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ASSAM INDUSTRIAL DISPUTES RULES, 1958
(1) These rules may be called the Assam Industrial Disputes Rules, 1958.
(2) They extend to the whole of Assam.
In these rules, unless there is anything repugnant in the subject or context—
(n) “Act” means the Industrial Disputes Act, 1947 (14 of 1947);
(b) “Chairman” means the Chairman of a Board or Court or, if the Court consist 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) “State Government” means the State Government of Assam ;
(g) All other words and expressions used herein and not defined shall have the meaning respectively assigned to them under the Act.
PART I
Procedure for reference of industrial disputes to Boards of Conciliation, Courts of Enquiry, Labour Courts, Industrial Tri
In 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 in triplicate to the Secretary to the Government of Assam, Labour Department; The application shall be accompanied by a statement setting forth—
(a) the parties to the dispute ;
(b) the specific matters of 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.
The application and the Statement accompanying it shall be signed—
(a) in the case of 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 Secretary 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.
The appointment of a Board, Court, Labour Court, Tribunal together with names of persons constituting the Board, Court, Labour Court to Tribunal shall be notified in the Official Gazette.
(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 persons to represent them in the Board and the time to be allowed for making nomination shall not be more than seven days from the date of service of the notice.
(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, o the agent, manager brother 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 open of the five representatives of the workmen who halve attested the application made under Rule 4 ;
and in this case a copy
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 in triplicate to the Secretary to the Government of Assam, Labour Department, the Labour Commissioner, Assam, and the Conciliation Officer concerned. The agreement shall be accompanied by consent in writing of the arbitrator or arbitrators.
Where an industrial dispute is agreed to be referred for arbitration and the State Government is also satisfied that the person making the arbitration agreement represent the majority of each party, it shall publish a notification in this behalf in the official Gazette for information of the employers and workmen who are not parties to the arbitration agreement but are concerned in the dispute.
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 ;
(b) 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 office of the corporation ;
(b) in the case of workmen, either by the President and Secretary 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.
Conciliation proceeding in public utility service. –
(1) The conciliation Officer, on receipt of a notice of strike or lock-out given under rule 74 or 75, 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.
(2) Where the conciliation Officer receives any information about an existing or apprehended industrial dispute not arising out of notice of strike or lock-out he may inference in the dispute and may, if he deems necessary commence conciliation proceedings.
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 in writing to the parties concerned declaring his intention to commence conciliation proceedings with effect from such date as may be specified therein.
(1) The party representing workmen involved in an industrial dispute in a public utility service shall forward a statement of its demands with a copy of the notice prescribed under ‘Rule 74 to the Conciliation Officer concerned. The statement shall be accompanied by as many spare copies thereof as there are opposite parties.
(2) The party representing workmen involved in a dispute in a from-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 thereof as there are opposite parties.
(3) The statement of demands submitted by the party representing the workmen under sub-rule (1) or sub-rule (2) shall be transmitted to the State Government and the Labour Commissioner, Assam, by the Conciliation Officer concerned together with his report
(1) Where the State Government refers any case for adjudication to a Labour Court/Tribunal, it shall send to the Labour Court/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 that Government under sub-rule (4) of Rule 11.
(2) Within two weeks of the receipt of the statement referred to, in sub-rule (1) the opposite party shall fie 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 for reference ;
Provided further that where the Labour Court may be, considered it necessary, may extend the time-limit for the filing of rejoinder by any party.
(3). The Labour court to Tribunal, as th
The Conciliation Officer may hold a meeting of the representatives of both parties jointly or of each party separately.
The Conciliation Officer shall conduct the proceedings expeditiously and in such manner as he may deem fit.
Subject to the provisions contained in Rule 12, the sitting of a Board, Court, Labour Court or Tribunal or of an Arbitrator, shall be held at such times and places, as the case may be, as the Chairman, Presiding Officer or Arbitrator, as the case may be, may fix and the Chairman, Presiding Office or the Arbitrator, as the case may be, shall inform the parties of the same in such manner as the thinks fit.
