THE KERALA INDUSTRIAL DISPUTES RULES, 1957

[1][THE KERALA INDUSTRIAL DISPUTES RULES, 1957

PREAMBLE

In exercise of the powers conferred by Section 38 of the Industrial Disputes Act, 1947 (Central Act XIV of 1947) the Government of Kerala hereby makes the following Rules the same having been previously published as required by Sub-Section (1) of the Section. These rules will come into force with effect from 10-03-1957.

Preliminary

Rule - 1. Title and applications.

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

(2)     The extend to whole of Kerala State and shall also apply in relation to all industrial dispute concerning any industry business and under taking carried on by or under the authority of the Government.

Rule - 2. Interpretation.

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

(a)      "Act" means the Industrial Disputes Act, 1947 (Central Act XIV 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)      "Section" means a section of the Act;

(f)       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 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 Disputes to Boards of Conciliation, Courts, of Enquiry, Labor Courts, and 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, Labor Court or Tribunal shall be made in Form A and shall be delivered to personally or forwarded by registered Post. [2][to the Secretary to the Government in the Department of Labor, Trivandrum (in triplicate), to the Labor Commissioner Trivandrum the District Labor Officer and the Deputy Labor Officer, concerned]. The application shall be accompanied by a statement setting forth -

(a)      the parties to the dispute;

(b)      the specific matters in dispute;

(c)      the total number of workmen employed in the under taking 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 - 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;

(b)      In the case of workmen, either by the President and a Secretary of trade union of the workmen, or by five representatives of the workmen duly authorized in this behalf at a meeting of the workmen held for the purpose.

[3][(c) In the case of an individual workman, by the workman himself or by any officer of the trade union of which he is a member or by another workman in the same establishment duly authorized by him in this behalf:

Provided that such workman is not a member of different trade union]

Rule - 5. Notification of appointment of Board, Court, Labor Court, or Tribunal.

The appointment of a Board, Court, Labor Court or Tribunal together with the names of persons constituting the Board, Court, Labor Court or Tribunal shall be notified in the Official Gazette.

Rule - 6. Notice to parties to nominate representatives.

(1)     If the 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 of the trade union; and

(b)      in the case of workmen who are not members of a trade union, to any one workman 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 [4][to the Secretary to the Government in the Department of Labor, Trivandrum (in triplicate) the Labor Commissioner, Trivandrum and the Conciliation Officer concerned in the Department of Labor.

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;

[5][(b) In the case of the workmen, by any officer of a trade union of the workmen or by five representatives of the workmen duly authorized 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 authorized in this behalf by the President and Secretary of the Union]

[6][(c) in the case of an individual workman by the workman himself or by any officer of the trade union of which he is a member or by another workman in the same establishment duly authorized by him in this behalf:

Provided that such workman is not a member of a different trade union].

Rule - 8A. [Notification regarding arbitration agreement by majority of each party.

Where an industrial dispute has been referred to arbitration and the Government is satisfied that the persons making the reference represented the majority of each party, it shall publish notification in this behalf in the Official Gazette for the information of the employers and workman who are not parties to the arbitration agreement but are concerned in the dispute][7].

Part III Powers, Procedure and Duties of Conciliation Officers, Boards, Courts, Labor Courts, Tribunals and Arbitrators

Rule - 9. Conciliation proceedings in public utility service.

The conciliation officer, on receipt of a notice of a strike or lockout given under rule 71 or rule 72, 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 endeavor to bring about a settlement of the dispute in question.

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, he shall give formal intimation 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.

(1)     The party representing workmen [8][or in the case of an individual workman, the workman himself.] involved in a dispute in a non-public utility service shall forward a statement of its demands along with a copy of the notice prescribed under rule 71 to the Conciliation officer concerned. The statement shall be accompanied by as many spare copies there of as there are opposite parties.

(2)     The party representing workman [9][or in the case of an individual workman, the workman himself,] involved in a dispute in a non-public utility service, shall forward a statement of its demands to the Conciliation Officer concerned before such date as may be specified by him for commencing conciliation proceedings. The statement shall be accompanied by as many spare copies there of as there are opposite parties.

(3)     The statement of demands submitted by the party representing the workmen [or in the case of an individual workman, the workman himself,] under sub-rule (1) or sub-rule (2) shall be transmitted to the Government by the Conciliation Officer concerned with his report under sub-section (4) of section 12.

