PREAMBLE
In exercise of the powers conferred by sec.
38 of the Industrial Disputes Act, 1947 (XIV of 1947), the Government of
Gujarat here by makes the following rules, namely.
PRELIMINARY
Rule - 1. Short title and extent.
(1)
These
rules may be called the Industrial Disputes (Gujarat) Rules, 1966.
(2)
They
extend to the whole of The State of Gujarat.
Rule - 2. Definitions.
In these rules, unless, the context requires
otherwise,
(a)
"Act"
means the Industrial Disputes Act, 1947;
(b)
"Chairman"
means the Chairman of a Board or Court or if the court consists of one person
only such person;
(c)
"Committee"
means a Works Committee constituted under sub-section (1) of section. 3 of the
Act;
(d)
"Form"
means a form appended to these rules;
(e)
"Section"
means a Section of the Act;
(f)
"Trade
Union" means a trade union registered under the Trade Unions Act, 1926;
(g)
With
reference to clause (g) of section. 2 it is hereby prescribed that in relation
to an industry carried on by or under the authority of a Department of the
State Government, the officer in charge of the industrial establishment shall
be the "Employer" in respect of that establishment.
PART I : PROCEDURE FOR REFERENCE OF
INDUSTRIAL DISPUTE TO BOARDS OF CONCILIATION, COURTS OF ENQUIRY, LABOUR COURTS
OR INDUSTRIAL TRIBUNALS
Rule - 3. Application.
An application under sub-section (2) of
section 10 for the reference of an industrial dispute to a Board, Court, Labour
Court or Tribunal shall be made in Form-I and shall be delivered personally or
forwarded by registered post in triplicate [to
Deputy Commissioner of Labour, Ahmedabad].
The application shall be accompanied by a
statement setting forth
(a)
the
names and addresses of the parties to the dispute;
(b)
the
nature and cause of the dispute, including any demands made by either party or
the other to which exception is taken by the opposite party;
(c)
the
total number of workmen employed in the undertaking affected;
(d)
an
estimate of the number of workmen affected or likely to be affected by the
dispute ;
(e)
the
efforts made by the parties themselves to adjust the dispute.
Rule - 4. Attestation of application.
The application and the statement
accompanying it shall be signed
(a)
in
the case of an employer, by the employer himself or where the employer is an
incorporated company or other body corporate, by the agent, manager or other
principal officer of such company or body;
(b)
in
the case of workmen
(i)
where
the majority of the workmen directly affected are members of a trade union, by
the President or Secretary of such union or by such other officer to the union
as may be [authorised
by the Executive Committee and the Union in this behalf].
(ii)
in
other cases, by such representatives not exceeding five of the workmen directly
affected, as may be duly authorised in this behalf at a meeting of a majority
of the workmen held for the purpose.
(c) in the case of an individual workman having an
industrial dispute under section 2-A, by the workman himself.
Rule - 5. Notification of appointment of Board, Court, Labour Court or Tribunal.
The appointment of a Board, Court, Labour
Court or Tribunal together with the names of persons constituting the Board,
Court, Labour Court or Tribunal shall be notified in the Official Gazette.
Rule - 6. Notification of reference.
The reference of a dispute to a Board, Court,
Labour Court or Tribunal under the Act shall be notified by the State
Government in the Official Gazette.
Rule - 7. Notice to parties to nominate representatives.
(1)
If
the State Government proposes to appoint a Board, it shall send a notice in
Form II to the parties requiring them to nominate within a reasonable time
persons to represent them on the Board.
(2)
The
notice to the employer shall be sent to the employer personally by name or to
the manager, if any, or if the employer is an incorporated company or a body
corporate, to the agent, manager or other principal officer to such company or
body.
(3)
The
notice to the workmen shall be sent
(a)
in
the case of workmen who are members of a trade union, to the President or
Secretary of the trade union; and
(b)
in
the case of workmen who are not members of a trade union to any one of the
representatives of the workmen who have attested the application made under
Rule 3 and in this case a copy of the notice shall also be sent to the employer
who shall display copies thereof on notice boards in a conspicuous manner at
the main entrance to the premises of the establishment.
PART II : ARBITRATION AGREEMENT
Rule - 8. Arbitration Agreement.
An arbitration agreement for the reference of
an Industrial dispute to an arbitrator or arbitrators shall be made in Form III
and shall be delivered personally or and forwarded by registered post 1[in
Triplicate to the Secretary to Government, Education and Labour Department,
Ahmedabad, the Commissioner of Labour, Ahmedabad, the Deputy Commissioner of
Labour, Ahmedabad] and the Conciliation Officer concerned. The agreement shall
be accompanied by the consent in writing of the arbitrator or arbitrators.
Rule - 9. Attestation of Arbitration Agreement.
The arbitration agreement shall be signed -
(a)
in
the case of an employer, by the employer himself, or where the employer is an
incorporated company or other body corporate by the agent, manager or
other principal officer of such company or body.
(b)
in
the case of workmen
(i)
where
the majority of the workmen directly affected are members of a trade union, by
the President or Secretary of such union or by such other officer of the union
as may be authorised [by
the Executive Committee of the Union in this behalf:]
(ii)
in
other cases, by such representatives not exceeding five of the workmen directly
affected, as may be duly authorised in this behalf at a meeting of a majority
of the workmen held for the purpose.
(c) in the case of an individual workman having an
industrial dispute under section 2-A, by the workmen himself.
PART III : POWERS, PROCEDURE AND DUTIES OF CONCILIATION
OFFICERS, BOARDS, COURTS, LABOUR COURTS, TRIBUNALS AND ARBITRATORS
Rule - 10. Conciliation proceedings in public utility service when a notice of strike or lock out is given.
The conciliation officer, on receipt of a notice of a
strike or lock out given under rule 16 or rule 77 shall forthwith arrange to
interview both the employer and the workmen concerned with the dispute at such
places and at such times as he may deem fit and shall endeavour to bring about
a settlement of the dispute in question.
Rule - 11. Conciliation proceedings in other cases.
Where the conciliation officer receives any information
about an existing or apprehended industrial dispute which relates to a public
utility service but no notice of strike or lock out is given under rule 76 or
rule 77 where the industrial dispute does not relate to a public utility
service, and he considered it necessary to intervene in the dispute, he shall
give formal intimation in writing to the parties concerned declaring his
intention to commence conciliation proceedings with effect from such date as
may be specified therein.
Rule - 12.
The Conciliation officer may hold a meeting of the
representatives of both parties jointly or of each party separately.
Rule - 13.
(1)
The proceedings before a Conciliation
Officer shall be held in camera.
(2)
The Conciliation Officer shall conduct
the proceedings expeditiously and in such manner as he may deem fit.
Rule - 14. Place and time for hearing.
The sittings of a Board, Court, Labour Court, Tribunal or
of an Arbitrator shall be held at such times and place as the Chairman or the
Presiding Officer or Arbitrator, as the case may be, may fix from time to time,
and Chairman, Presiding Officer or the Arbitrator, as the case may be, shall inform
the parties of the same in such manner as he may deem fit.
Rule - 15. Quorum for Boards and Courts.
The quorum necessary to constitute a sitting of a Board or
Court shall be as follows.-
|
(i)
|
in the case of Board-
|
Quorum
|
|
where the number of members is 3
|
2
|
|
where the number of members is 5
|
3
|
|
(ii)
|
in the case of a Court-
|
Quorum
|
|
where the number of members is not more than 2
|
1
|
|
where the number of members is more than 2 but less than 5.2
|
|
|
where the number of members is 5 or more
|
3
|
Rule - 16. Notice to be served.
On an industrial dispute being referred for adjudication to
a Labour Court or Tribunal, the Labour Court or the Tribunal shall cause
notices to be served on the parties in Forms IV, V, VI, VII, VIII and IX
directing them to file their statements of claims or written statements, as the
case may be within a specified time.
Rule - 17. Evidence.
A Board, Court, Labour Court, Tribunal or an arbitrator may
accept, admit or call for evidence at may stage of the proceedings before it,
or him and in such manner as it or he may think fit.
Rule - 17A. [Recording of Evidence by Labour Court or Tribunal.
The Labour Court or Tribunal, as the case may be, shall as
the examination of each witness proceeds, make a memorandum of the substance of
what he deposes, and such memorandum shall be written and signed by the
Presiding Officer.
Provided that the Labour or Tribunal, as the case may be,
may where it considers necessary so to do, in view of the nature of the
particular industrial dispute pending before it follow the procedure laid down
in Rule 5 of Order XVIII of the First Schedule to the Code of Civil Procedure,
1908.]
Rule - 18. Administration of oath.
Any member of a Board or Court or Presiding Officer of a
Labour Court or Tribunal or an Arbitrator may administer an oath.
Rule - 19. Form of notice and summons.
(1)
Notice to the parties and summonses to
witnesses to appear before a Labour Court or Tribunal shall be in Forms X and
XI respectively.
(2)
A summons issued by a Board or Court
shall be in Form XII.
(3)
A notice or summons issued by a Board,
Court, Labour Court or Tribunal may require any person to produce before it any
books, papers or other documents and things in the possession of or under the
control of such person in any way relating to the matter under investigation or
adjudication by the Board, Court, Labour Court or Tribunal, which the Board,
Court, Labour Court or Tribunal thinks necessary for the purposes of such
investigation or adjudication.
Rule - 20. Service of summons or notice.
