THE INDUSTRIAL DISPUTES (KARNATAKA) RULES, 1957

THE INDUSTRIAL DISPUTES (KARNATAKA) RULES, 1957[1]

PREAMBLE

In exercise of the powers conferred by Section 38 of the Industrial Disputes Act, 1947 (Central Act No. XIV of 1947), the Government of Karnataka hereby make the following Rules, the same having been previously published in Notification No. L.S. 8406 L.W. 192-56-2, dated 17th December, 1956, as required by sub-section (1) of the said section.

Rule - 1. Title and application.

(1)     These rules may be called the Industrial Disputes (Karnataka) Rules, 1957.

(2)     They extend to the whole of the State of Karnataka in relation to an Industrial Dispute referred to in Section 2(a)(ii) of the Act.

Rule - 2. Interpretation.

In these rules, unless there is anything repugnant in the subject or context:

(a)      "Act" means the Industrial Disputes Act, 1947 (14 of 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 in the Schedule to these rules;

(e)      "State Government" means, Government of Karnataka;

(f)       "Section" means a section of the Act;

[2][(ff) "Trade Union" means a Trade Union registered under the Indian Trade Unions Act, 1926 (XVI of 1926);]

(g)      With reference to clause (g) of Section 2 of the Act, 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.

[3][(gg) The words and expressions not defined in these Rules shall have the meaning assigned to them under the Act.]

PART-I PROCEDURE FOR REFERENCE OF INDUSTRIAL DISPUTES 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 'A' and shall be delivered personally or forwarded by registered post [4][to the Secretary to Government in the Labour Department (in triplicate), the Commissioner of Labour, the Conciliation Officer concerned and the [5][Assistant Labour Commissioner/Labour Officer] concerned]. The application shall be accompanied by a statement setting forth,

[6][(a) the names and addresses of the parties to the dispute;]

(b)   the specific matters in dispute;

(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; and

(e)   the efforts made by the parties themselves to adjust the dispute.

Rule - 3-A. [Application before Labour Court.

An application under sub-section (4-A) of Section 10, shall be made to the concerned Labour Court, which shall be in the form of a claim statement. It shall specify the nature of dispute, the date of discharge, dismissal, retrenchment or termination.][7]

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 when the employer is an incorporated company or other body corporate, by the agent, manager or other Principal Officer of the Corporation, by the agent, manager or other Principal Officer of the Corporation;

(b)      in the case of workmen, either by the President and Secretary of Trade Union of the Workmen, or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose;

[8][(c) in the case of an individual workman, by the workman himself or by the President and Secretary of the trade union of which he is a member or by another workman in the same establishment duly authorised by him in this behalf.]

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 Karnataka Gazette.

Rule - 6. Notice to parties to nominate representatives.

(1)     If the State Government proposes to appoint a Board, it shall send a notice in Form 'B' 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, or if the employer is an incorporated company or a body corporate, to the agent, manager or other Principal Officer of 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 to the trade union; and

(b)      in the case of workmen who are not members of a trade union, to any one of the five representatives of the workmen who has 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 - 7. Arbitration Agreement.

An arbitration agreement for the reference of an Industrial Dispute to an arbitrator or arbitrators shall be made in Form 'C' and shall be delivered personally or forwarded by registered post [9][to the Secretary to the Government of Karnataka in charge of the Labour Department (in triplicate)], the Labour Commissioner, the [10][Assistant Labour Commissioner/Labour Officer] and the Conciliation Officer concerned. The agreement shall be accompanied by the consent in writing of the arbitrator or arbitrators.

Rule - 8. Attestation of the Arbitration Agreement.

The arbitration agreement shall be signed:

(a)      in the case of an employer, by the employer himself, or when the employer is an incorporated Company or other body corporate, by the agent, manager, or other principal Officer of the Corporation;

[11][(b) in the case of workmen, by any Officer of a Trade Union of the Workmen, or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose;

Explanation. In this Rule "Officer" means any of the following Officers, namely:

(a)      The President;

(b)      The Vice-President;

(c)      The Secretary (including the General Secretary);

(d)      The Joint Secretary;

(e)      Any other officer of the Trade Union authorised in this behalf by the President and Secretary of the Union.]

[12][(c) in the case of an individual workman, by the workman himself or by any Officer of a trade union of which he is a member or by another workman in the same establishment duly authorised by him in this behalf.]

Rule - 8A. [Notification regarding Arbitration Agreement by majority of each party.