(4)     Where an employer, or a party representing workmen [10][or in the case of an individual workman, the workman himself,] applies to the Government for reference of an industrial dispute to a Labor Court or Tribunal, such application shall be accompanied by a statement of the demands or points in dispute, with as many spare copies there of as there are opposite parties.

(5)     The statement referred to in sub-rules (1), (2) and (4) and every copy thereof required under the said sub-rules to accompany the said statement shall be duly signed, on behalf of the party, by the person making it.][11]

Rule - 10-B. [Proceedings before the Labor Court or Tribunal.

(1)     Where the Government refers any case for adjudication to a Labor Court or Tribunal, it shall send to the Labor Court or Tribunal, concerned and to the opposite party concerned in the industrial dispute, a copy of every such order of reference together with a copy of the statement received by the Government under sub-rule (3) or sub-rule (4) of rule 10A.

(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 Labor 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 for reference:

[12][Provided further that where the Labor Court, or 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 of filing such rejoinder altogether.]

[13][(e) allow at any stage of the proceedings amendments to such rejoinder to the extend as may be necessary for the purpose of determining the real issues included in the order of references.]

(3)     The Labor 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 Labor Court or Tribunal, as the case may be, may, for reasons to be recorded in writing, fix a latter date for the first hearing of the dispute.

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

(5)     The Labor 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 three adjournments in all at the instance of any one of the parties to the dispute:

Provided that the Labor 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.

[14][(6) The Labor Court 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 Labor Court or the Tribunal as the case may be, with his own hand shall form part of the record:

Provided that if the Labor Court or Tribunal as the case may be 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 Labor Court or Tribunal as the case may be may follow the procedure laid down in rule 5 of 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][15]

Rule - 11.

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

Rule - 12.

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

Rule - 13. Place and time hearing.

[16][Subject to the provisions contained in Rules 10A and 10B, the sittings of a Board, Court, Labor Court or 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.

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, Labor Court or Tribunal or an Arbitrator may accept, admit or call for evidence at any state 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 of a Labor Court or Tribunal or an Arbitrator may administer an oath.

Rule - 17. Summons.

A summons issued by a Board, Court, Labor 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, Labor Court or Tribunal which the Board, Court, labor Court, or Tribunal thinks necessary for the purpose 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, Labor Court, Tribunal or an Arbitrator empowered to issue such notice, summons, process or order, may be served either personally or by registered post, and in the event of refusal by the party concerned to accept a notice, summons, process or order sent to him by registered post, an endorsement by the postal employee to that effect shall be deemed to be prima facie proof of service.][17]

Rule - 19. Description of parties in certain cases.

Where in any proceeding before a Board, Court, Labor Court or Tribunal or an Arbitrator, there are numerous persons arrayed 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, Labor 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, Labor 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 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, Labor Court, Tribunal or an Arbitrator and such persons are not members of any trade union or association, the Board, Court, labor 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 affixing the same at or near the main entrance of the establishment concerned.

(3)     A notice exhibited as mentioned 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, Labor 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. Board, Court, Labor Court, Tribunal or Arbitrator may proceed exparte.

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

Rule - 23. Setting aside exparte decision.

(1)     The Board, Court, Labor Court, Tribunal or Arbitrator may for sufficient cause set aside after notice to the opposite party the exparte decision either wholly or in part on an application made within fifteen days of the exparte decision. The Board, Court, Labor Court, Tribunal or Arbitrator may extend the time on sufficient cause being shown.

(2)     Such an application must be supported by an affidavit.

Rule - 24. Power of entry and inspection.

A Board or Court or any member thereof, or a Labor Court or Tribunal, or any person authorized in writing by the Board, Court, Labor Court or Tribunal in this behalf may, for the purposes of any investigation, enquiry or adjudication entrusted to the Board, Court, Labor Court or Tribunal under the Act, at any time between the hours of sunrise and sunset and in the case of a person authorized in writing by a Board, Court, Labor 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 investigation, enquiry or adjudication.

Rule - 25. Power of Boards, Courts, Labor Courts and Tribunals.

In addition to the powers conferred by the Act, Boards, Courts, Labor 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 adjournment;

(c)      reception of evidence taken on affidavit;

and the Board, Court, Labor 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.

Rule - 26. Assessors.

