PART VIII - MISCELLANEOUS
58. 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;
1[(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 authorised in this behalf at meeting of the workmen held for the purpose;]
2[c) In the case of the workman is an industrial dispute under Section 2-A of the Act, by the workman concerned.]
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 Union.
(3) Where a settlement is arrived at in the course of conciliation proceeding the Conciliation Officer shall send a report thereof to the Central 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 Central Government, the Chief Labour Commissioner (Central) New Delhi, and the Regional Labour Commissioner (Central) and to the Assistant Labour Commissioner (Central) concerned.
1. Subs. by G.S.R. 284, dated 31st I-v4arch, 1959.
2. Ins. by G.S.R. 908, dated 2nd June, 1967.
59. 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, Tribunal or National 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.
60. Application under section 33. -
(1) An employer intending to obtain the express permission in writing of the Conciliation Officer, Board, Labour Court, Tribunal or National 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, Tribunal or National 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, Tribunal or National 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, Tribunal or National 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, Tribunal or National 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 signed.
61. Protected workmen. -
(1) Every registered trade union connected with an industrial establishment, to which the Act applies, shall communicate to the employer before the 1[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 receipt of the names and addresses under sub-rule (1), the list of workmen recognised as protected workmen’ ‘[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 of protected workmen allotted to a union under this sub-rule falls short of the number of officers of the union seeking protection, the union shall be entitled to select the officers to be recognised as protected workmen. Such selection shall be made by the union and communicated to the employer within five days of the receipt of the employer’s letter.
(4) When a dispute arises between an employer and any registered trade union in any matter connected with the recognition of ‘protected workmen’ under this rule, the dispute shall be referred to the 2[any Regional Labour Commissioner (Central) or] Assistant Labour Commissioner (Central) concerned, whose decision thereon shall be final.
1. Sub. by G.S.R. 1283, dated 28 May, 1969.
2. Ins. by G.S.R. 289, dated 2nd March, 1982 (w.e.f. 13-3-1982).
1[62. 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 VA,2[Chapter VBI, 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 authorised in writing by the workman, or in the case of the death of the workman the assignee or 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.]
3[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].
1. Subs. by G.S.R. 488, dated 16th March, 1965.
2. Ins. by G.S.R. 1070, 23rd July, 1977.
3. Ins. by G.S.R. 1070, 23rd July, 1977.
63. 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 civil court, or as a stipendiary magistrate or as a Registrar or Secretary of a Labour Court, or tribunal constituted under any Provincial Actor State Act or of a Labour Court, Tribunal or National Tribunal constituted under the Act or of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950.
64. 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 preparation as it may consider fit. The Commission shall not issue until satisfactory evidence of the deposit into the treasury of the sum fixed is filed before the Labour Court :
Provided that the Labour Court may from time to time direct that any further sum or sums be deposited into the treasury within such time and by such parties as it may consider fit :
Provided further that the Labour Court may in its discretion, extend the time for depositing the sum into the treasury
(2) The Labour Court may, at any time, for reasons to be recorded in writing, vary the amount of the Commissioner’s fees in consultation with the parties.
(3) The Labour Court may direct that the fees shall be disbursed to the Commissioner in such instalments and on such date 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.
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 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.
66. Local investigation. -In any industrial dispute in which the Labour Court deems a local investigation to be requisite or proper for the purpose of computing the money value of a benefit, the Labour Court may issue a commission to a person referred to in rule 63 directing him to make such investigation and to report thereon to it.
67. Commissioner’s report. -
(1) The Commissioner after such local in-section 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 evidence with out 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 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 had 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.
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 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.
69. Summoning of witnesses, etc. -
(1) The provisions of the Code of Civil Procedure, 1908 (5 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 Labour 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.
70. 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.
1[70-A.Preservation of records by the National Industrial Tribunals, Industrial Tribunals or Labour Courts. -
(1) The records of the National Industrial Tribunals, Industrial Tribunals or Labour Courts specified in Column 1 of the Table below shall be preserved, for the periods specified in the corresponding entry in column 2 thereof after the proceedings are finally disposed of by such National Tribunals, Industrial Tribunals, Labour Courts.
1. Ins by G.S.R. 931 dated 15th July, 1975.