Where an Industrial Dispute has been referred to arbitration and the State Government is satisfied that the persons making the reference represent the majority of each party, it shall publish a Notification in this behalf in the Official Gazette for the information of the employers and workmen who are not parties to the arbitration agreement but are concerned in the dispute.][13]

PART-III POWERS, PROCEDURE AND DUTIES OF CONCILIATION OFFICER, BOARDS, COURTS, LABOUR COURTS, TRIBUNALS AND ARBITRATORS

Rule - 9. Conciliation proceedings in Public Utility Service.

[14][(1)] The Conciliation Officer, on receipt of a notice of a strike or lock-out given under Rule 72 or 73, 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.

[15][(2) Where the Conciliation Officer receives no notice of a strike or lock-out under Rule 72 or Rule 73 but he considers it necessary to intervene in the dispute, he may 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 - 10. Conciliation proceedings in non-public utility service.

Where the Conciliation Officer receives any information about an existing or apprehended industrial dispute which does not relate to public utility service and he considers it necessary to intervene in the dispute, [16][at such place and at such time as he deems fit] 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 - 10A. [Parties to submit statements.

The employer or the party representing workmen involved in the industrial dispute shall forward a statement setting forth the specific matters in dispute to the Conciliation Officer concerned whenever his intervention in the dispute is required.][17]][18]

Rule - 10B. Proceedings before the Labour Court or the Tribunal.

[19][(1) Where the State Government refers any industrial dispute for adjudication to a Labour Court or Tribunal, within two weeks of the date of receipt of the order of reference, the party representing workmen [20][or in the case of an individual workman, the workman himself] and the employer involved in the dispute shall file with the Labour Court or Tribunal, as the case may be, a statement of the demands relating only to the issues as are included in the order of reference and shall also forward a copy of such statement to each one of the opposite parties involved in the said dispute:

[21][Provided that where the Labour Court, or the Tribunal as the case may be considers it necessary, it may

(a)      extend the time limit for filing of such statement; or

(b)      reduce the time limit for filing of such statement to one week in emergent cases for reasons to be recorded in writing; or

(c)      where both the parties agree, reduce the time limit for filing of such statement as per agreement; or

(d)      where both the parties agree, dispense with the requirement of filing such statement altogether.]]

(2)   Within two weeks of the receipt of the Statement referred to in sub-rule (1), the opposite party shall file its rejoinder with the Labour Court or Tribunal, as the case may be, and simultaneously forward a copy thereof to the other party:

Provided that such rejoinder shall relate only to such of the issues as are included in the order of reference.

[22][Provided further that where the Labour Court or the Tribunal, as the case may be, considers it necessary, it may

(a)      extend the time limit for filing of such rejoinder; or

(b)      reduce the time limit for filing of such rejoinder to one week in emergent cases for reasons to be recorded in writing; or

(c)      where both the parties agree, reduce the time limit for filing of such rejoinder as per agreement; or

(d)      where both the parties agree, dispense with the requirement filing of such rejoinder altogether.]

(3)   The Labour Court or Tribunal, as the case may be, shall ordinarily fix the date for the first hearing of the dispute within six weeks of the date on which it was referred for adjudication:

Provided that the Labour Court or Tribunal, as the case may be, may for reasons to be recorded in writing, fix a later date for the first hearing of the dispute.

(4)   The hearing shall ordinarily be continued from day-to-day and adjournments shall follow immediately after the closing of evidence.

(5)   The Labour Court or Tribunal, as the case may be, shall not ordinarily grant an adjournment for a period exceeding a week at a time, not more than 3 (three) adjournments in all at the instance of any one of the parties to the dispute:

Provided that the Labour Court or Tribunal, as the case may be, may for reasons to be recorded in writing, grant an adjournment exceeding a week or more than three adjournments at the instance of any one of the parties to the dispute.]

[23][(6) The Labour Court or Tribunal, as the case may be, shall make a brief memorandum of the substance of the evidence of every party or witness, as the examination of the party or of the witness proceeds, and such memorandum, shall be written and signed by the Presiding Officer of such Labour Court or Tribunals, as the case may be, with his own hand and shall form part of the record:

Provided that if the Presiding Officer is prevented from making such memorandum he shall record the reason of his inability to do so and shall cause such memorandum to be made in writing from his dictation and shall sign the same and such memorandum shall form part of the record:

Provided further that the Labour Court or Tribunal, as the case may be, may follow the procedure laid down in Rule 5, Order XVIII of the First Schedule to the Code of Civil Procedure, 1908, if it considers necessary so to do in view of the nature of the particular Industrial Dispute pending before it.]

Rule - 11. Meeting of Representatives.

The Conciliation Officer may hold a meeting of the representatives of both parties jointly or of each party separately.

Rule - 12. Expeditious of proceedings.