Where assessors are appointed to advise a Tribunal under sub-section (4) of section 7A or by the Court, Labor Court or Tribunal under sub-section (5) of section 11, the Court, Labor 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 - 26A. [Publication of report or award.

Every report of a Board or award of a Labor Court or Tribunal required to be submitted to the Government under section 15 shall be sent to the Government. The report/award so sent shall, within 30 days from the date of its receipt by the Government, be pronounced in the Open Court by the Board, Labor Court or Tribunal concerned and be published in the notice-board of the Labor Court or Tribunal and the same shall be deemed to be sufficient publication for the purpose of section 17:

Provided that the Board, Labor Court or Tribunal, as the case may be, shall inform the State Government and the parties concerned of the date of such pronouncement in Open Court.][18]

Rule - 27. Fees for copies of awards or other documents of [Labor Court, Tribunal or Arbitrator][19].

[20][(1) Fees for making a copy of an award of a Labor Court, or Tribunal or Arbitrator or any document in the custody of or filed in any proceedings before a labor court or Tribunal or Arbitrator be charged as follows:-]

(a)      for the first 200 words or less, [21][Re. 1 and 50 paise:]

(b)      for every additional 100 words or fraction thereof, [22][74 paise:]

Provided that where an award 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 document, a fee of [23][Rs. 2] shall be payable.

(3)   Copying and certifying fees shall be payable in cash in advance.

[24][(4) When a party applies for urgent delivery of a copy of such award or document such copies shall ordinarily be delivered within a period of seven days from the date on which such application is filed after levying an additional fee of Rs. 20.]

[25][(5) In the case of individual arbitrators, copies of documents referred to in sub rule (1) shall be issued by the Labor Commissioner if the case is disposed of by the arbitrator and the case files, documents, etc. in the custody of the Arbitrator are transferred to the Labor Commissioner.]

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.

A Board, Court, Labor Court, Tribunal or an Arbitrator may at any time correct any clerical mistake or error arising from an accidental slip or omission in any proceedings, report, award or decision either of its or his own motion or on the application of any of parties][26]

Rule - 30. Right of representatives.

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

Rule - 31. Proceedings before a Board, Court, Labor Court of Tribunal.

The proceedings before a Board, Court, Labor Court or Tribunal shall be held in public:

Provided that the Board, Court, Labor 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 Boards and Courts, Presiding Officers of Labor Courts and Tribunal, Assessors, Witnesses and Staff

Rule - 32. Travelling allowance.

The Chairman or a member of a Board or Court, or the Presiding Officer or an Assessor of a Labor Court or Tribunal or an Arbitrator, 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 class under the Service Regulations in force.

Rule - 33. Fees.

the Chairman and a member of a Board or Court, the Presiding Officer and an Assessor of a Labor Court, or Tribunal or an Arbitrator wherever he is not a salaried officer of Government may be granted such fees as may be sanctioned by the Government in each case.

Rule - 34. Expenses of witnesses.

Every person who is summoned and duly attends of otherwise appears as a witness before a Board, Court, Labor 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 State where the investigation, enquiry, adjudication or arbitration is being conducted.

Rule - [34A.

Notwithstanding anything contained in rules 32, 33 and 34 Travelling Allowance and fees for an Arbitrator, and expenses of witnesses summoned by the Arbitrator, other than that of the Chairman and Members of the State Arbitration Board and of every non-official chosen as Arbitrator by Government or by the Conciliation Officer at the instance of Government shall not be met by the Government.][27]

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 workmen in respect of any matter specified in the Fourth Schedule [28][to the Act] shall give notice of such intention in Form E. [29][The notice shall be displayed conspicuously by the employer on a notice board at the main entrance to the establishment and in 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.

[x x x][30]

Part VI Representation of Parties

Rule - 37. Representation of Parties.

The Authority in favor 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 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. Consultation with trade unions.

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

[32][(2) where an employer has reason to believe that the information furnished to him under sub-rule (1) by any trade union is incorrect he may, after informing the union refer the matter to the Conciliation Officer of the local area concerned for his decision and the Conciliation Officer, after hearing the parties shall decide the matter and his decision shall be final.]

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 pro-portion 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 one 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 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 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 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, shop or departments.

Rule - 45. Qualifications of candidates for election.

Any workmen 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 - 46. Qualifications for voters.