The quorum necessary to constitute a sitting of a Board or Court shall be as follows :
(i) in the case of a Board-Quorum where the number of members is 3.............. 2
where the number of members is 5................ 3
(ii) in the case of a Court-where the number of members is not more than 2
where the number of members is more than 2 but less than 5 or more ….
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 thing fit.
Any member of a Board or Court or Presiding Officer of a Labour Court/Tribunal or an Arbitrator may administrator an oath.
A summons issued by a Board, Court, Labour Court and 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 and Tribunal which the Board, Court, Labour Court and Tribunal thinks necessary for the purposes of such investment or adjudication.
Subject to the provisions contained in Rule 22, any notice, summons, process or order issued by a Board, Court, Labour Court, Tribunal or an Arbitrator, empowered to sue such notice, summons, process or order may be served either personally or by registered post.
Where in any proceedings before a Board, Court, Labour Court, 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 same of such trade union or Association ; and
(2) all such persons as are not members of any trade union or association shall be described in such manner as the Board, Court, Labour Court, Tribunal or Arbitrator, as the case may be, may determine.
(1) Where there are numerous persons as parties to any proceedings before a Board, Court, Labour Court, Tribunal or an Arbitrator and such persons are members of any trade union or association, the service of notice on the Secretary, or where there is no Secretary, 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 proceeding before a Board, Court, Labour Court, Tribunal or an Arbitrator and such persons are not members of any trade union or association, the Board, Court, Labour Court, Tribunal or Arbitrator, as the case may be, shall where personal service is not practicable, cause the service of any notice to be made by 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) SW1 also be considered as sufficient in the case of such
At the first sitting of a B0ard Court, l the Chairman or the Presiding Officer, as the cast
If without sufficient causes being shown, any party to proceedings before a Board, Court, Labour Court, Tribunal or Arbitrator fails to attend or to be represented, the Board, Court, Labour Court, Tribunal or Arbitrator may proceed as if the party had duly attended or had been represented.
A Board or Court, or any member thereof, or a Conciliation Officer, a Labour Court, Tribunal or any person authorised in writing by the Board, Court, Labour Court, Tribunal in this behalf may, for the purposes of any conciliation, investigation, enquiry or adjudication entrusted to the Conciliation Officer, Board, Court, Labour Court or Tribunal under the Act, at any time between the hours of sunrise and sunset and in the case of a person authorised in writing by a Board, 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 persons therein in respect of anything situated therein or any matter relevant to the subject-matter of the conciliation investigation, enquiry or adjudication.
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, Tribunal may summon and examine any person whose evidence appears to it to be material shall be deemed to be a civil court within the meaning of Ss. 430 and 482 of the Code of Criminal Procedure 1898.
All books, and other documents or things produced before a Board, Court, Labour Court, or Tribunal whether voluntarily or in pursuance of a summons may be inspected by the Board, Court, Labour Court, or Tribunal and also by such parties as it would allow, but the information obtained therefrom shall not, except as provided in the Act, be made public and such parts of the documents or things as do not relate to the matters in dispute may be sealed up.
Where assessors are appointed to advise a Tribunal under sub-section 4 of Section 7-A or by the Court, Labour Court or Tribunal under sub-section (5) of Section 11, the Court, Labour Court or Tribunal, as the case may be shall in relation to proceeding before it, obtain the advice of such assessors. But such advice shall not be binding on it.
all applications, whether stamped or unstamped for copies of awards or other documents of Labour court, Board, court of Tribunal shall be accompanies by necessary folios in accordance with Rule 3 of the Assam Record Hand book and all copies shall be made on folios:
Provided that in case of certified copies of the award or document the court fees shall be chargeable under the Court Fees Act.
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 equality of votes the Chairman shall also have a casting vote.
The Labour Court, Tribunal or Arbitrator may correct any clerical mistake or error arising from an accidental slip or any award it/he issues.
The representatives of appearing before a Board, Court, Labour Court, Tribunal or an Arbitrator shall have the right of examination, cross- examination and of addressing the Board, Court, Labour Court, Tribunal or Arbitrator when an evidence has been called.