The Conciliation Officer shall conduct the proceedings expeditiously and in such manner as he may deem fit.

Rule - 13. Place and time of hearing.

[24][Subject to the provisions contained in Rules 10-A and 10-B, the sittings of a Board, Court, Labour Court, Tribunal or of an Arbitrator] shall be held at such times and places as the Chairman or the Presiding Officer or the Arbitrator, as the case may be, may fix and the Chairman, Presiding Officer or the Arbitrator, as the case may be, shall inform the parties of the same in such manner as he thinks fit:

Provided that as far as possible the sittings shall be held at or near the place where the dispute or matter which is before it arose.

Rule - 14. Quorum for Boards and Courts.

The quorum necessary to constitute a sitting of a Board or Court shall be as follows:

Rule - 15. Evidence.

A Board, Court, Labour Court or Tribunal or an Arbitrator may accept, admit or call for evidence at any stage of the proceedings before it/him and in such manner as it/he may think fit.

Rule - 16. Administration of oath.

Any member of a Board or Court or Presiding Officer or of a Tribunal, or an Arbitrator may administer oath.

Rule - 17. Summons.

A summons issued by a Board, Court, Labour Court or Tribunal shall be in Form 'D' and 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 - 18. Service of Summons or Notice.

Subject to the provisions contained in Rule 20, any notice, summons, process or order issued by a Board, Court, Labour Court or Tribunal or an Arbitrator, empowered to issue such notice, summons, process or order may be served either personally or by registered post.

Rule - 19. Description of parties in certain cases.

Where in any proceedings before a Board, Court, Labour Court or Tribunal or an Arbitrator, there are numerous persons arranged on any side, such persons shall be described as follows:

(1)     all such persons 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 or Tribunal or Arbitrator, as the case may be, may determine.

Rule - 20. Manner of service in the case of numerous persons as parties to a dispute.

(1)     Where there are numerous persons as parties to any proceeding before a Board, Court, Labour Court or 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, on 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 proceedings before a Board, Court, Labour Court or Tribunal or an Arbitrator and such persons are not members of any Trade Union or Association, the Board, Court, Labour Court or 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 affixing the same at or near the main entrance of the establishment concerned.

(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 - 21. 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 - 22. Inspection of documents.

All books, papers and other documents or things produced before a Board, Court, Labour Court or Tribunal whether voluntarily or in pursuance of summons may be inspected by the Board, Court, Labour Court or Tribunal and also by such parties as the Board, Court, Labour Court or Tribunal allows; but the information obtained therefrom shall not except as provided in the Act be made public; and such parts in the books, paper, documents or things as in the opinion of the Board, Court, Labour Court or Tribunal do not relate to the matters at issue may be sealed up.

Rule - 23. Board, Court, Labour Court or Tribunal or Arbitrator may proceed ex parte.

If without good cause shown, any party to proceedings before a Board, Court, Labour Court or Tribunal or Arbitrator fails to attend or to be represented, the Board, Court, Labour Court or Tribunal or Arbitrator may proceed as if he had duly attended or had been represented.

Rule - 24. Power of Entry and Inspection.

A Board or Court, or any member thereof, or a Conciliation Officer or a Labour Court or 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 the Conciliation Officer, the Board, Court, Labour Court or Tribunal under the Act, at any time between hours of sunrise and sunset 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 place or premises whatsoever, and inspect the same or any work, machinery, appliance 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.

Rule - 25. Powers of Boards, Courts, Labour Courts and Tribunals.

(1)     In addition to the powers conferred by the Act, Boards, Courts, Labour Courts and Tribunals 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 adjournment;

(c)      reception of evidence taken on affidavit;

and the Board, Court, Labour Court or Tribunal, may summon and examine 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.

(2)     Subject to the provisions of sub-rule (1), the Tribunal shall also have the power to consolidate a number of references under Section 10 arising in the same Industry and having common issues and give a single Award determining such issues:

Provided that the Tribunal shall before giving its Award take into consideration the financial capacity of each undertaking or any other factor which needs special consideration.

Rule - 26. Assessors.

Where assessors are appointed to advise a Tribunal under sub-section (4) of Section 7-A or sub-section (4) of Section 7-B or by the Court, Labour Court or Tribunal under sub-section (5) of Section 11, the Board, Court, Labour Court or Tribunal, as the case may be, shall, in relation to proceeding before it, obtain the advice of such assessors, but such advice shall not be binding on it.

Rule - 27. Fees for copies of award or other documents of Labour Court or Tribunal.