All workmen, other than causal employees who are not less than 18 years of age and who have put in not less than 6 month's service in the establishment shall be entitled to vote in the election of the representatives of workmen.

Rule - 47. Procedure for election.

(1)     The employer shall fix a date as the closing date for 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 ten days after the closing date for receiving nominations.

(3)     The dates 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 scrutinized 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 47 have not been complied with.

Rule - 50. Voting in Election.

(1)     if the number of candidates who have been validity nominated is equal to the number of seats, the candidates shall be forthwith declared duly elected.

(2)     If in any constituency 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 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 work men concerned belong to a union by such of them as the union may nominate.

(5)     Every workman entitled to vote 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 favor 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 the Joint Secretary shall be elected every year.

(2)     The Committee shall elect the Chairman and the Vice-Chairman provided that where the Chairman is elected from amongst the representatives of the employers, the Vice-Chairman, shall be elected from amongst the representatives of workmen and vice versa:

Provided further that the post of the Chairman or the 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 Committee shall elect the Secretary and the Joint Secretary provided that where the Secretary is elected from amongst the representatives of the employers, the Joint Secretary shall be from amongst the representatives of the workmen and vice versa:

Provided further that the post of the Secretary or the Joint Secretary as the case may be, shall not be held by a representative of the employer or the workmen for two consecutive years:

Rule - 53. Term of office

(1)     The term of office of a workman's representative 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.

Rule - 54. [Vacancies.

In the event of workmen's representative ceasing to be employed in the establishment or in the event of his ceasing to represent the trade or vocation he was representing or resignation or death his successor shall be elected in accordance with the provisions of this part from the same category group class, section, shop or department to which the member vacating the seat belonged.][33]

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 members 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. [Number of meetings and transaction of business.

The Committee may meet as often as may be necessary but not less than once a month and transact business in accordance with the bye-laws framed by it and approved by the Commissioner of Labor:

Provided that in the case of seasoned establishment which works only for a part of the year the works Committee shall meet only during the season when the establishment works.][34]

Rule - 57. 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.

Rule - 57A. [Submission of proceedings of the meetings and returns.

(i)       Whenever a meeting of the committee is held, the Secretary or any office bearer authorized by the Secretary of the Committee shall send a copy of the proceedings thereof to the employer within 7 days from the date of such meeting and the Employer shall send a copy of such proceedings to the Labor Commissioner and the District Labor Officer (Conciliation Officer) having jurisdiction over the area within 7 days of receipt of the same by him.

(ii)      The employer shall submit half yearly returns as in Form 'GI' in triplicate to the District Labor Officer (Conciliation Officer) having jurisdiction over the area not later than the 20th day of the month following the half year.][35]

Rule - 58. Dissolution of Works Committee.

The 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 Committee has not been constituted in accordance with these rules or that not less than two thirds of the number or 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 Government or. as the case may be, by such officer or authority shall, take steps to reconstitute the Committee in accordance with these rules.

Part VIII Miscellaneous

Rule - 59. Memorandum of settlement.

[36][(1) The settlement arrived at in the course of conciliation proceedings shall be in Form 'H' and the settlement arrived at otherwise than in the course of conciliation proceedings shall be in Form HH.]

(2) The settlement shall be signed by -

(a)      in the case of an employer, by the employer himself or by his authorized agent, or when the employer is an incorporated Company or other body corporate, by the agent, manager or other principle officer of the corporation.

[37][(b) in the case of the workmen by any officer of a trade union of the workmen, or by five representatives of the workmen duly authorized 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 authorized in this behalf by the President and Secretary of the union]

[38][(c) in the case of a workmen in an industrial dispute under section 2A of the Act, the workman concerned]

(3)   Where a settlement is arrived at in the course of conciliation proceedings the Conciliation Officer shall send a report thereof to the 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 Government, the Labor Commissioner and the Conciliation Officer concerned.

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

(1)     Every complaint under section, 33A 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 labor 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 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 Labor 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. Labor 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. Labor 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, Labor 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 Office, Board, Labor 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 [39][30th April] every year, the names and address of such of the officers of the union who are employed in that establishment and who in the opinion of the union, should be recognized 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) recognize such workmen to be "Protected workmen" for the purpose of sub-section (3) of the said section and communicate to the union in working within fifteen days of the receipt of the names and address under sub-rule (1) the list of workmen recognized as protected workmen [40][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 recognize 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 number of recognized 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 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 recognized 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 whether a particular workmen should be recognized as a protected workmen or not the dispute shall be referred to the Conciliation Officer concerned Whose decision thereon shall be final.

