists maintained in respect of the cate- gories of workmen proposed to be retrenched and if so, the details and the position of the workmen affect- ed indicating their length of service including broken periods of service?

18. Anticipated savings due to the proposed retrenchment.

19. Any proposal for effecting Savings on account of

reduction in— (i) managerial remuneration;

(ii) sales promotion cost; and

(iii) general administration expenses,

20. Position of stock on tfie last day of the month in the

preceding twelve months.

21. Annual sales figures for the last three years and month-wise sales figures for the preceding twelve months—both item-wise and value wise.

22. Reasons for the proposed retrenchment,

23. Any specific attempt made so far to avoid the pro-

posed retrenchment.

24. Any other relevant factors with details Thereof.";

(e) after Form Q, the following forms shall be inserted, namely:

"FORM QA (to be submitted in triplicate).

[See rule 76C(1)]

Form of notice for permission of closure to be given by an employer under sub-section ( 1 J-

of Section 25-O of the Industrial Disputes Act, 1947 ( 14 of 1947),

Date 1 —

To

The Secretary to the Government of India, Ministry of Labour, New Delhi.

Sir,

Under section 25-O of the Industrial Disputes Act, 1947 (14 of 1947), I/We hereby inform you that I/We propose to close down the undertaking specified below of (name of the industrial establishment).

(Give details of the undertaking)

with effect from , for the reasons explained In the Annexure.

2. The number of workmen whose services will be terminated on account of the closure of the undertaking is (number of workmen).

3. Permission is solicited for the proposed closure.

4. I/we hereby declare that in the event of approval for the closure being granted, every workmen in the undertaking to whom sub-section (7) of the said section 25-0 ap- plies will be given notice and paid compensation as specified in section 25N of the Indus- trial Disputes Act, 1947 (14 of 1947) as if the workman hud been retrenched under that" section.

Yours faithfully,

(Signature)

ANNEXURE

(Please give replies against each item)

Item No.

1. Name of the industrial establishment with complete postal address, including telegraphic addresses and telephone number.

2. The total number 'and categories of workmen affected by the proposed closure, along with the addresses of the workmen and the details of wages drawn by them.

3. Product/products of the undertaking. 4. Details relating to licensed capacity, installed capacity

and the utilised capacity.

5. (i) Annual production item-wise for preceding three

years.

(ii) Production figures month-wise for the preceding twelve months.

6. Work in progress—item-wise and value-wise. 7. Any arrangement regarding off-loading or sub-con-

tracting of products or any component thereof.

8. Details of persons or the organisations to whom the jotys) is (are) being entrusted-relationship/interest of the persons/organisations with the director(s) ot the offlcer(s) of the company.

9. Position of the order book-itemwise and value-wise for a period of six months, and one year, next follow- ing and for the period 'after the expiry of the said one year.

10. Number of working days in a week, with the number of shifts per day and the strength of workmen per each shift.

11. Balance sheet and profit and loss account and audit

reports for the last three years. 12. Financial position of the company. 13. (i) Names of 'any interconnected company or com-

panies under the same management. (ii) Details about inter-corporate investments and changes during the last one year.

(iii) Interest of any of the directors/officers of the undertaking producing same or similar type of pro- duct.

14. 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. Inventory position-itemwis: and value-wise for the preceding twelve months (Inventories to be shown in respect of finished products, components and raw- materials to be shown separately itemwise and value- wise) .

17. Selling arrangement for the last three years and any change in the selling arrangement in preceding twelve months.

18. Full details of the interests of the directors and officers of the companv in the organisations/persons involved in selling products of the undertaking.

"19. Buying arrangements for raw materials and com-

ponents.

20. Interests of the directors and officers with the organi- Sations/pqrsons involved in buying raw materials and components for the undertaking.

21. Annual sales figures for the last three years and monthwise sales figures for the preceding twelve months both itemwise and value-wise.

22. Reasons for the proposed closure. 23. Any specific attempts made so far to avoid the

closure,

24. Any other relevant factors with details thereof."

FORM QB (TO be submitted in triplicate).