Subject to the provisions contained in rule 22, any notice,
summons, process or order issued by a Board, Court, Labour Court, Tribunal or
an Arbitrator, empowered to issue such notice, summons process or order may be
served either personally or by registered post or in any other manner
prescribed under the Code of Civil Procedure, 1908.
Note.
(1)
This case under central Rule - 24-
I.D. Act, 1947. sec. 33-C (2) - Summoning the record and also the post master
of concerned Post office-where the P.F. Account of Employees
maintained-Application for moved before Labour Court by the society petitioner
- application was allowed but neither the Postmaster nor any record was
Summoned-clearly lapse on the part of Labour Court 1992 (64) FLR - 36 (All.)
(2)
Powers- Labour Court is invested with
same power - As are Vested in Civil Courts under C.P.C. while trying a suit in
respect of matters -Namely discovery etc. 1992 (64) FLR. 36 (All.)
Rule - 21. Description of parties in certain cases.
Where in any proceeding before a Board, Court, Labour
Court, Tribunal or an Arbitrator, there are numerous persons arrayed on any
side, such person shall be described as follows :
(1)
all such person as are members of any
trade union or association shall be described by the name of such trade union
or association; and
(2)
all such persons as are not members of
any trade union or association shall be described in such manner as the Board,
Court, Labour Court, Tribunal or Arbitrator, as the case may be, may determine.
Rule - 22. Manner of service in the case of numerous persons as parties to a dispute.
(1)
Where there are numerous persons as
parties to any proceedings before a Board, Court, Labour Court, Tribunal or an
Arbitrator and such persons, are members of any trade union or association the
service of notice on the Secretary or where there is no Secretary the principal
officer of the trade union or association shall be deemed to be service on such
persons.
(2)
Where there are numerous persons as
parties to any proceeding before a Board, Court, Labour Court, Tribunal or an Arbitrator
and such persons are not members of any trade union or association, the Board,
Court, Labour Court, Tribunal or Arbitrator, as the case may be, shall, where
personal service is not practicable, cause the service of any notice to be made
by requiring the employer to display prominently the said notice together with
its translations in Hindi and in the language understood by the majority of the
workmen in the establishment at or near the main entrance of the said
establishment.
(3)
A notice served in the manner
specified in sub-rule (2) shall also be considered as sufficient in the case of
such workmen as cannot be ascertained and found.
Rule - 23. Procedure at the first sitting.
At the first sitting of a Board, Court, Labour Court or
Tribunal, the Chairman or the Presiding Officer, as the case may be, shall call
upon the parties in such order as he may think fit to state their case.
Rule - 24. Information to be kept confidential.
All books, papers and other documents or things produced
before a Board, Court, Labour Court, Tribunal or an Arbitrator whether
voluntarily or in pursuance of a summons may be inspected by the Board, Court,
Labour Court, Tribunal or Arbitrator as the case may be, and also by such
parties as the Board, Court, Labour Court, Tribunal or Arbitrator, allows; but
the information obtained therefrom shall not, except as provided in the Act, be
made public; and such parts of the books, papers, documents or things as in the
opinion of the Board, Court, Labour Court; Tribunal or Arbitrator do not relate
to the matters at issue may be sealed up.
Rule - 25. Conduct of proceeding of a Board, Court, Labour Court or Tribunal.
The proceedings before a Board, Court, Labour Court or
Tribunal shall be held in public :
Provided that the Board, Court, Labour Court or Tribunal
may at any stage direct that any witness shall be examined or the proceedings
shall be held in camera.
Rule - 26. Board, Court, Labour Court, Tribunal or Arbitrator may proceed exparte.
If without sufficient cause being shown, any party to a
proceeding before a Board, Court, Labour Court, Tribunal or an Arbitrator fails
to attend or to be represented, the Board, Court, Labour Court, Tribunal or
Arbitrator may proceed ex-parte.
Note. See notes
under s. 17
Rule - 26A. [Setting aside ex-parte orders awards and Reports.
(1)
On an application made within thirty
days from the date of knowledge of an ex-parte order, award or report by the
party concerned, the Board, Court, Labour Court, Tribunal or Arbitrator may,
for sufficient cause; set aside after notice to the opposite party such order,
award, or report as the case may be.
(2)
The Board, Court, Labour Court, Labour
Court, Labour Court, Tribunal, or Arbitrator may on sufficient cause being
shown, extend the period referred to in sub-rule (1) :
(3)
An application under sub-rule, (1)
shall be supported by an affidavit,
Rule - 26B. Stay of operation of awards.
The Labour Court, Tribunal or Arbitrator shall have the
power to stay the operation of an award conditionally or otherwise in
appropriate cases, until the application for setting aside ex-parte orders is
disposed off finally.]
Rule - 27. Power of entry and inspection.
A Board or Court or any member thereof, or a Conciliation
Officer or a Labour Court, Tribunal or any person authorised in writing by the
Board, Court, Labour Court or Tribunal in this behalf, may for the purposes of
any conciliation, investigation, enquiry or adjudication entrusted to
Conciliation Officer, Board, Court, Labour Court or Tribunal under the Act, at
all reasonable times and in the case of a person authorised in writing by a
Board, Court, Labour Court or Tribunal after he has given reasonable notice
enter any building, factory, workshop or other places or premises whatsoever
and inspect the same or any work, machinery, appliances or article therein, or
interrogate any person therein in respect of anything situated therein or any
matter relevant to the subject matter of the conciliation investigation,
enquiry or adjudication.
Note.- See notes u/s.
17
Rule - 28. Power of Boards, Courts, Labour Courts and Tribunals.
In addition to the powers conferred by the Act, Boards,
Courts, Labour Courts and Tribunal shall have the same powers as are vested in
a Civil Court under the Code of Civil Procedure, 1908, when trying a suit in
respect of the following matters, namely.
(a)
discovery and inspection,
(b)
granting adjournments,
(c)
evidence on affidavits.
and the Board, Court, Labour Court or Tribunal may summon
and examine suo motu any person whose evidence appears to it to be material and
shall be deemed to be a Civil Court within the meaning of sections 480 and 482
of the Code of Criminal Procedure, 1898.
Note.- See notes
under section 17
Rule - 29. Assessors.
Where assessors are appointed to advice a Tribunal under
sub-section (4) of section 7-A or by the Court, Labour Court or Tribunal under
sub-section (5) of section 11, the Court, Labour Court or Tribunal, as the case
may be, shall, in relation to the proceeding before it, obtain the advice of
such assessors, but such advice shall not be binding on it.
Rule - 30. Decision by majority.
All questions arising for decision at any meeting of a
Board or Court. save where the Court consists of one person, shall be decided
by a majority of the votes of the members thereof (including the Chairman)
present at the meeting. In the event of an equality of votes, the Chairman
shall also have a casting vote.
Rule - 31. Correction of errors.
The Labour Court, Tribunal or Arbitrator may correct any
clerical mistake or error arising from an accidental slip or omission in any
award it or he issues.
Rule - 31A. [Publication of report or award, etc.
(1)
Within thirty days of the date of
receipt of the report of a Board or award of a Labour Court or Tribunal by it,
the State Government
(a)
shall, if it considers that having
regard to the importance of such report or award, its publication in the
official Gazette is necessary, cause it to be published in the Official
Gazette;
(b)
if it considers that the report or
award is not sufficiently important it may cause a copy thereof together with a
notification under section 17 to be forwarded to the Board or a Court or
Tribunal, as the case may be, for publication on the notice board at its
office.
(2)
Where the report or award is published
in the Official Gazette or on notice board of the Board, Court or Tribunal, the
State Government shall at the time of such publication forward a copy thereof
to the parties to the dispute, and where the report or award is published on
notice board of the Board, Court or Tribunal, such Board, Court or Tribunal
shall inform the State Government and the parties concerned of the date of such
publication on the board.]
Rule - 32. Right of representatives.
The representatives of the parties appearing before a
Board. Court, Labour Court, Tribunal or an Arbitrator shall have the right of
examination, cross-examination and re-examination of witnesses called by the
Board, Court, Labour Court, Tribunal or Arbitrator where evidence is called and
of addressing the Board, Court, Labour Court, Tribunal or an Arbitrator on
completion of the taking of evidence :
Provided that save with the permission of the Board, Court,
Labour Court, Tribunal or an Arbitrator not more than one representative of any
party shall exercise any such right.
PART IV : REMUNERATION OF CHAIRMAN AND MEMBERS OF BOARDS AND
COURTS, PRESIDING OFFICER OF LABOUR COURTS AND TRIBUNALS, ASSESSORS, WITNESSES
AND STAFF
Rule - 33. Travelling Allowance.
The
Chairman or a member of a Board or Court of the Presiding Officer or an assessor
of a Labour Court or Tribunal if a non-official, shall be entitled to draw
travelling allowance and halting allowance for a journey performed by him in
connecting with the performance of his duties, at the rates admissible and
subject to the conditions applicable to a Government servant of the first grade
under the Bombay Civil Service Rules.
Rule - 34. Fees.
The
Chairman and a member of a Board or Court, the Presiding Officer and an
assessor of a Labour Court or Tribunal wherever he is not a salaried Officer of
Government, may be granted such fees as may be sanctioned by the State
Government in each case.
Rule - 35. Expenses of witnesses.
Every
person who is summoned and duly attends or otherwise appears as a witness
before a Board, Court, Labour Court, Tribunal or an Arbitrator shall be
entitled to an allowance for expenses according to the scale for the time being
in force with respect to witnesses in civil courts in the State.
Rule - 36. Establishment.