(1)     Fees for making a copy of an award or an order of a Labour Court or Tribunal or any documents filed in any proceedings before a Labour Court or Tribunal be charged as follows:

(a)      for the first [25][175] words or less [26][0.35 P];

(b)      for every additional [27][175] words or fraction thereof, [28][0.35 P.] provided that where an award or order or a document exceeds five pages, the approximate number of words per page shall be taken as the basis for calculating the total number of words, to the nearest hundred, for the purpose of assessing the copying fee.

(2)     For certifying a copy of any such award or order or document, a fee of Re. 1/- shall be payable.

(3)     Copying and certifying fees shall be payable in cash [29][in advance or in Court Fee Stamps, impressed or adhesive.]

(4)     Where a party applies for immediate delivery of a copy of any such award or order document, [30][an additional fee calculated at the rate of five paise for every one hundred and seventy-five words or a fraction thereof, subject to a minimum of one rupee and a maximum of five rupees], shall be payable.

Rule - 28. 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 - 29. Correction of errors.

The Labour Court or Tribunal or Arbitrator may correct any clerical mistake or error arising from an accidental slip or omission in any award it/he issues.

Rule - 30. Right of representatives.

The representatives of the parties appearing before a Board, Court, Labour Court or Tribunal or an Arbitrator shall have the right of examination, cross-examination and of addressing the Board, Court, Labour Court or Tribunal or Arbitrator when an evidence has been called.

Rule - 31. Proceedings before a Board, Court, Labour Court or Tribunal.

The proceedings before the 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 its proceedings shall be held in camera.

PART-IV REMUNERATION OF ARBITRATORS, CHAIRMAN AND MEMBERS OF COURTS, PRESIDING OFFICERS OF LABOUR COURTS, TRIBUNALS, ASSESSORS AND WITNESSES

Rule - 32. Travelling allowance.

The Chairman or a Member of a Board or Court or 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 any journey performed by him in connection 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 Karnataka Services Regulations.

Rule - 33. Fees.

The Chairman and 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 - 33A. [Leave and other matters.

The Presiding Officer of an Industrial Tribunal or a Labour Court, the Chairman and the Members of the Board of Conciliation and the Assessors when such Assessors are Government servants, shall so far as leave and other matters pertaining to leave are concerned, be governed by the provisions contained in Part III of the Karnataka Civil Services Rules, 1958.][31]

Rule - 34. Expenses of witnesses.

Every person who is summoned and duly attends or otherwise appears as a witness before a Board, Court, Labour Court or 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 Karnataka State.

PART-V NOTICE OF CHANGE

Rule - 35. 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 [32][to the Act] shall give notice of such intention in Form 'E'. 1[The notice shall be displayed conspicuously by the employer on a notice board at the main entrance to the Establishment and in the Manager's office:

Provided that where any registered trade union of workmen exists, a copy of the notice shall also be served by registered post on the Secretary of such Union.]

Rule - 36. [Manner of service of Notice of change.

[33][x x x x x.]

PART-VI REPRESENTATION OF PARTIES

Rule - 37. Form of Authority under Section 36.

The authority in favour of a person or persons to represent a workman or group of workmen or an employer in any proceeding under the Act shall be in Form 'F'.

Rule - 38. Parties bound by acts of representatives.

A party appearing by a representative shall be bound by the acts of that representative.

PART-VII 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 and 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. Constitution with Trade Unions.

(1)     Where any workmen of an establishment are members of a registered 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.

(2)     Where an employer has reason to believe that the information furnished to him under sub-rule (1) by any trade union is false, he may, after informing the union, refer the matter to the Conciliation Officer concerned for his decision; and the Conciliation Officer, [34][after giving both parties a reasonable opportunity to be heard,] shall decide the matter and his decision shall be final.

[35][(3) Where the union fails to submit the information called for by the employer under sub-rule (1) within a period of sixty days, the employer should proceed with the constitution of the Works Committee, as if the said Union has no members in 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 registered trade union or unions, and

(2)     Those to be elected by the workmen of the establishment who are not members of the registered trade union or unions,

bearing the same proportion to each other as the union members in the establishment bear to the non-members:

Provided that where more than half the workmen are members of the union or any of the unions, no such division shall be made:

Provided further that where a registered trade union neglects or fails to furnish the information called for under sub-rule (1) of 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:

Provided further that where any reference has been made by the employer under sub-rule (2) of Rule 42, the election shall be held, [36][not later than three weeks after the receipt of] the decision of the Conciliation Officer.

Rule - 44. Electoral Constituencies.

Where under Rule 43 the workmen's representatives are to be elected in two groups, the workman entitled to vote shall be divided into two electoral constituencies, the one consisting of those who are members of a registered trade union and the other of those who are not:

Provided that the employer may, if he thinks fit, sub-divide the two electoral constituencies and direct that workmen shall vote in either by groups, sections, shops or departments.