Rule - 62A. [Application for recovery of dues.

(1)     Where any money is due from an employer to a workman or a group workmen, under a settlement or an award or under the provisions of Chapter VA [41][Chapter VB] the workman 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 authorized in writing by the workman, or in the case of the death of the workman the assignee or heir of the deceased workmen 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 workman, as the case may be, may apply to the specified Labor Court in Form K-3 for the determination of the amount due or as the case may be the amount at which benefit should be computed]

[42][Provided that in the case of the death of a workman, application shall be made in Form K-4 by the assignee or heir of the deceased workman]][43]

Rule - 63. Appointment of Commissioner.

Where it is necessary to appoint a Commissioner under sub-section (3) of section 33-C of the Act, 'the Labor 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 stipendiary magistrate or as a Registrar or Secretary of a Labor Court, or Tribunal constituted under any state Act or of a Labor Court or Tribunal constituted under the Act or of the Labor Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950.

Rule - 64. Fees for the Commissioner etc.

(1)     The Labor 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 Labor Court:

Provided that the Labor 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 Labor Court may in its discretion extend the time for depositing the sum into the treasury.

(2)     The Labor 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 Labor Court may direct that the fees shall be disbursed to the Commissioner in such installments and on such dates as it may consider fit.

(4)     The undisturbed 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 - 65. 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 Labor Court shall take such grounds into consideration in passing orders on the application:

Provided that the Labor 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 - 66. Local investigation.

In any industrial dispute in which the Labor Court deems a local investigation to be requisite or proper for the purpose of computing the money value of a benefit, the Labor Court may issue a Commission to a person referred to in rule 63 directing him to make such investigation and to report thereon to it.

Rule - 67. 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 Labor 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 Labor Court or, with the permission of the Labor Court any of the parties to the Industrial dispute may examine the Commissioner personally before the Labor Court regarding any of the matters referred to him or mentioned in his report or as to his reports; or as to the manner in which he has made the Investigation.

(3)     Where the Labor 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 - 68. 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 land or building mentioned in the order.

Rule - 69. 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 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 as a witness before the Commissioner shall be entitled to payment by the Labor Court out of the sum deposited under Rule 64, 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 - 70. Representation of parties before the Commissioner.

The parties to the industrial disputes shall appear before the Commissioner, either in person or by any other person who is competent to represent them in the proceeding before the Labor Court.

Rule - 71. 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 - 72. 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. [44](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 - 73. Report of Lick-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 - 74. Report of notice of strike or lockout.

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 local area concerned with copy by registered post to:-

(1)     Secretary to the Government in the Department of Labor, Trivandrum.

(2)     Labor Commissioner.

(3)     The District Magistrate concerned.

Rule - 75. 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 - 75A. [Procedure for decision under section 25A (2).

If a question arises regarding payment of lay off compensation under section 25C and the employee of the industrial establishment concerned contends that his establishment is of a seasonal character or work therein is performed only intermittently the employer or workman or representatives of employer or workman may submit to the Government a petition praying for a decision by the Government. The Government shall notwithstanding any conciliation or adjudication that is pending in this behalf then sent to the opposite party or parties and to the Labor Commissioner of the State a copy of the petition and shall appoint a day for hearing of the petition. The parties shall also be invited. After hearing the parties and after perusing the records if any produced by them, the Government shall arrive at a decision which shall be reduced to writing and communicated to the parties. The decision of the Government shall be final][45].

Rule - 75B. [Notice of lay off.

(1)     If any workman employed in an industrial establishment as defined in the explanation below section 25A (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 0-2 respectively within seven days of such commencement or termination, as the case may be.

(2)     Such notice shall be given by an employer in every case irrespective of whether in his opinion the workman laid off is or not entitled to compensation under section 25C][46].

Rule - 75BB. [Application for permission to lay-off under section 25M.

(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 25M shall be made in Form 0-3 and delivered to the authority specified under sub-section (1) either personally or by registered post with acknowledgement due and where the application is sent by registered post the date on which the same was delivered to the said authority shall be deemed to be the date on which the application was made, for the purposes of sub-section (4) of the said section.