The State
Government may appoint a Secretary to the Board, Court, Labour Court or
Tribunal and such other staff as it may think necessary and may fix the
salaries and allowances payable to them.
PART V : NOTICE OF
CHANGE
Rule - 37. Notice of Change.
Any employer intending to effect any change
in the conditions of service applicable to any workman in respect of any matter
specified in the Fourth Schedule appended to the Act shall give notice of such
intention in Form XIII.
Rule - 38. Manner of service of notice of change.
(1)
Where
there are numerous workman affected by a notice of change and the majority of
such workmen are members of any trade union, the service of notice by
registered post on the Secretary, or where there is no Secretary, on the
principal officer of the trade union shall be deemed to be service on all such
workmen. The employer, shall, at the same time, arrange to exhibit the notice
by affixing it to a notice board in the manner specified in sub-rule (2) :
Provided that if the Secretary or the
principal officer refuses to receive the notice or that for any other reason
the notice cannot be served on the Secretary or the principal officer on the
ordinary way the exhibition of the notice in the manner specified in sub-rule
(2) shall be deemed to be service on all such workmen.
(2)
Where
there are numerous workmen affected by a notice of change and the majority of
such workmen are not members of any trade union, or association the employer
shall, where personal service is not practicable cause the service of any such
notice to be made by affixing the same to a notice board at or near the
entrance or entrances of the establishment concerned and the notice shall
remain so affixed for a period of a twenty-one days. The notice shall be in
English, [Gujarati]
and the language understood by the majority of the workmen in the establishment
concerned.
(3)
A
copy of the notice shall simultaneously be forwarded by the employer to the
Conciliation Officer concerned and the Deputy Commissioner of Labour,
Ahmedabad.
PART VI : WORKS COMMITTEES
Rule - 39. Constitution.
Any employer to whom an 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.
Rule - 40. 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 of workmen engaged in, and to the sections,
shops or departments of the establishment :
Provided that the total number of members
shall not exceed twenty.
Provided further that the number of
representatives of the workmen shall not be less than the number of
representatives of the employer.
Rule - 41. Representatives of employer.
Subject to the provisions of these rules, the
representatives of the employer shall be nominated by the employer and shall,
as far as possible, be officials in direct touch with or associated with the
working of the establishment.
Rule - 42. Consultations with trade unions.
Where any workmen of an establishment are
members of a 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.
Rule - 43. Groups of workmen's representatives.
On receipt of the information called for
under rule 42, the employer shall provide for the election of workmen's
representatives on the Committee in two groups
(1)
those
to be elected by the workmen of the establishment who are members of the trade
union or unions, and
(2)
those
to be elected by the workmen of the establishment who are not members of the
trade union or unions.
bearing the same proportion to each other as
the union members in the establishment bear to the non-members :
Provided further that where a trade union
neglects or fails to furnish the union or any one of the unions, no such
division shall be made :
Provided further that where a trade union
neglects of fails to furnish the information called for under rule 42 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.
Rule - 44. Electoral constituencies.
Where under rule 43 of the workmen'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 a trade union and the other of those who are not.
Rule - 45. Employer's power to sub-divide electoral constituency or constituencies.
Notwithstanding anything contained in the
foregoing provisions, the employer, may, if he think fit, sub-divide a single
electoral constituency or two electoral constituencies as the case may be, and
direct that workmen shall vote in either by groups, sections, shops or
departments.
Explanation.- Where an employer
sub-divides a single electoral constituency or two electoral constituencies, as
the case may be, and directs that the workmen shall vote in either by groups,
sections, shops or departments, each of such groups, sections, shops or
departments shall be deemed to be an independent electoral constituency.
Rule - 46. 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.
Rule - 47. Qualifications for voters.
All workmen, other than casual employees, who
are not less than 18 years of age and who have put in not less than 6 months
service in the establishment shall be entitled to vote in the election of the
representative of workmen.
Rule - 48. Procedure for election.
(1)
The
employer shall fix a date as the closing date for receiving nominations from
candidates for election as workmen's representative on the Committee.
(2)
For
holding the election, the employer shall also fix a date which shall not be
earlier than three days and later than ten days after the closing date for
receiving nominations.
(3)
The
date of fixed shall be notified at least seven days in advance to the workmen
and the trade union or unions concerned. Such notice shall be [in [English,
Gujarati and the language] understood by a majority of the workmen concerned,
and] 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 member to be elected by the
members of the trade union or unions and by the non-members.
(4)
A
copy of such notice shall be sent to the trade union or unions concerned.
Rule - 49. Nomination of candidates for election.
(1)
Every
nomination shall be made on a nomination paper in Form XIV 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 voters belonging to the group, Section, shop or
department the candidate seeking election will represent, and shall be
delivered to the employer.
Rule - 50. 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 those 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 ineligible for membership under rule 46 or
(b) the requirements of rule 49 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.
Rule - 51. 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
concerned belong to a union, such of them as the union may nominate shall be
associated with the election.
(5)
Every
workman entitled to vote at an electoral constituency shall have as many votes
as there are seats to be filled in the constituency :
Provided that each voter shall be entitled to
cast only one vote in favour of any one candidate.
Rule - 52. Arrangements for election.
The employer shall be responsible for all arrangement
in connection with the election.
Rule - 53. Officers of Committee.
(1)
The
committee shall have among its office-bearers a Chairman, a Vice-Chairman and
two joint Secretaries.
(2)
The
committee shall elect the Chairman and the Vice-Chairman :
Provided that where the Chairman is elected
from amongst the representatives of the employer, the Vice-Chairman shall be
elected from amongst the representatives of the workmen and vice versa :
Provided further that the post of Chairman of
Vice-Chairman, as the case may be, shall not be held by a representative of the
employer or the workmen, for two consecutive terms.
(3)
The
two joint Secretaries shall be elected by the Committee from among the
representatives of the employer and of the workmen respectively :
Rule - 54. Term of office.
(1)
The
term of office of a workmen's representative on the Committee other than a
member chosen to fill a casual vacancy shall be two years.
Provided that if fresh elections are not held
immediately after the expiry of the said term, the representative shall
continue to be on the Committee until such time as fresh elections are held.
(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.
Rule - 55. Vacancies.
In the event of a workmen's representative
ceasing to be a member under sub-rule (3) of rule 54 or ceasing to be employed
in the establishment or in the even of his resignation, death or otherwise, his
successor shall be elected from the constituency to which the member vacating
the seat belonged.
Rule - 56. Power to co-opt.
The Committee shall have the right to co-opt
in a consultative capacity persons employed in the establishment having
particular or special knowledge of a matter under discussion. Such co-opted
member shall not be entitled to vote and shall be present at meeting only for
the period during which the particular question is before the Committee.
Rule - 57. Number of meeting.
(1)
The
Committee may meet as necessary but not less often than once in three months (a
quarter).
(2)
The
Committee shall at its first meeting regulate its own procedure.
Rule - 58. Facilities for meeting etc.
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.
Rule - 59. Dissolution of Works 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 Committee at any time, by an order in writing, if it or he 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 he
workmen have, without any reasonable justification, filed 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.
Rule - 60. Copies of agenda of meetings and decision of the Committee to be sent to employer.
Whenever any meeting or the Committee is
held, the Chairman or the joint Secretaries of the Committee shall, within
seven days from the date of such meeting, report to the employer the agenda for
such meeting and the decisions taken by the Works Committee thereon.
Rule - 61. Annual Return.
Every employer who is required by the State
Government to constitute a Works Committee under sub-section (1) of section 3
shall submit to the [Assistant
Commissioner of Labour, Ahmedabad] in duplicate, a yearly return in Form XV.
Such return shall be delivered or sent by post so as to reach the office of the
Assistant Commissioner of Labour, Ahmedabad, not later than three weeks after
the expiry of the year to which it relates.
PART VIA : JOINT
MANAGEMENT COUNCILS
Rule - 61A. [Constitution of Joint Management Councils.
Any employer who is required by an order made under sub-section
(1) of section 3A to constitute a Joint Management Council shall constitute
within a period of [one
hundred and twenty days] from the date of the said order a Joint Management
Council consisting of [not
less than ten members and not more than thirty members in accordance with scale
specified in the Table below this rule] out of which the number of
representatives of the employer to be nominated by the employer and the number
or representatives of workmen engaged in the industrial establishment to be
elected from amongst themselves shall be such as may be determined by the
employer so however that the number of representatives of the workmen on the
Council shall not be less than the number of representatives of the employer.
[TABLE
|
|
Number of workmen in the industrial establishment.
|
Number of Members of the Council.
|
|
(1)
|
Where the number of workmen is not less than 500 but is less than 1000.
|
10
|
|
(2)
|
Where the number of workmen is not less than 1000 but is less than
5000.
|
14
|
|
(3)
|
Where the number of workmen is not less than 5000 but is less than
10,000.
|
20
|
|
(4)
|
Where the number of workmen is not less than 10,000.
|
30
|
Provided that where any general order is issued under
sub-Section (1) of section 3-A requiring the employers of all industrial
establishments or any class of industrial establishments in any industry to
constitute the joint management council, and such order does not apply to any
industrial establishment in such industry on the date of the issue of the said
order, but applies to such establishment subsequent to such date either on
account of such establishment employing not less than five hundred workmen or
on its being newly established having not less than five hundred workmen. The
employer in relation to such industrial establishment shall constitute the
joint management council within a period of one hundred and twenty days from
the date of application of such order.