Rule - 45. 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.

[37][Explanation. A workman who has put in a continuous service of not less than one year in two or more establishments belonging to the same employer shall be deemed to have satisfied the service qualification prescribed under this rule.]

Rule - 46. Qualification for voters.

[38][(1)] 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.

[39][(2) The employer shall display a list of workmen entitled to vote in the election of the representatives of workmen on the Notice Board of the establishment, or in any other conspicuous place in such establishment, in English and in the language understood by the majority of the workmen in the establishment.]

Rule - 47. Procedure for election.

(1)     The employer shall fix a date as the closing date of receiving nominations from candidates for election as workmen's representatives 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 [40][fifteen] days after the closing date for receiving nominations.

(3)     The date so fixed shall be notified at least seven days in advance to the workmen and the registered trade union or unions concerned. Such notice shall be 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 number to be elected by the members of the registered trade union or unions and by the non-members.

(4)     A copy of such notice shall be sent to the registered trade union or unions concerned.

Rule - 48. Nomination of candidates for election.

(1)     Every nomination shall be made on a nomination paper in Form 'G' 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 - 49. 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 45 or (b) the requirements of Rule 48 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 - 49A. [Withdrawal of candidates validly nominated.

Any candidate whose nomination for election has been accepted may withdraw his candidature within 48 hours of the completion of scrutiny of nomination papers.][41]

Rule - 50. Voting in election.

(1)     If the number of candidates who have been validly nominated [42][is equal to or less than] 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 elections shall be held in such manner as may be convenient for each electoral constituency.

(4)     The voting shall be conducted by the employer [43][with due regard to secrecy of voting and arrangements shall be made so that the voters can record their vote screened from observation], and if any of the candidates 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 - 51. Arrangements for election.

The employer shall be responsible for all arrangements in connection with the election.

Rule - 52. Officers of the Committee.

(1)     The Committee shall have among its office bearers a Chairman, a Vice-Chairman, a Secretary and a Joint Secretary. The Secretary and Joint Secretary shall be elected every year.

[44][(2) The Chairman shall be nominated by the employer from amongst the employers' representatives on the Committee and he shall, as far as possible, be the head of the establishment.

(2-A) The Vice-Chairman shall be elected by the members on the Committee representing the workers, from amongst themselves:

Provided that in the event of equality of votes in the election of the Vice-Chairman, the matter shall be decided by the draw of lots.]

Rule - 53. Term of Office.

[45][(1) The term of office of the representatives on the Committee other than a member chosen to fill a casual vacancy, shall be two years.]

(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.

[46][(4) If fresh elections are not held immediately after the expiry of the said term, representatives shall continue to be on the committee, until such time as fresh elections are held.]

Rule - 54. Vacancies.

In the event of workmen's representative ceasing to be a member under sub-rule (3) of Rule 53 or ceasing to be employed in the establishment or in the event of his resignation, death or otherwise, his successor shall be elected in accordance with the provisions of this part from the same group, section, shop or department to which the member vacating the seat belonged.

Rule - 55. 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 meetings only for the period during which the particular question is before the Committee.

Rule - 56. Meetings.

(1)     The Committee may meet as often 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 - 57. Facilities for meeting, etc.

[47][(1)] 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.

[48][(2) The Secretary, or if so authorised, the Joint Secretary of the Committee may, with the prior concurrence of the Chairman, put up notice regarding the work of the committee on the notice board of the Establishment.]

Rule - 58. 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 Works Committee at any time, by an order in writing, if he or it is satisfied that the Committee has not been constituted in accordance with these rules or that not less than the two-thirds of the number of representatives of the workmen have, without any reasonable justification failed 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, such Officer or authority shall, take steps to reconstitute the Committee in accordance with these rules.

Rule - 58A. [Submission of returns.

The employer shall submit half-yearly returns in Form G-1 in triplicate to the Labour Officer concerned not later than the 20th day of the month following the half year. Such returns shall be delivered or sent by registered post to the said Labour Officer.][49]

PART-VIII

Rule - 59. Memorandum of Settlement.

(1)     A settlement arrived at in the course of conciliation proceedings or otherwise, shall be in Form 'H'.

(2)     The settlement shall be signed by:

(a)      in the case of an employer, by the employer himself, or by his authorised agent, or when the employer is an incorporated Company or other body corporate, by the agent, manager or other Principal Officer of the Corporation;

[50][(b) in the case of workmen, by any Officer of a Trade Union of the workmen, or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose;

Explanation. In this Rule "Officer" means any of the following Officers, namely:

(a)      The President;

(b)      The Vice-President;

(c)      The Secretary; (including the General Secretary)

(d)      A Joint Secretary;

(e)      Any other Officer of the Trade Union authorised in this behalf by the President and Secretary of the Union.]