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

(3)     The employer concerned shall furnish to the authority to whom the 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 refused to grant permission within the period specified in sub-section (4) of section 25M.

(4)     Where the permission to lay-off has been granted by the said authority, the employer concerned shall give to the Labor Commissioner a notice of commencement and termination of such lay-off in Form O-1 and 0-2 respectively and where permission for continue a lay-off has been granted by the said authority the employer shall give to the Labor Commissioner a notice of commencement of such lay-lay-off in Form 0-1, in case such a notice has not already been given under sub-rule (1) of rule 75B and a notice of termination of such lay-off in Form 0-2.

(5)     The notice of commencement and termination of lay-off referred to in sub-rule (4) shall be given within the period specified in sub-rule (1) of rule 75B][47].

Rule - 76. [Notice of retrenchment.

If any employer desires 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 77 and 78), He shall give notice of such retrenchment as in "Form P" to the State Government, the Labor Commissioner, the Conciliation Officer in the local area and the Employment Exchange concerned, by registered post in the following manner:-

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

(b)      Where no notice is given to the workmen 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 Labor Commissioner, the local Conciliation Officer and the Employment Exchange concerned, at least tone month before such date;

Provided that if the date of termination of service agreed upon is within thirty days of the agreement, the notice of retrenchment shall be sent to the State Government, Labor Commissioner, the Conciliation officer in the local area and Employment Exchange concerned within three days of the agreement][48]

Rule - 76A. [Notice of, and application for permission for, retrenchment.

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

(2)     Application for permission for retrenchment under sub-section (4) section 25N shall be made in Form PB [with attested copy of the notice given by the employer under clause (a) of section 25F appended thereto] and delivered to the Government or to such authority as may be specified by the Government either personally or by registered post with acknowledgement due and where the application is sent by registered post the date on which the same was delivered to the Government or the authority shall be deemed to be the date on which the application was 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 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 subsection (1) or, as the case may be, sub-section (4) of the said section 25N, such further information as the Government or as the case may be, the authority considers necessary for arriving at a decision of the notice or, as the case may be, the application as and when called for by such authority so as to enable the Government or the authority to communicate its permission or refusal to grant permission within the period specified in sub-section (3) or, as the case may be, sub-section (5) of the said section 25N.][49]

Rule - 76B. 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 labor Commissioner and the Conciliation Officer and Employment Exchange in the local area by registered post.]

Rule - 76C. [Notice of, and application for permission for, closure.

(1)     Notice under sub-section (1) of section 25-0 of intended closure shall be given in Form QA and served on the Government either personally or by registered post with acknowledgement due.

(2)     Application for permission to close down an undertaking, under sub-section 3 of section 25-0 shall be made in Form QB[with attested copy of the notice served by the employer under sub-section (1) of section 25FFA appended thereto] and delivered to the Government either personally or by Registered post with acknowledgement due and where the application is sent by registered post the date on which the same was delivered to the Government shall be deemed to be the date on which the application was made for the purposes of sub-section (4) of the said section.

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

(4)     The employer concerned shall furnish to the 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, for arriving at a decision on the notice, or, as the case may be, the application, and calls for from such employer][50]

Rule - 77. Maintenance of seniority list of workmen.

(1)     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 a notice board in a conspicuous place in the premises of the industrial establishment at least seven days before the actual date of retrenchment.

Rule - 78. 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 the 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 all the retrenched workmen, eligible to be considered thereof, to the address given by him at the time of retrenchment or at any time thereafter:

Provided 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 senior most retrenched workmen in the list referred to in rule 77 the number of such senior most workmen being 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 77.

(3)     The Employer's liability to send notice of vacancies to the retrenched workmen shall be limited to one year from the date of retrenchment. A retrenched workmen on receipt of the notice of vacancies from the employer shall offer himself for work or send a reply within a period of 10 days from the date on which the notice is posted and if he fails to do so, he shall be free to fill the vacancies in all case when retrenched person do not come forward for reemployment.

Rule - 79. Penalties.

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

Rule - 80. Repeal.

The Travancore-Cochin Industrial Disputes Rules, 1951 and the Madras Industrial Disputes Rules, 1948 in their application to the territories transferred from the State of Madras to the State of Kerala, are hereby repealed; provided that any order made or taken under the corresponding provisions of these rules.