Provided further that where it is noticed by a Conciliation
Officer that the employer of an industrial establishment in any industry to
which a general order under sub-section (1) of section 3-A applies has not
constituted the joint management council within the period specified in this
rule, the Conciliation Officer shall, without prejudice to any liability of the
employer to any penalty under the Act, direct prejudice to any liability of the
employer to any penalty under the Act, direct such employer to constitute the
joint management council as required by the general order or the first proviso
to this rule within one hundred and twenty days from the date of the issue of
such direction.]1
Note : R.
61A - I.D. Act, 1947 Secs. 2(k), 10 & 12 - What percentage
of the workmen in a concern can be said to be substantial number Justifying a
conciliation officer to hold that there is an I.D. and not an individual
Dispute is a question of fact peculiar to each case and generalisation is
difficult - In order to constitute an agreement a settlement having a legal
effect, all the requirements of R. 61A must be satisfied.
1994 (1) GLR 430 : 1993 (2) G.L.H. 1065.
Rule - 61B. Appointment of Election Officer.
For the purpose of conducting election of representatives
of workmen engaged in the industrial establishment the [employer
shall within two days of the order made under sub-section (1) of section 3-A
designate] one of the officers employed in the establishment as an Election
Officer, who shall be in charge of conducting election. The employer shall
communicate the name and designation of the person so designated or nominated
to the Conciliation Officer, and the Commissioner of Labour.
Rule - 61C. Fixation of stages of election.
(1)
The Conciliation Officer having the
jurisdiction over the industrial establishment, shall in consultation with the
Election Officer and subject to sub-rule (2) fix the date, hour and place for
the following stages of election, namely.
(a)
election of representatives of workmen
on the Council,
(b)
receipt of nomination paper,
(c)
scrutiny of nomination papers, and
(d)
scrutiny and counting of votes.
(2)
The date for receipt of nomination
papers shall not be later than the 7th day after the date of notice under
sub-rule (3) and the date for scrutiny of nomination shall be the day
immediately following the last date for receipt of nomination papers [or
if that day is public holiday, the next succeeding day which is not public
holiday].
(3)
At least one month before the date
fixed for election, the Election Officer shall notify to the workmen concerned
the date fixed under sub-rule (1) and call upon the workmen to elect their
representatives and to send nominations for that purpose.
(4)
The notification to be issued under
sub-rule (3) shall be in English, Gujarati and the languages understood by a
majority of the workmen concerned and affixed on the noticed board of given
adequate publicity amongst the workmen. A copy of each of the notice shall be
forwarded to the Conciliation Officer and the Commissioner of Labour.
Rule - 61CA. [Formation of Election Divisions.
(1)
The Conciliation Officer shall, having
regard to such factors as may be specified by the State Government in this
behalf, divide the industrial establishment into such number of electoral
divisions as is equal to the number of the members to be elected by the
workmen in such industrial establishment, so, however, that, as far as
possible, each electoral division shall consist of equal number of workmen and
such divisions shall cover all places at which the industrial establishment or,
as the case may be, the departments of such establishment, have employed the
workmen.
(2)
The list of electoral divisions formed
under sub-rule (1) shall be displayed prominently on the notice board of the
industrial establishment, inviting objections or suggestions from the workmen within
such time as may be specified in such notice and the Conciliation Officer
shall, after considering the objections and suggestions, if any, received from
workmen, prepare a final list of such electoral divisions and display the same
on such notice board.
The Conciliation Officer shall form the electoral divisions
under this rule before the expiry of sixty days from the date of the order made
under sub-section (1) of section 3-A or the date of application of such order
under any of the provisos to rule 61-A., or as the case may be sixty days
before the expiry of the term of the joint management council.
Rule - 61CB. List of Voters.
(1)
As soon as the final list of electoral
divisions is placed on the notice board of the industrial establishment by the
Conciliation Officer under sub-rule (2) of rule 61-CA, the Election Officer
shall in respect of every electoral division prepare within fifteen days from
the date on which such notice is placed on the notice board, a tentative list
of workmen eligible to have their names entered in that list under sub-rule (2)
(Hereinafter referred to as the tentative list of voters).
(2)
Every workman who is employed in the
industrial establishment on the date on which the lists of electoral divisions
are finalised under sub-rule (2) of rule 61-CA shall be eligible to have his
name entered in the tentative list of voters.
(3)
A notice along with the tentative list
of voters shall be displayed prominently on the notice board of the industrial
establishment inviting objections and suggestions from the workmen eligible to
have their names entered in the list of voters within seven days from the date
on which such notice is displayed.
(4)
After considering the objections and
suggestions, if any, received by the election officer from the workmen eligible
to have their names entered in the list of voters the election officer shall,
within a week after the expiry of th period for submission of objections and
suggestions mentioned in the notice referred in sub-rule (2) prepare the final
list of voters and display the same on the notice board of the industrial
establishment.
(5)
A workman shall be entitled to vote in
such electoral division to which the list of voters bearing his name relates.
Rule - 61CC. Choice of symbols.
The Election Officer shall display on the notice board of
the industrial establishment the symbols that may be chosen by the candidates
at the election and the restriction to which their choice shall be subject.
Rule - 61CD. Presiding Officers and Polling Officers.
The Conciliation Officer shall require the employer to
provide sufficient number of polling stations having one or more voting
compartments in which voters can record their votes screened from observations
for each electoral division, so as to ensure smooth pooling process. The
Election Officer shall appoint a Presiding Officer to preside at each polling
station and also appoint such number of Polling Officers to assist the
Presiding Officer as he may deem fit.]
Rule - 61D. Nomination of Candidates.
(1)
Every nomination shall be made on a
nomination paper in Form XV-A and the forms shall be supplied by the Election
Officer to any workman on his requisition.
(2)
Every nomination paper shall be duly
filed in and signed by the proposer and the seconder and subscribed by the
candidate himself as consenting to the nomination and shall be delivered to the
*[conciliation officer] on or before the date and time appointed under sub-rule
(1) of rule 61-C who shall preserve the same in sealed covers till the date of
scrutiny.
(3)
Nothing in this rule shall prevent any
candidate from being nominated by more than one nomination paper :
Provided that not more than four nomination papers shall be
presented by or on behalf of any candidate or accepted by the [Conciliation
Officer :]
Provided further that not more than one nomination paper
shall be proposed or seconded any voter.
Rule - 61E. Scrutiny of nomination papers and preparation of list of validly nominated candidates.
(1)
On the date fixed for the scrutiny of
nomination papers, the Conciliation Officer shall scrutinise the nomination
papers and reject such of them as are not valid. The Conciliation Officer may
permit the candidates, and one proposer and seconder of each candidate to
remain present at the time of scrutiny :
Provided that where a candidate or a proposer or seconder
is unable to be present at the time of Scrutiny, he may send a person duly
authorised for the purpose.
(2)
For the purpose of sub-rule (1), a
nomination paper shall be held to be not valid if -
(a)
the candidate or his proposer or
seconder is not a workman of the industrial establishment :
(b)
there has been a failure to comply
with the provisions or rule 61-D;
(c)
The signature of the candidate or his
proposer or his seconder is not genuine or has been obtained by fraud.
(3)
The Conciliation Officer shall not
reject any nomination paper on the ground of any technical defect which is not
of a substantial character.
(4)
The Conciliation Officer shall endorse
on each nomination paper his decision accepting or rejecting the same, and if
the nomination paper is rejected, shall record in writing a brief statement of
reasons for such rejection.
(5)
The decision of Conciliation Officer
regarding acceptance or rejection of the nomination papers shall be final.
Rule - 61F. Withdrawal of candidature.
(1)
Any candidate may withdraw his
candidature by a notice in writing in duplicate, subscribed by him and
delivered before three O'clock in the afternoon on any day within three days
after completion of scrutiny of nominations to the Conciliation Officer either
by such candidate in person or by his proposer who has been authorised in this
behalf in writing by such candidate.
(2)
No person who has give a notice of
withdrawal of his candidature under sub-rule (1), shall be allowed to cancel
the said notice.
(3)
On receipt of such notice, the
Conciliation Officer shall note thereon the date and time at which it was
delivered to him and on being satisfied as to the genuineness of the notice and
the identity of the person delivering it, cause a copy thereof to be affixed on
the notice board of the establishment concerned.
Rule - 61G. List of candidates.
[(1)] On the completion of the scrutiny of nominations and
after the expiry of the period within which a candidate may withdraw his
candidature under rule 61-F, the Conciliation Officer shall forthwith under his
signature publish on the notice board of the industrial establishment a list of
validly nominated candidates in alphabetical order, [and
the symbols allotted to them according to their choice under rule 61-CC or as the
case may be, assigned to them by the Election Officer in pursuance of sub-rule
(2).]
[(2) If more candidates than one indicate their preference
for one and the same symbol, the Election Officer shall decide by lot to which
of those candidates, the symbol shall be assigned and the candidate to whom
such symbol is not assigned shall be permitted to choose another symbol. The
decision of the Election Officer in assigning a symbol to a candidate under
this sub-rule be final].
Rule - 61GA. [Death of candidate before poll.
If a candidate whose nomination paper has been held valid
on scrutiny under rule 61-E and who has not withdrawn his candidature under
rule 61-F dies or ceases to be a workman on account of his retirement or
resignation from service and a report of his death, or his having ceased to be
a workman accordingly is received before the publication of the list of validly
nominated candidates under rule 61-G, or, if a contesting candidate dies or
ceases to be a workman on account of his retirement or resignation from service
and a report his death, retirement or resignation is received before the
commencement of the poll, the Conciliation Officer shall, upon being satisfied
of the fact aforesaid, countermand the poll in an electoral division and report
the fact to the Commissioner of Labour and the employer, and all proceedings
with reference to the election in that electoral division shall be commenced a
new in all respects as all respects as if for a new election.