[51][(c) in the case of the workman in an industrial dispute under Section 2-A of the Act, by the workman concerned.]

(3)     Where a settlement is arrived at in the course of conciliation proceeding, the Conciliation Officer shall send a report thereof to the State Government together with a copy of the memorandum of settlement signed by the parties to the dispute.

(4)     Where a settlement is arrived at between an employer and his workmen otherwise than in the course of conciliation proceeding before a Board or a Conciliation Officer, the parties to the settlement shall jointly send a copy thereof to the State Government, the Labour Commissioner, and the Assistant Labour Commissioner and to the Conciliation Officer concerned.

Rule - 60. Complaints regarding change of conditions of service, etc.

(1)     Every complaint under Section 33-A of the Act shall be presented in triplicate in Form I and shall be accompanied by as many copies of the complaint as there are opposite parties to the complaint.

(2)     Every complaint under sub-rule (1) shall be verified at the foot by the workmen 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 references to the numbered paragraphs of the complaint, what he verifies of his own 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 on which and the place at which it was signed.

Rule - 61. Application under Section 33.

(1)     An employer intending to obtain the 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 'J' 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 'K' 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 numbered paragraphs of 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 - 62. Protected Workmen.

(1)     Every registered trade union connected with an industrial establishment, to which the Act applies shall communicate to the employer, before the [52][30th April] every year, the names and addresses of such of the officers of the union who are employed in that establishment and who in the opinion of the union, should be recognised as "protected workmen". Any change in the incumbency of any such officer shall be communicated to the employer by the Union within fifteen days of such change.

(2)     The employer shall, subject to Section 33, sub-section (4) 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 [53][receipt] of the names and addresses under sub-rule (1), the list of workmen recognised as protected workmen [54][for the period of twelve months from the date of such communication.]

(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 Section 33, sub-section (4), the employer shall recognise as protected workmen only such maximum number of workmen:

Provided that, where there is more than one registered trade union in the Establishment, the maximum number shall be so distributed by the employer among the unions that the numbers of recognised protected workmen in individual unions 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 the Union the number of protected workmen allotted to it:

Provided further that where the number 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 registered Trade Union in any matter connected with the recognition of 'protected workmen' under this rule, the dispute shall be referred to the Conciliation Officer concerned, whose decision thereon shall be final.

Rule - 63. [Application for recovery of dues.

(1)     Where any money is due from an employer to a workman or a group of workmen under a settlement or an award or under the provisions of Chapter V-A, the workmen or the group of workmen, as the case may be, may apply in Form K-1 for the recovery of the money due:

Provided that in the case of a person authorised in writing by the workman, or in the case of the death of the workman, the assignee or the heir of the deceased workman, the application shall be made in Form 'K-2'.

(2)     Where any workman or a group of workmen is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money, the workman or the group of workmen, as the case may be, may apply to the specified Labour Court in Form K-3 for the determination of the amount due or, as the case may be, the amount at which such benefit should be computed.][55]

Rule - 64. Appointment of Commissioner.

Where it is necessary to appoint a Commissioner under sub-section (3) of Section 33-C of the Act, 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 or Secretary of a Labour Court, or Tribunal constituted under any Provincial Act or State Act or of a Labour Court, or Tribunal constituted under the Act of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950.

Rule - 65. 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 Commissioner 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 instalments and on 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 was deposited.

Rule - 66. 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 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 - 67. Local investigation.

In any industrial dispute in which the Labour Court deems a local investigation to be requisite or proper for the purpose of communicating the money value of a benefit, the Labour Court may issue a Commission to a person referred to in Rule 64 directing him to make such investigation and to report thereon to it.

Rule - 68. 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 - 69. 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 witnesses 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 - 70. Summoning of witnesses, etc.

(1)     The Provisions of the Code of Civil Procedure, 1908 (Act V of 1908), relating to the summoning, attendance, examination of [56][witnesses] and penalties to be imposed upon witness, 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 as a witness before the Commissioner shall be entitled to payment by the Labour Court out of the sum deposited under Rule 65 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 - 71. 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 proceedings before the Labour Court.

Rule - 72. Notice of strike.

(1)     The notice of strike to be given by workmen in a public utility service shall be in Form 'L'.

(2)     On receipt of a notice of a strike under sub-rule (1), the employer shall forthwith intimate the fact to the Conciliation Officer having jurisdiction in the matter.