The proceeding before a Board, Court, Labour Court or Tribunal shall be held in public :
Provided that the Board, Court, Labour, or Tribunal may at any stage direct that any witness shall be examined or its proceedings shall be held in public.
PART IV
Remuneration of Chairman and members of Courts, Presiding Officers of Labour Courts, Tribunals, Assessors and witnesses
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 performance o: his duties, at the rate admissible and subject to the conditions applicable to a Government servant of the first grade under the Fundamental Rules unless
The Chairman and a member of a Board or Court, the Presiding Officer and an Assessor of a Labour Court or Tribunal whether his not a salaried officer of the State Government may be granted such fees as may be sanctioned by the State Government in each case.
Every person who is summoned and duly attends or otherwise appears as a witness before a Board, Court, Labour Court, Tribunal or an Arbitrator shall be entitled to an allowance for expenses according to the scale for the time being in force with respect to witnesses in civil courts in the State where the investigation, enquiry, adjudication or arbitration is being conducted. The payment of expenses of witnesses shall be made in the same.
Any employer intending to effect any change in the conditions of service applicable to any workman in respect of matter specified in the Fourth Schedule to the Act shall give notice of such intention in Form ‘E’.
(1) Where there are numerous workmen affected by a notice of change and the majority of such workmen are members of any trade union, the service of notice by registered post, on the Secretary or where there is no Secretary, on the principal officer of the trade union shall be deemed to be service on all such workmen. The employer shall, at the same time, arrange to exhibit the notice by affixing it to a notice board in the manner specified in sub-rule (2):
Provided that if the Secretary or the principal officer refuses to receive the notice or that for another reason the notice cannot be served on the Secretary or the principal officer in the ordinary way, the exhibition of the notice in the manner specified in sub-rule (2) shall be deemed to be service on all such workmen.
(2) Where there are numerous workman affected by a notice of change and the majority of such workmen are to members of any trade union or asso
The authority in favour of a person or persons to represent a workman or a group of workmen or an employer in any proceeding under the Act shall be in Form ‘F’
A party appearing by a representative shall be bound by the acts of that representatives.
PART VII
Works committee
Any Employer To Who mean Order Made Under Sub-Section (1) of Section 3 relates, shall forthwith proceed to constitute a works committee in manner prescribed in this part.
The number of members constituting the Committee shall be fixed so as to afford representation to the various categories, groups and class 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 representative of the workmen shall not be less than the number of representatives of the employer.
Subject to the provision 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.
(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 the 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, after hearing the parties shall decide the matter and his decision shall be final.
On receipt of the information called for under Rule 44 the employer shall provide for the election of workmen’s representatives on the Committee in two groups :
(a) those to be elected by the workmen of the establishment who are members of the registered trade union or unions; and
(b) 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 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 sub-rule (1) 44 of within or the month such of the notice requiring it to furnish such information t
When under Rule 45 the workmen’s representatives are to be elected in two groups, the workmen entitled to vote shall be divided in two electoral constituencies, the one consisting of those who are members of the 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 workman shall vote in either, by groups, sections or departments.
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.
All workmen, other than the causal 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 representatives of workmen.
(1) The employer shall fix a date as the closing date for receiving nominations from candidates for election as workmen’s representatives on he Committee.
(2) For holding the election, the employer shall also fix a date which shall not be earlier than three days and later than 10 days after the closing date for receiving nominations.
(3) The dates so fixed shall be notified at lest 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 by7 the non-members.
(4) A copy of such notice shall be sent to be registered trade union or unions concerned.
(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 groups, section, shop or department the candidate seeking election will represent, and shall be delivered to the employer.
(1) On the day fixed for filing nomination papers the nomination papers shall be scrutinized by the employer in the presence of candidates and the attesting persons and those which are not shall be rejected.
(2) For the purpose of sub-rule (1), an nomination paper shall be held to be not valid if
(a) the candidate nominated is ineligible for membership under Rule 47; or
(b) the requirements of Rule 50 have been complied with :
Provided that where a candidate or an attesting person is unable to be present at the time of scrutiny, he may a duly authorised nominee for the purpose.