Provided that no further nomination shall be necessary in
the case of a person who was a contesting candidate at the time of the
countermanding of the poll.
Provided further that no candidate who has given a notice
of withdrawal of his candidature under rule 61-F before the countermanding of
the poll shall be ineligible for being nominated as a candidate for the
election after such countermanding.
Rule - 61GB. Procedure where no candidate is validly nominated.
Where in respect of an electoral division there is no
validly nominated candidate, the Conciliation Officer shall follow the
procedure prescribed in rule 61-C for holding a fresh election in the concerned
electoral division.]
Rule - 61H. [Procedure for contested and uncontested election and manner of voting at election.
(1)
If in respect of an electoral
divisions the number of candidates who have been validly nominated is equal to
one, the Conciliation Officer shall forth-with declare the candidate elected
without any votes being taken.
(2)
If in respect of an electoral
division, the number of candidates who have been validly nominated is more than
one, the voting shall take place on the date fixed for election.
(3)
The voting shall be conducted by the
Election Officer by a secret ballot.
(4)
Each voter shall be entitled to cast
only one vote].
Rule - 61I. Employer to provide ballot boxes and ballot papers.
(1)
The employer shall provide sufficient
number of ballot boxes and ballot papers for the purpose of voting. Every
ballot box shall be so made that ballot papers can be introduced therein but
cannot be withdrawn therefrom without the box being unlocked and the seals
being broken.
[(2) The ballot paper shall be in Gujarati and the names of
the candidates shall be arranged on the ballot paper in the same order in which
they appear in the list of candidates. The Ballot paper shall also indicate the
symbol allotted to each such candidate against the name of such candidate
Provided that if two or more candidates bear the same name,
they shall be distinguished by their designation or place of residence or in
some other manner].
Provided that if two or more candidates bear the same name
they shall be distinguished by the addition of their designation or place of
residence or in some other manner.
(3) The
ballot paper to be used for voting shall contain a serial number and such
distinguishing mark as the Conciliation Officer may decide.
Rule - 61J. Ballot boxes to be locked and sealed before commencement of poll.
(1)
The 12[Presiding
Officer] shall immediately before the commencement of the voting allow the candidates
and their agents to inspect each ballot box to be used at the voting and shall
demonstrate to them that it is empty.
(2)
The ballot-box shall be closed, sealed
and placed in full view of the agents of the candidates.
Rule - 61K. Admission for voting.
The [Presiding
Officer] shall regulate the number of workmen to be admitted at any one time
for the purpose of voting and shall exclude therefrom all persons except.
(a)
the candidates or their agents;
(b)
public servants including the members
of the police force, if any on duty :
(c)
such other persons as the [Presiding
Officer] may admit for the purpose of identifying the voters.
Rule - 61L. Candidates and agents not to communicate with voters.
(1)
[No person shall, on the date or dates on which a poll is
taken at any polling station, commit any of the following acts within the
polling station or in any public or private place within a distance of one
hundred metres from the polling station, namely.-
(a)
canvassing for votes; or
(b)
soliciting the vote of any voter; or
(c)
persuading any voter not to vote for
any particular candidate; or
(d)
persuading any voter not to vote at
the election; or
(e)
exhibiting any notice or sign (other
than an official notice) relating to the election;]
If the candidates or their agents have objections to any
workman voting they may communicate the same to the [Presiding
Officer,] provided such objections are on any of the following grounds,
namely.-
(i)
that the workman is not entitled to
vote under the rules;
(ii)
that the workman's claim to be a voter
entitled to a vote is false; or
(iii)
that the workman has already voted at
the election
(2)
The [Presiding
Officer] may cause any person contravening the provisions of sub-rule (1) to be
expelled from the place of voting and a person so expelled shall not be
readmitted while the voting in progress.
Rule - 61M. Issue of the ballot papers.
(1)
No ballot paper shall be issued before
the hour fixed for the commencement of voting.
(2)
No ballot paper shall be issued to any
workman after the hour fixed for the closing of voting except to those who are
present at the actual place of voting at the time of closing of the poll, it
shall be decided by the [Presiding
Officer] and his decision shall be final.
Rule - 61N. Voting by proxy prohibited.
There shall be no voting by proxy.
Rule - 61O. Counting of votes.
(1)
The counting of votes shall be done by
the Conciliation Officer [on
the day following the date of Poll.] The counting shall be done in the presence
of the candidates or their authorised nominees, which number shall not exceed
one for each candidate.
(1A) After the completion of the counting, the Conciliation
Officer shall record the total number of votes polled by each candidate and
announce the same.
(1B) After
such announcement has been made, a candidate or, in his absence, his election
agent or any of his counting agents may apply to the conciliation officer to
recount the votes stating the grounds on which he demands such recount.
(1C) On
such an application being made, the Conciliation Officer shall decide the
matter and may allow the application or may reject the application if it
appears to him to be frivolous or unreasonable.
(1D) Every
decision of the Conciliation Officer under sub-rule (1C) shall be in writing
and contain the reasons therefor;]
(2)
[On completion of counting, or as the case may be
re-counting the Conciliation Officer shall declare the names of the candidates
elected on the Council. Copies of the list of such elected representatives
shall be sent by the Conciliation Officer to the Commissioner of Labour and the
employer concerned.
(3)
The conciliation Officer and the
Election Officer may avail of such clerical assistance as is necessary for
holding the election.
Rule - 61P. Grounds for rejection of ballot papers.
(1)
The Conciliation Officer shall reject
a ballot paper, if.-
(a)
it bears any mark or writing by which
the voter can be identified;
(b)
it does not bear the mark which it
should have borne under the provisions of sub-rule (3) of Rule 61-I;
(c)
it bears a serial number or mark
different from the one authorised under sub-rule (3) of Rule 61-I;
(d)
the Conciliation Officer is satisfied
that the ballot paper is a spurious ballot paper or that it has been so damaged
or mutilated that its identity as a genuine ballot paper cannot be established;
(e)
no vote is recorded thereon;
(f)
votes are given in favour of more than
the required number of candidates;
(g)
the mark indicating the vote thereon
is placed in such a manner as to make it doubtful to which candidate the vote
has been given.
(2)
The decision of the Conciliation
Officer as to the validity of the ballot paper contained in a ballot box shall
be final.
Rule - 61Q. Equality of Votes.
If after the counting of the votes is completed, an
equality of votes is found to exist between any candidates and the addition of
one vote will entitle any of those candidates to be declared elected, the
Conciliation Officer shall, forthwith, decide between those candidates by lot
and proceed as if the candidate in favour of whom the lot falls had received an
additional vote.
Rule - 61R. Adjournment of poll in emergencies.
(1)
If at an election the proceedings are
interrupted or obstructed by any riot or open violence or if at an election it
is not possible to take the poll on account of any sufficient cause, the
Conciliation Officer may adjourn the polling to a later date. The Conciliation
Officer shall report the circumstances to the Commissioner of Labour, whenever
a poll is adjourned under this sub-rule.
(2)
The provisions of these rules
governing the original poll shall, mutatis mutandis apply to the fresh poll
taken under this rule.
Rule - 61S. Fresh poll in the case of destruction of ballot boxes.
(1)
If at any election any ballot box is
unlawfully taken out of the custody of the Election Officer or in any way
tampered with either accidentally or intentionally destroyed or lost, then such
election shall be considered as invalid.
(2)
Whenever the polling in any industrial
establishment has become invalid under sub-rule (1), the Conciliation Officer
shall as soon as practicable thereafter report, the event to the Labour
Commissioner and shall fix a date for taking a fresh poll in such
establishment.
(3)
All the provisions of these rules
governing the original poll shall mutatis mutandis apply to the fresh poll
taken under this rule.
Rule - 61T. Arrangements for Election.
The employer shall be responsible for all arrangements in
connection with the election.
Rule - 61U. Appointment of Chairman.
[(1) The Chairman of Council shall be elected by the members
of the Council from amongst themselves at its first meeting, which shall be
convened by the employer immediately after the constitution of the Council and
in no case later than 30 days after the election is over. The Chairman so
elected shall hold office for a period of one year;
Provided that
(i)
at the first meeting of the Concil,
such member of the Council as is nominated in this behalf by the Conciliation
Officer shall preside till the Chairman is elected;
(ii)
where the existing Chairman is from
the representatives of an employer the Chairman for the next year shall be
elected from the representatives of the employer].
"(2) The Chairman, who shall convene and preside over
the meetings of the Council shall circulate the agenda of the meeting to the
members along with the notice of the meeting except in the case of special
meeting at least 48 hours before the meeting. He shall cause the minutes of
every meeting to be recorded and to be got confirmed at the next meeting. The
Chairman shall, as expeditiously as possible, but not later than seven days
from the date of the meeting send a copy of the minutes to the employers. The
employer shall immediately on receipt of the minutes but in no case later than
seven days from the date of its receipt send a copy of the minutes to the
members of the Council, the Trade Union, the Conciliation Officer and the
Commissioner of Labour."
(3) In
the absence of the Chairman at any meeting the members present at the meeting
shall elect from amongst themselves by a majority of votes one member who shall
preside at such meeting."
Rule - 61V. Council to be constituted from time to time and vacancies how to be filled.