Rule - 73. Notice of lock-out.

The notice of lock-out to be given by an employer carrying on a public utility service shall be in Form 'M'.

[57][The notice shall be displayed conspicuously by the employer on a Notice Board at the main entrance to the establishment and in the Manager's Office:

Provided that where a registered Trade Union exists a copy of the notice shall also be served on the Secretary of the Union.]

Rule - 74. Report of lock-out or strike.

The notice 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 'N'.

Rule - 75. 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 appointed for the area concerned, with copy by registered post to:

(1)     The Secretary to the Government in the Labour Department.,

(2)     The Labour Commissioner,

(3)     The District Magistrate concerned.

Rule - 76. Register of settlements.

The Conciliation Officer shall file all settlements effected under this Act in respect of disputes in the area within his jurisdiction in a register maintained for the purpose as in Form 'O'.

Rule - 76A. [Notice of lay-off.

(1)     If any workman employed in an industrial establishment as defined in the explanation below Section 25-A of the Industrial Disputes Act, 1947 not being an industrial establishment referred to in sub-section (1) of that section is laid-off, then, the employer concerned shall give notices of commencement and termination of such lay off in Forms O-1 and O-2 respectively within seven days of such commencement or 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.][58]

Rule - 76B. [Application for permission for lay-off under Section 25-M.

(1)     Application for permission to lay-off any workman under sub-section (1), or for permission to continue a lay-off under sub-section

(2)     of Section 25-M shall be made in Form O-3 and delivered to 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 is delivered to the said authority shall be deemed to be the date on which the application is made for the purposes of sub-section (4) of the said section.

(3)     The application for permission shall be made in triplicate and sufficient number of copies of the application for service on the workmen concerned shall also be submitted along with the application.

(4)     The employer concerned shall furnish to the authority to whom the application for permission has been made such further information as the authority considers necessary for arriving at a decision on the application as and when called for by such authority, so as to enable the authority to communicate the permission or refusal to grant permission within the period specified in sub-section (4) of Section 25-M.

(5)     Where the permission to lay-off has been granted by the said authority, the employer concerned shall give to the Commissioner of Labour in Karnataka, Bangalore, a notice of commencement and termination of such lay-off in Form O-1 and O-2 respectively and where permission to continue a lay-off has been granted by the said authority, employer shall give to the Commissioner of Labour in Karnataka a notice of commencement of such lay-off in Form O-1, in case such a notice has not already been given under sub-rule (1) of Rule 76-A, and a notice of termination of such lay-off in Form 'O-2'.

(6)     The notice of commencement and termination of lay-off referred to in sub-rule (4) shall be given within the period specified in sub-rule (1) of Rule 76-A.][59]

Rule - 77. [Notice of retrenchment.

If any employer desired to retrench any workman employed in his industrial establishment who has been in continuous service for not less than one year under him (hereinafter referred to as 'workman' in this rule and in Rules 78 and 79), he shall give notice of such retrenchment as in Form 'P' to the State Government, the Commissioner of Labour, the Regional Deputy Labour Commissioner and the Employment Exchange concerned and such notice shall be served on the Government, the Commissioner of Labour, the Regional Deputy Labour Commissioner and the Employment Exchange by registered post in the following manner:

(a)      Where notice is given to the workman, notice of retrenchment shall be sent within three days from the date on which notice is given to the workman;

(b)      Where no notice is given to the workman and he is paid one month's wages in lieu thereof, notice of retrenchment shall be sent within three days from the date on which such wages are paid; and

(c)      Where retrenchment is carried out under an agreement which specifies a date for the termination of service, notice of retrenchment shall be sent so as to reach the State Government, the Commissioner of Labour, the Regional Deputy Labour Commissioner, and the Employment Exchange concerned, at least one month before such date:

Provided that if the date of termination of service agreed upon is within 30 days of the agreement, the notice of retrenchment shall be sent to the State Government, the Commissioner of Labour, the Regional Deputy Labour Commissioner, and the Employment Exchange within 3 days of the agreement.

Rule - 77A. Notice of, and application for permission for retrenchment.

(1)     Notice under clause (c) of sub-section (1) of Section 25-N for retrenchment shall be served in Form 'P-A' and served on the State Government or such authority as may be specified by that Government under the said clause either personally or by registered post acknowledgement due and where the notice is served by registered post, the date on which the same is delivered to the State Government or the authority shall be deemed to be the date of service of the notice for the purposes of sub-section (3) of the said section.