(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 the number of candidates is one than the number of seats allotted to it, voting shall take place on the day fixed for election.
(3) The election shall be held in such manner as may be convenient for each electoral constituency.
(4) The voting shall be conducted by the employer and if any of the candidates belong to a union such of a them as the union may nominate shall be associated with 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 vole in favour of any one candidate.
The employer shall be responsible for all arrangement in connection with the election.
(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 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 toe 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 elected from amongst the representatives of the
(1) The term of office of a workmen’s representative on the Committee other than a member chosen to fill a casual vacancy shall be two years.
(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.
In the event of workmen’s representative ceasing to be a member under sub-rule 3) of Rule 55 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.
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 copied 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.
(1) The Committee may meet as often as necessary but not less often than once in 3 months (a quarter).
(2) The Committee, shall at its first meeting regulate its own procedure.
The employer shall provide accommodation for holding meetings of the Committee. He shall 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.
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 constitute accordance with these rules or that not less than 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, by such officer or authority, shall take steps to reconstitute the Committee in accordance with these rules.
(1) A settlement arrived at in the course of conciliation proceedine or otherwise, shall be in Form ‘H’.
(2) The settlement shall be signed—
(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;
(b) in the case of workmen, other by the President or the Vice-President, or the Secretary or the Joint Secretary, or the Local Secretary, or the Assistant Secretary, or the Group Secretary of a trade union of workmen, or by any other office bearer of a trade union on a written authority from the President or the General Secretary to sign the settlement in question, or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose.
(3) Where a set
(1) Every complaint under Section 33-A of the Act shall be presented in triplicate in Form T 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 persons 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 i and shall state the date on which and the place at which it was signed.
(1) An employer intending to obtain the express permissions in writing of the Conciliation Officer, Board, Labour Court or Tribunal, as the case may be, under sub-section (1) of sub-section (3) of Section 33 shall present an application in Form’]’ 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 approval of the Conciliation officer, Board, Labour Court or Tribunal, as the case may be, of any action taken by him under Cl. (a) or Cl. (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 may copies thereof as there are opposite parties.
(3) Every application under sub-rule (1) or sub-rule (2) shall be verified as the foot by the employe
(1) Every registered trade union connected with an industrial establishment, to which the Act applies, shall communicate to the employer before the 30th September every year, the names and addresses of such of the officers of the union who are employed in that establishment and who, in 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 the addresses under sub R (1), the list of workmen recognised as protected workmen.
(3) Where the total number of names received by the employer under sub-rule (1) exceeds the maxi
Where any money is due from an employer to a workmen or a group of workmen under a Settlement or an award or under the provisions of Chapter V-A of the Industrial Disputes Act, 1947, the workman or the group of workmen, as the case may be, apply in Form K-l 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.
65-A. Application for computation of money value of any benefits.—Where any workman or a group of workmen is entitle^ 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 s
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 ct or Stab Act or of a Labour Court or Tribunal constituted under the Act or of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950.
(1) The Labour Court shall, after consultation with the parties, estimate the probable duration of the] enquiry and fix the amount of the commissioner’s fees and other incidental expenses and direct the payment thereof, into the nearest treasury, within a specified time, by such party or parties and in such proportion as it may consider fit. The commission shall not issue until satisfactory evidence of the deposit into the Treasury of the sum fixed is file before the Labour Court:
Provided that the Labour Court may, from time to time, direct that any further sum or sums he 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
(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 ground into consideration in passing orders on the application:
Provided that the Labour Court may grant extension of time not with-standing that no application for such extension has been received from the commissioner within the prescribed time limit.
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 66 directing him to make such investigation and to report thereon to it.
(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 Labor 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 reasons dissatisfied with the proceeding of the commissioner it may direct such further inquiry to be made as it
Any commissioner appointed under these directed by the order of appointment—
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;
call for and examine documents and other things relevant to the subject of enquiry ;
at any reasonable time enter upon or into any premises mentioned in the order.
(1) The provisions o;: 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 for 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 duty of the sum deposited under Rule 67, 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.
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) 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 strike under sub-rule (1), the employer shall for the with intimate the fact to the Labour Commissioner of Assam, Gauhati and the Conciliation Officer having jurisdiction in the matter.