(1)
Within [one
hundred and twenty days] of the general or a special order made under sub-sec.
(1) of sec. 3-A requiring an employer to constitute a Joint Management Council
and every three years thereafter the employer shall constitute or, as the case
may be reconstitute the Concil.
(2)
(a) Where on account of any reason
whatsoever a representative of the employer or, as the case may be that of the
workmen on the Council, ceases to be a member, the vacancy caused by such
ceaser shall be filled in by nomination or as the case may be, election in the
manner prescribed in these rides :
Provided that nothing in the rule shall derogate from the
power of the employer to revoke at any time the nomination of his
representative.
(b) A member who is representative of workmen shall cease
to be such member on his ceasing to be a workman.
Rule - 61W. Number of meetings.
(1)
The Council may meet as often as
necessary but not less than once [in
every month.] In cases of urgency a special meeting of the Council may be
called by giving not less than six hours notice at the request of two members.
The proceedings of the meeting shall be conducted in a language understood by a
majority of the members of the Council.
[(2) No business other than that appearing on the agenda
shall be transacted at any meeting unless members of the Council unanimously
agree to its introduction.
[(3) The presence of atleast one-fifth of the members
representing the employers and one-fifth of the members representing the
workmen shall be necessary to form a quorum :
Provided that if at any meting there is no quorum, the
meeting shall be adjourned by the Chairman, or in his absence by the member
presiding at the meeting under sub-rule (3) of rule 61-U, to a date not later
than seven days from the date of the original meeting;
Provided further that in determining the quorum, a fraction
being one-half or more than one-half shall be ignored.]
"Provided that if at any meeting at least two members
representing the management and two members representing the employees are not
present the meeting shall be adjourned by Chairman or in his absence by the
members present to a date not later than seven days from the date of the
original meeting : and it shall be lawful to dispose of the business at such
adjourned meeting if not less than any four members are present."
(4) Decisions
of the Council shall be arrived at by a vote of the majority of the members
present. The Chairman shall have one vote and in the event of equality of votes
the Chairman shall in addition to his vote as a member of the Council have a
second of casting vote.
Rule - 61X. Facilities for meeting etc.
The Council shall ordinarily meet during working hours of
the establishment concerned or any working day.
Rule - 61Y. Annual Return.
Every employer who is required to constitute a Joint
Management Council under sub-sec. (1) of sec. 3A shall submit the Commissioner
of Labour, in duplicate, an yearly return in Form XV-B. Such return shall be
delivered or sent by post so as to reach the office of the Commissioner of
Labour not later than three weeks after the expiry of the year to which it
relates.
Rule - 61Z. Duties of the Council.
It shall be the endeavour of the Council.
(i)
to improve the working and living
conditions of the workmen.
(ii)
to encourage suggestions from the
workmen.
(iii)
to assist in the administration of
laws as agreements.
(iv)
to serve generally as an authentic
channel of communication between the management and the workmen.
(v)
to create in the workmen a sense of
participation.
(vi)
to render advice in the general
administration of Standing Orders and their amendment when needed.
(vii)
to render advice on matters pertaining
to retrenchment rationalisation, closure, reduction in or cessation of
operations.
Rule - 61ZA. Administrative functions which the Council shall be entrusted by the employer.
The Council shall be entrusted by the employer with
administrative functions in respect of -
(i)
operation of vocational training and
apprenticeship schemes ;
(ii)
preparation of schedules of working
hours and breaks and of holidays; and
(iii)
payment of rewards for valuable
suggestions received from the workmen.
Rule - 61ZB. Matters in respect of which the Council shall be entitled to receive information.
The Council shall be furnished by the employer with
information in respect of -
(i)
general economic situation of the
concern ;
(ii)
the state of the market production and
sales programmes;
(iii)
organisation and general running of
the establishment;
(iv)
circumstances affecting the economic
position of the establishment;
(v)
methods of manufacture and work;
(vi)
the annual balance sheet and profit
and loss statement and connected documents and explanation; and (vii) long term
plan for expansion, re-employment etc."
Rule - [61ZC.
Every member of the Council shall have, and shall be
permitted by the employer concerned to exercise, a right to free movement in
the various departments and work premises at any time during the working hours
of the establishment for the purpose of obtaining first hand knowledge and
experience with regard to the matters mentioned in sec. 3-B and rules 61-Z.
61-Z-A and 61-Z-B to enable him to discharge effectively his duties and
functions as a member of the Council".]
PART VII : MISCELLANEOUS
Rule - 62. Memorandum of settlement.
(1)
A settlement arrived at in the course
of conciliation proceedings or otherwise, shall be in Form XVI.
(2)
The settlement shall be signed by
(a)
in the case of an employer, by the
employer himself, or by his authorised agent, or where the employer is an
incorporated company or other body corporate, by the agent, manager or other
principal officer of such company or body;
(b)
in the case of workmen, either by the
President or Secretary [or
such other officer of a trade union of the workmen as may be authorised by the
Executive Committee of the Union in this behalf], or by five representatives of
the workmen duly authorised in this behalf at a meeting of the workmen held for
the purpose.
[(c) in the case of an individual workman having an
industrial dispute under sec. 2-A, by the workman himself.
(3)
Where a settlement is arrived at in
the course of conciliation proceedings, the Conciliation Officer or the Board,
as the case may be, shall send a report thereof the State Government together
with the memorandum of settlement signed by the parties to the disputes.
(4)
Where a settlement is arrived at
between an employer and his workmen otherwise than in the course of
conciliation proceedings before a Conciliation Officer or Board, the parties to
the settlement shall jointly send a copy thereof to [The
Secretary to the Government of Gujarat, Education and Labour Department. Ahmedabad,
the Commissioner of Labour, Ahmedabad, the Deputy Commissioner of Labour,
Ahmedabad] and the Conciliation Officer concerned.
Rule - 63. Application under section 33.
(1)
An employer desiring to obtain 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) of section 33
shall present an application in Form XVII 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) of sub-section. (2)
of section 33 shall present an application in Form XVII 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 number of paragraphs to the application, what he 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.
Rule - 64. Complaints regarding change of conditions of service etc.
(1)
Every complaint under section 33A
shall be presented in triplicate in Form XIX and shall be accompanied by as
many copies of the complaint as there are opposite parties thereto.
(2)
Every complaint under sub-rule (1)
shall be verified at the fool by the employee 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
reference to the numbered paragraphs of the complaint, what he verifies of his
knowledge and what he verifies upon information received and believed to be
true.
(4)
The verification shall be signed by
the person making it and shall state the date which and the place at which it
was signed.
Rule - 65. Show cause notice to be issued to the opposite party.
As soon as an application under section 33 is received by
the Conciliation Officer, Board, Labour Court or Tribunal or a complaint under
section 33A is received by the Labour Court or Tribunal, a copy thereof shall
be forwarded to the opposite party with a notice in Form XX to show cause, if
any, why the application or the relief sought for in the complaint should not
be granted.
Rule - 66. Protected workmen.
(1)
Every trade union connected with an
industrial establishment to which the Act applies, shall communicate to the
employer, before the 30th September every year, the names and addresses of such
of the officers of the trade union who are employed in that establishment and
who, in the opinion of the trade union, should be recognised as protected
workmen. Any change in the incumbency of any such officer shall be communicated
to the employer by the trade union within fifteen days of such change.
(2)
The employer shall, subject to the
provisions of sub-section (4) of section 33 recognise such workmen to be
protected workmen for the purposes 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 workmen.
(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 trade union in
the establishment, the maximum number shall be so distributed by the employed
among the unions that the numbers of recognised protected workmen in individual
union bear roughly the same proportion to one another as the membership figures
of the unions. The employer shall in that case intimate in writing to the
President or the Secretary of each union the number of protected workmen
allotted to it :
Provided further 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 employer's letter.
(4)
When a dispute arises between an
employer and any trade union in any matter connected with the recognition of
protected workmen under this rule, dispute shall be referred to the
Conciliation Officer concerned, whose decision thereon shall be final.
Rule - 67. [Application for recovery of dues.
(1)
Where any money is due to a workmen
from an employer under a settlement or an award or under the provisions of
Chapter V-A, the workman concerned may apply in Form XX-A for recovery of the
money to him.
(2)
Where any workman is entitled to
receive from the employer any benefit which is capable of being computed in
terms of money, the workman concerned may apply to the specified Labour Court
in Form XX-B for the determination of the amount at which such benefit should
be computed.
(3)
Where the Labour Court has determined
the amount of the benefit under sub-rule (2), the workman concerned, may apply
in Form XX-C for the recovery of the money due to him.]
Rule - 68. Appointment of Commissioner.
Where it is necessary to appoint a Commissioner under
sub-section (3) of section 33C, the Labour Court may appoint a person with
experience in the particular industry, trade or business involved in the
industrial dispute or a person with experience as a Judge of a Civil
Court, or as a stipendiary Magistrate or as a Registrar of the Industrial Court
constituted under the Bombay Industrial Relations Act, 1946, or as a Secretary
or Registrar of a Labour Court or Tribunal constituted under the Act or of the
Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate
Tribunal) Act, 1950.
Rule - 69. Fees for the Commissioner, etc.
(1)
The Labour Court shall, after
consultation with the parties, estimate the probable duration of the enquiry
and fix the amount of the Commissioner's fees and other incidental expenses and
direct the payment thereof, into the nearest treasury, within a specified time,
by such party or parties and in such proportion as it may consider fit. The
Commission shall not issue until satisfactory evidence of the deposit into the
treasury of the sum fixed is filed before the Labour Court :
Provided that the Labour Court may from time to time direct
that any further sum or sums be deposited into the treasury within such time
and by such parties as it may consider fit.