[See rule 76B(2)]

Form of application for permission to close down an undertaking In cases where at the

commencement of the Industrial Disputes {Amendment) Act, 1976 {Act 32 of 1976),

ihe period of notice given under sub-ieclicn (1) of section 25FFA of Intention to close

down an undertaking has not expired.

To

Date.

The Secretary to the Government of India, Ministry of Labour, New Delhi.

Sir,

I/We have given notice on under sub-section (1) of section 25FFA of our intention to close down an undertaking specified below of

(name of industrial establishment)

(Attested copy of the notice is appended hereto).

(Give details of the undertaking)

2. The period of notice referred to above has not expired. 3. I/We hereby solicit permission to close down the said undertaking under sub- section (3) of section 25-O of the Industrial Disputes Act, 1947 (14 of 1947) for the reasons set out in the Annexure.

4. I/We hereby declare that in the event of permission for the closure being granted every workman in the undertaking to whom sub-section (7) of the said section 25-O applies will be given notice and paid compensation as specified in section 25N of the Industrial Disputes Act, 1947 (14 of 1947) as if the workman had been retrenched under that section.

Yours faithfully,

(Signature)

ANNEXURE (Please give replies against each item)

Item No.

1. Name of the industrial establishment with complete postal address, including telegraphic addresses and telephone number.

2. Date of the notice under sub-section (1) of section 25FFA and the date on which the said notice was served on the appropriate Government.

3. The total number atid categories of workmen affected by the proposed closure, along with the addresses of the workmen and the details of wages drawn by them.

4. Product/products of the undertaking.

5. Details relating to licensed capacity, installed capacity

and the utilised capacity.

*. (i) Annual production itemwise for preceding three

years.

(ii) Production figures monthwise for the preceding twelve months.

7. Work in progress—item-wise and value-wise. 8. Any arrangement regarding off-loading or sub-con-

tracting of products or any component thereof.

9. Details of persons of ttw organisations to whom the job(s) is (are) being entrusted-relationship/lnterest of the persons/organisations with the director(s) or the offlcer(s) of the company.

10. Position of the order book—item-wise and value-wise: for a period¹ of six months, and one year, next follow- ing and for the period after the expiry of the said one year.

11. Number of working days In a week with the number of s/hifts per day and the strength of workmen per each shift.

12. Balance sheet and profit and loss account and audit

reports for the last three years.

13. Financial position of the company. 14. (1) Names of any inter-connected company or com-

panies under the same management.

(ii) Details about inter-corporate investments and changes during the last one year.

(iii) Interest of any of the directors/officers of the undertaking producing same or similar type of pro- duct.

15. Percentage of wages of workmen to the total cost of

production.

16. Administrative, general and selling cost in absolute terms per year for the last three years and percentagei thereof to the total cost.

17. Inventory position-itemwise and value-wise for the preceding twelve months. (Inventories to be shown In respect of finished products, components and raw- materials to be shown separately itemwise and value- wise).

18. Selling arrangement for the last three years and any change in the selling arrangement in preceding twelve months.

19. Full details of fhe interests of the directors and officers of the company in the organisations/persons involved in selling products of the undertaking. 20. Buying arrangements for raw materials and com-

ponents,

21. Interests of the directors and officers with the organi- sations/persons Involved in buying raw materials and components for the undertaking.

22. Annual sales figures for the last three years and monthwlse sales figures for the preceding twelve months, both Iterawise and value-wise.

23. Reasons for ttie proposed closure.

24. Any specific attempts made so far to avoid the

closure.

25. Any other relevant factors with details thereof."

[No. F. S. 65017/1/76/D.IAJ

D. BANDYOPADHYAY, Jt. Secy-

FMNTED BT THE CENEBAL MANAGER, GOVERNMENT OF INDIA P H E S S, M^NTO ROAD,

OTEW D E tm AND PUBLISHED BY THE CONTROLLEH OP PUBLICATIONS, DELHI, 1 9 76