(2)     Application for permission for retrenchment under sub-section 4 of Section 25-N shall be made in Form 'P-B' (with attested copy of the notice given by the employer under clause (a) of Section 25-F appended thereto) and delivered to the State Government or to such authority as may be specified by that Government either personally or by registered post acknowledgement due and where the application is sent by registered post the date on which the same is delivered to the State Government or the authority shall be deemed to be the date on which the application is made for the purposes of sub-section (5) of the said section.

(3)     The notice or, as the case may be, the application shall be served or made in triplicate and sufficient number of copies of the application for service on the workmen concerned shall be submitted along with the notice, or as the case may be, the application.

(4)     The Employer concerned shall furnish to the State Government or the authority to whom the notice for retrenchment has been given or the application for permission for retrenchment has been made under clause (c) of sub-section (1) or as the case may be, sub-section (4) of 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 notice or, as the case may be, the application as and when called for by such authority so as to enable the State Government or the authority to communicate its permission or refusal to grant permission with the period specified in sub-section (3) or, as the case may be, sub-section (5) of the said Section 25-N.

Rule - 77B. Notice of closure.

If an employer intends to close down an undertaking, he shall give notice of such closure in Form 'Q' to the State Government, the Commissioner of Labour, the Regional Deputy Labour Commissioner and the Employment Exchange concerned, by registered post.

Rule - 77C. Notice of, and application for permission for closure.

(1)     Notice under sub-section (1) of Section 25-O of intended closure shall be given in Form 'Q-A' and served on the State Government either personally or by registered post acknowledgement due.

(2)     Application for permission to close down an undertaking under sub-section (3) of Section 25-O shall be made in Form 'Q-B' (with attested copy of the notice served by the employer under sub-section (1) of Section 25-FFA appended thereto) and delivered 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 is delivered to the State Government shall be deemed to be the date on which the application is made for the purposes of sub-section (4) of the said section.

(3)     The notice or, as the case may be, the application shall be made in triplicate.

(4)     The Employer concerned shall furnish to the State Government to whom the notice of intended closure has been given or the application for permission to close down has been made such further information as the Government considers necessary and calls for from such employer, for arriving at a decision on the notice, or, as the case may be, the application.][60]

Rule - 78. 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 that category and cause a copy thereof to be posted on as notice board in a conspicuous place in the premises of the industrial establishment at least seven days before the actual date of retrenchment.

Rule - 79. [Re-employment of retrenched workmen.

(1)     At least ten days before the date on which vacancies are to be filled, the employer shall arrange for a display on a notice board in a conspicuous place in the premises of the Industrial Establishment details of those vacancies and shall also give intimation of those vacancies to every one of the retrenched workmen eligible to be considered therefor, by registered post, acknowledgement due to the address given by him at the time of the retrenchment or at any time thereafter. After having sent such an intimation as above, the employer shall wait for seven days and if in the meanwhile the notice is returned without service to the addressee or is not returned he shall again send another notice of intimation by registered post with acknowledgement due:

Provided that if a retrenched workman does not offer himself for re-employment in spite of the intimation sent by the employer in the manner indicated above within a period of seven days from the date of service of the notice or seven days from the date of issue of second notice whichever is later the employer may not intimate to him the vacancies that may be filled on any subsequent occasion:

Provided further that where the number of such vacancies is less than the number of retrenched workmen, it shall be sufficient, if intimation is given by the employer individually to the seniormost retrenched workmen, in the list referred to in Rule 78 the number of such workmen being not less than double the number of such vacancies:

Provided further that where the vacancy is of a duration of less than one month there shall be no obligation on the employer to send intimation of such vacancy to individual retrenched workmen.

(2)     Immediately after complying with the provisions of sub-rule (1), the employer shall also inform the Trade Unions connected with the Industrial Establishment, of the number of vacancies to be filled and names of the retrenched workmen to whom intimation has been sent under that sub-rule:

Provided that the provisions of this sub-rule need not be complied with by the employer in any case where intimation is sent to every one of the workmen mentioned in the list prepared under Rule 78.][61]

Rule - 80. Penalties.

Any breach of these rules shall be punishable with fine not exceeding fifty rupees.

Rule - 81. [Repeal and savings.

(1)     The Industrial Disputes (Karnataka) Rules, 1951.

(2)     The Madras Industrial Disputes Rules, 1948, as in force in the South Kanara District and Kollegal Taluk.

(3)     The Industrial Disputes (Bombay) Rules, 1947, as in force in the Districts of Belgaum, Bijapur, North Kanara and Dharwar.

(4)     The Hyderabad Industrial Disputes Rules, 1950, as in force in the Gulbarga, Bidar and Raichur Districts, and

(5)     The Industrial Disputes (Central) Rules, 1947, as in force in the Coorg District, 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.][62]