Provided further that the Labour Court may in its
discretion extend the time for depositing the sum into the treasury.
(2)
The Labour Court may, at any time, for
reasons to be recorded in writing vary the amount of the Commissioner's fees in
consultation with the parties.
(3)
The Labour Court may direct that the
fees shall be disbursed to the Commissioner in such installments and so such
dates as it may consider fit.
(4)
The undisbursed balance, if any, of
the sum deposited shall be refunded to the party or parties who deposited the
sum in the same proportion as that in which it has deposited.
Rule - 70. Time for submission of report.
(1)
Every order for the issue of a
commission shall appoint a date, allowing sufficient time for the Commissioner
to submit his report.
(2)
If for any reason the Commissioner
anticipates that the date fixed for the submission of his report is likely to
be exceeded, he shall apply, before the expiry of the said date, for extension
of time setting forth the grounds thereof and the Labour Court shall take such
grounds into consideration in passing orders on the application;
Provided that the Labour Court may grant extension of time
notwithstanding that no application for such extension has been received from
the Commissioner within the prescribed time limit.
Rule - 71. Local investigation.
In any industrial dispute in which the Labour Court deems a
local investigation to be requisite or proper for the purpose of computing the
money value of a benefit, the Labour Court may issue a Commission a person
referred to in rule 68 directing him to make such investigation and to report
thereon to it.
Rule - 72. Commissioner's report.
(1)
The Commissioner after such local
inspection as he deems necessary and after reducing to writing the evidence
taken by him, shall return such evidence together with his report in writing
signed by him to the Labour Court.
(2)
The report of the Commissioner and the
evidence taken by him (but not the evidence without the report) shall be
evidence in the industrial dispute and shall form part of the record of the
proceedings in the industrial dispute; but the Labour Court, or, with the
permission of the Labour Court, any of the parties to the industrial dispute
may examine the Commissioner personally before the Labour Court regarding any
of the matters referred to him or mentioned in his report or as to his report,
or as to the manner in which he has made the investigation.
(3)
Where the Labour Court is for any
reason dissatisfied with the proceedings of the Commissioner it may direct such
further enquiry to be made as it shall think fit.
Rule - 73. Powers of Commissioner.
Any Commissioner appointed under these rules may, unless
otherwise directed by the order of appointment.
(a)
examine the parties themselves and any
witness whom they or any of them may produce, and any other person whom the
Commissioner thinks proper to call upon to give evidence in the matter referred
to him;
(b)
call for and examine documents and
other things relevant to the subject of enquiry ;
(c)
at any reasonable time enter upon or
into any premises mentioned in the order.
Rule - 74. Summoning of witness etc.
(1)
The provisions of the Code of Civil
Procedure, 1908 relating to the summoning, attendance and examination of
witnesses and penalties to be imposed upon witnesses, shall apply to persons
required to give evidence or to produce documents before the Commissioner under
these rules.
(2)
Every person who is summoned and
appears a witness before the Commissioner shall be entitled to payment by the
Labour Court out of the sum deposited under rule 69, of an allowance for
expenses incurred by him in accordance with the scale for the time being in
force for payment of such allowance to witnesses appearing in the civil courts.
Rule - 75. Representation of parties before the Commissioner.
The parties to the industrial dispute shall appear before
the Commissioner, either in person or by any other person who is competent to
represent them in the proceeding before the Labour Court.
Rule - 76. Notice of Strike.
(1)
The notice of strike to be given by
workmen in a public utility service shall be in Form XXI.
(2)
On receipt of a notice of a strike
under sub-rule (1), the employer shall forthwith intimate the fact to the
Conciliation Officer concerned.
Rule - 77. Notice of lock-out.
(1)
The notice of look-out to be given by
an employer carrying on a public utility service shall be in Form XXII.
[(2) The notice shall be displayed conspicuously by the
employer on a notice board at the main entrance or entrances to the
establishment, in the department or section affected by the lock-out, in the
time keeper's office and in the Manager's Office. The notice shall be in
English, in the regional language and in the language understood by the
majority of the workmen in the department, section or as the case may be, establishment
concerned and shall be so displayed till the date of lock-out.
(3) A
copy of the notice shall simultaneously be forwarded to the secretary or
secretaries of the trade union or unions of workmen connected with the
establishment whenever such union or unions exist, or where there is no
secretary to the principal officer or officers of the trade union or unions.]
Rule - 78. Report of lock-out or strike.
The report of lock-out or strike in a public utility
service to be submitted by the employer under sub-section (3) of section 22
shall be in Form XXIII.
Rule - 79. Report of notice of strike or lock-out.
The report of notice of a strike or lock-out to be
submitted by the employer under sub-section (6) of section 22 shall be sent by
registered post or given personally to the Conciliation Officer concerned with
a copy by registered post [(1)
the Secretary to the Government of Gujarat, Education and Labour Department,
Ahmedabad, (2) the Commissioner of Labour, Ahmedabad and (3)] the District
Magistrate concerned.
Rule - 79A. [Notice of lay-off.
(1)
If any workman employed in an
industrial establishment as defined in the explanation below section 25-A (not
being an industrial establishment referred to in sub-section (1) of that
section) is laid off, then the employer concerned shall give notice of
commencement and within termination of such lay-off in Form XXIII A and XXII B
respectively from three days of such commencement of termination, as the case
may be.
(2)
Such notices shall be given by an
employer in every case irrespective of whether, in his opinion, the workman
laid off is or is not entitled to compensation under section 25 C.]
Rule - 79B. [Application for permission to lay off under section 25-M.
(1)
Application for permission to lay off
any workman under sub-section (1) of section 25-M shall be made in triplicate
in Form XXVII and delivered to the State Government or, as the case may be, the
authority specified under sub-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 State Government or said
authority, shall be deemed to be the date on which the application was made,
for the purposes of sub-section (4) of the said section.
(2)
A copy of such application shall also
be served simultaneously to every workman concerned either personally or by
registered post acknowledgement due. A copy of such application shall also be
affixed on a notice board at or near the entrance or entrances of the establishment
concerned.
(3)
The employer concerned shall furnish
to the State Government or the authority to whom the application for permission
has been made such further information as the State Government or, as the case
may, be, the authority considers necessary for arriving at a decision on the
application as and when called for by the State Government or such authority,
so as to enable the State Government or the authority to communicate the
permission or refusal to grant permission within the period specified in
sub-section (4) of section 25-M.
(4)
Where the permission to lay off has
been granted by the State Government or the said authority, the employer
concerned shall give the Commissioner of Labour, Ahmedabad a notice of
commencement and termination of such lay off in Form XXVIII-A and XXVIII-B
respectively.
(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 (I) of rule 79-A."]
Rule - 80A. [Application for permission for retrenchment.
(1)
Application under clause (b) of
sub-section (1) of section 25-N for retrenchment shall be made in triplicate in
Form XXVIII and delivered to the State Government or such authority as may be
specified by the State 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 State
Government or said authority, shall be deemed to be the date of delivery of the
application for the purposes of sub-section (4) of the said section.
(2)
A copy of such application shall also
be served simultaneously to every workman concerned either personally or by
registered post acknowledgement due. A copy of such application shall also be
affixed on a notice board at or near the entrance or entrances of the
establishment concerned.
(3)
The employer concerned shall furnish
to the State Government or the authority to whom the application for permission
for retrenchment has been made under clause (b) of sub-section (1) of the said
section 25-N, such further information as the State Government, or, as the case
may be, the authority considers necessary for arriving at a decision on the
application, as and when called for by the State Government or such authority,
so as to enable the State Government or the authority to communicate its
permission or refusal to grant permission within the period specified in
sub-section (4) of the said section 25-N."]
Rule - 80B. Notice of retrenchment.
(1)
The notice referred to in clause (c)
of section 25F shall be given in Form XXIV by an employer and be served either
by personal service or by registered post, on the [Secretary
to the Government of Gujarat, Education and Labour Department, Ahmedabad] :
(i)
not less than twenty-one days before
the date or retrenchment, if the notice of retrenchment has been given to a
workman;
(ii)
within seven days of the date of
retrenchment, if no such notice has been given but the workman is paid wages in
lieu of notice;
(iii)
(a) at least one month before the date
of termination of service, if such date is specified in an agreement where the
retrenchment is carried out under an agreement; and
(b) on the date of such agreement, where the date of
termination is not so specified.
[(2) A copy of such notice shall be sent by employer to the
Commissioner of Labour, Ahmedabad and the Deputy Commissioner of Labour,
Ahmedabad.]
Rule - 81. Maintenance of seniority list of Workmen.
The employer shall, prepare a list of all workmen in the
particular category from which retrenchment is contemplated arranged according
to the seniority of their service in the category and cause a copy thereof to
be posted on a Notice Board in conspicuous place in the premises of the
industrial establishment at least seven days before the actual date of
retrenchment.
Rule - 82. Re-employment of retrenched workmen.
(1)
Where any workmen are retrenched and
the employer proposes to take into his employ any person, he shall give an
opportunity to the retrenched workmen to offer themselves for re-employment in
the following manner, that is to say
(a)
if the number of vacancies to be
filled is not less than fifty, he shall publish in a [Gujarati
newspaper circulating in,] the locality in which the industrial establishment
is situated, a notice giving the details of the vacancies to be filled;
(b)
in any other case he shall send by
registered post to the last known address of each of such retrenched workmen
eligible for appointment to any such vacancies, a notice giving the details of
the vacancies to be filled;
and seven days shall have elapsed from the date of
publication of such notice, or from the date of the despatch of the last of
notices, as the case may be :
Provided that where there are provisions in any standing
orders of an industrial establishment in regard to the notifying of vacancies,
notice in respect of such vacancies shall be published or given in accordance
with such standing orders :
[Provided further that if a retrenched workman, without
sufficient cause being shown in writing to the employer, does not offer himself
for reemployment on the date or dates specified in the public notice given or
the individual notice 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)
A copy of the notice referred to in
sub-rule (1) shall also be displayed in the time-keeper's office, at the main
entrance of the industrial establishment and in the case of a department
thereof, also in the department concerned.
(3)
Whenever a notice has been given under
sub-rule (1), the employer shall also simultaneously inform the trade union or
unions of workmen connected with the industrial establishment, of the vacancies
to be filled giving the details thereof.
(4)
If the employer seeks the assistance
of the Decasualisation Scheme or the Employment Exchange of the area in
filling, the vacancies, he shall inform the manager of the Scheme or the
Exchange, as the case may be, that the names of such of his retrenched
employees, as may be, registered with the Scheme or the exchange, may be
submitted to him along with the names of any other suitable candidates.
[(5) Information regarding the workmen re-employed in
accordance with this rule shall be sent in Form XXIV-A by the employer to [The
Commissioner of Labour, Ahmedabad, and the Deputy Commissioner of Labour,
Ahmedabad,] within fifteen days from the date of such reemployment].
Rule - 82A. [Notice of closure under section 25-FFA.
(1)
The notice referred to in sub-section
(1) of section 25FFA shall be given in Form XXIV-B by an employer and be served
either by personal service or by registered post, on the Secretary to the
Government of Gujarat, Education and Labour Department.
(2)
A copy of such notice shall be sent by
an employer to the Commissioner of Labour, Ahmedabad, the Deputy Commissioner
of Labour, Ahmedabad and the Industries Commissioner, Ahmedabad].
Rule - 82B. [Application for permission for closure.
(1)
Application under sub-section (1) of
section 25-O of intended closure shall be given in Form XXX to the State
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 State Government shall be deemed to be the date on which
the application was made for the purposes of sub-section (3) of the said
section 25-O.
(2)
Where the workman affected by the
intended closure are members of one or more trade unions registered under the
Trade Unions Act, 1926, a copy of such application shall also be served
simultaneously either personally or by registered post acknowledgement due on
such trade unions. The employer, at the same time, shall also affix such
application on the notice board in the prescribed manner specified in sub-rule
(3).
(3)
Where such workmen affected by the
intended closure are not members of any such trade union, the employer shall
serve a copy of such application to all workmen concerned either personally or
by registered post acknowledgement due. The employer shall, also affix a copy
of such application on a notice board at or near the entrance or entrances of
the establishment concerned.
(4)
The employer shall furnish to the
State Government to whom the application of intended closure has been given for
permission to close down, such further information as the State Government
considers necessary, for arriving at a decision, and calls for from such
employer."]
Rule - 83. Notice of termination of award or settlement.
(1)
Where employer of an establishment
intends to terminate an award or a settlement under section 19, he shall send a
notice thereof by registered post in the following manner, namely;
(a)
Where the majority of workmen are
members of a trade union, to the President or Secretary of the trade union or
such union, or such other officer of the trade union as may be authorised by it
in this behalf. A copy of the notice shall also be exhibited on a notice board
at or near the main entrance or entrances of the establishment concerned.
(b)
Where there is no trade union or where
the majority of the workmen bound by the award or settlement are not members of
a trade union, the notice shall be exhibited on a notice board at or near the
main entrance or entrances of the establishment concerned.
(2)
Where the workmen of an establishment
intend to terminate an award or a settlement under section 19, a notice thereof
shall be sent by registered post to the employer himself or where the employer
is an incorporated company or other body corporate, to the agent, manager or
other principal officer of such company or body.
(3)
The notice for termination of an award
or a settlement shall be signed :
(a)
in the case of an employer, by the
employer himself, or where the employer is an incorporated company or other
body corporate, by the agent, manager or other principal officer of such
company or body :
(b)
in the case of workmen
(i)
where the majority of the workmen
bound by the award or settlement are members, or a trade union or where a
majority of the workmen has authorised in writing a trade union to terminate
the award or settlement, by the President or Secretary of such union or by such
other officer of the union as may be authorised by it in this behalf;
(ii)
in other cases, by such
representatives not exceeding five, of the workmen intending to terminate the
award or settlement, as may be duly authorised in this behalf at a meeting of a
majority of the workmen held for the purpose.
(4)
Copies of the notice referred to in
sub-rule (1) and sub-rule (2) shall be sent [to
the Secretary to the Government of Gujarat, Education and Labour Department,
the Commissioner of Labour, Ahmedabad, the Deputy Commissioner of Labour,
Ahmedabad], and the Conciliation officer concerned.
Rule - 84. Copies of records Labour Courts and Tribunals.
(1)
Any person desiring to obtain copies
of any records, including certified copies of any award, order or decision of a
Labour Court or Tribunal or extracts therefrom, may make an application in
writing to the Secretary of the Labour Court or Tribunal.
(2)
On receipt of such application and on
payment of fees for copying a document, at the rate of ["Re.
1-00"] per every hundred words or fraction thereof, a copy of the document
shall be supplied by the Secretary of the Labour Court or Tribunal :
Provided that no copy shall be granted of any notes
recorded by the Labour Court or Tribunal for its own use or of any exhibit or
document which the Labour Court or Tribunal may consider to be confidential.
Rule - 84A. [Manner of dealing with cases of appeals to Supreme Court.
(1)
On receipt of an order from the
Supreme Court granting special leave to appeal to any of the parties against
the decision, order or award of the Labour Court or the Industrial Tribunal,
the Secretary of the Labour Court or Tribunal shall intimate the parties,
their, representatives or advocates, as the case may be, and after holding a
meeting, settle the index of the records to be printed in pursuance of the
provisions contained in the Supreme Court Rules.
(2)
After index is finally settled the
records shall be printed by the petitioner and the proofs thereof shall be
compared with the documents and exhibits with the assistance of the staff of
the Labour Court or Tribunal.
(3)
In connection with the records to be sent
to the Supreme Court, the petitioner shall be charged fees at the following
rates.
|
Estimating
|
..
|
Rs. 16-00
|
|
Preparing Index
|
..
|
Rs. 0-06 np. per item
|
|
Examination of proofs
|
..
|
Rs. 0-25 np. for every page.
|
|
Certifying a copy of the record by the Secretary
|
..
|
Rs. 1-00 for every
|
|
of the Labour Court or the Tribunal
|
..
|
eight pages.
|
(4)
After the record is finally printed it
shall be transmitted to the Supreme Court at the expense of the petitioner, as
may be directed by the Supreme Court.]
Rule - 84AA. [Copies of settlement.
(1)
If any person who is a party to a
settlement or to whom a settlement is binding desires to obtain a certified
copy of the settlement, he shall make an application in writing-
(a)
to the Conciliation Officer concerned,
if the settlement is made before the Conciliation Officer; and
(b)
to the Commissioner of Labour,
Ahmedabad in all other cases.
(2)
On receipt of such application and on
payment of charges for copying the settlement at the rate of Rs. 1-00 per every
hundred words or fraction thereof, a copy of the settlement shall be supplied
to the applicant if the Conciliation Officer or as the case may be, the
Commissioner of Labour, is satisfied that the applicant is a party to the
settlement."]
Rule - 85. Authority to be given under clause (c) of sub-section (1) of Section 36.
The authority to be given by a workman or workmen under
clause (c) of sub-section (1) of section 36 shall be in Form XXV. Such
authority shall be signed by the workman or workmen concerned or by such number
of persons from among themselves as may be elected for this purpose at a
meeting attended by a majority of workmen who are parties to the dispute.
Rule - 86. Authority to be given under clause (c) of sub-section (2) of section 36.
The authority to be given by an employer under clause (c)
of subsection (2) of section 36 shall be in Form XXVI.
Rule - 87. Parties bound by acts of representative.
A party appearing by a representative shall be bound by the
acts of that representative.
Rule - 88. Delivery of application, letter, etc., when deemed to be sufficient.
When every any application, letter, summons, notice,
statement or intimation, is required to be forwarded or served under any of
these rules by registered post it shall be deemed to be sufficient compliance
with these rules if such application, letter, summons, notice, statement or
intimation is delivered by hand and an acknowledgement in writing, by or on
behalf of the party to whom it is forwarded or on whom it is intended to be
served, is obtained in respect of such delivery.
Rule - 89. Penalties.
Any breach of these rules shall be punishable with fine not
exceeding fifty rapes.
Rule - 90. Repeal.
The Industrial Disputes (Bombay) Rules, 1947, The Central
Provinces and Berar Industrial Disputes Rules, 1949, in their application to
the Vidarbha area, the Hyderabad Industrial Disputes Rules, 1950, in their
application to the Marathwada area, the Saurashtra Industrial Disputes Rules,
1948 and the Industrial Disputes (Central) Rules, 1947, in force in the Kutch
area of the State are hereby repealed :
Provided that any order made or action taken under the
Rules so repealed shall be deemed to have been made or taken under the
corresponding provisions of these rules.