The notice of lock-out to be given by an employer carrying an a public utility service shall be in Form “M”.
The notice of lock-court 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”.
The report of notice of as 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—
The Secretary to the Government of Assam, Labor Department, Gauhati;
(2) The Labour Commissioner, Assam, Gauhati;
(3) The Director of Statistics, Assam, Gauhati;
(4) The District Magistrate concerned.
The Conciliation Officer shall file all settlements effected under this Act, in respect of dispute in the area within his jurisdiction in a register maintained for the purpose as in Form “O”,
(1) If any workman employed in an Industrial establishment and defined in the Explanation below Section 25-A (not being an industrial establishment referred to in sub-section (1) of that section) is laid off, then, the employer concerned shall give notices of commencement and termination of such lay-off in Form O-l 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 workmen laid off is or is not entitled to compensation under Section 25-C.
(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 acknowledgment 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 purpose 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.
(30 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 dec
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 “workmen” in this rule and in Rules 80 and 81), he shall give notice of such retrenchment as in Form “P” to the State Government and such notice shall be served on that Government by registered post in the following manner :
where notice is given to the workmen, notice of retrenchment shall be sent within three days from the date on which notice is given to the workman;
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 wags 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
(1) Notice under Cl. (c) of sub-section (1) of Section 25-N for retrenchment shall be served in Form PA and served on the State Government or such authority as may be specified by the Government under the said clause either personally or by registered post acknowledgment 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 purpose 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 PB (with attested copy of the notice given by the employer under Cl. (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 acknowledgment due and where the application is sent by registered post the date on w
If an employer intends to close down an undertaking he shall give notice of such closure in Form Q to the State Government, the Labour Commissioner of Assam, the Assistant Labour Commissioner of the area and the Employer Exchange concerned, by registered post.
(1) Notice under sub-section (1) of Section 25-O of intended closure shall be given in Form QA and served on the State Government either personally or by registered post acknowledgement due.
(2) Application for permission to close down an undertaking d 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 purpose 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 fo
The employer shall prepare a list of all workmen in the particular category from which retrenchment is contemplated, arranged according to the seniority of their service in the category and cause a copy thereof to be posted on a notice board in a conspicuous place in the premises of the industrial establishment at least seven days before the actual date of retrenchment.
(1) At least 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 by registered post to every one of al the retrenched workmen eligible to be considered therefore, 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 80 the number of such senior most workmen being doubt the number of such vacancies;
Provided further that where the vacancy is of duration of less than one month there shall be no obligation of the employer to send in formation of
Any breach of these rules shall be punishably with fine not exceeding fifty rupees.
The Assam Industrial Disputes Rules, 1974, 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.
FORM ‘A’
[See Rule 3]
Form of application for reference of an industrial dispute to a Board of Conciliation/Court of inquiry/Tribunal/Labour Court under Section 10 (2) of the Industrial Disputes Act, 1947
Whereas an industrial dispute is apprehended/exists between........and........it is expedient that the matters specified in the enclosed statement, the dispute, investigation and settlement are connected with or relevant to the dispute, the dispute, investigation and settlement should be referred for enquiry by a Board of Conciliation/Court of Enquiry/Labour Court/Tribunal, an application is made under sub-section (2) of Section for adjudication of the Industrial Disputes Act, 1974 that the said matters/dispute should be referred to a Board of Conciliation/a Court of Enquiry/a Labour Court/a Tribunal.
This application is made by the undersigned who have/has been duly authorise
FORM ‘B’
[See Rule 6]
Whereas an industrial dispute has been arisen between/is apprehended
between........and..................and it is expedient to refer the said dispute under Section 10 of the Industrial Disputes Act, 1947 to a Board of Conciliation for the purpose of investigating the same and for promoting a settlement thereof, you are hereby required to intimate to the undersigned not later than the.........the
name(s), address(es) of on (two persons) whom you wish to recommend for appointments as your representative(s) on the said Board.
If you fail to make the recommendation by the date specified above the State Government will select and appoint such person(s) as it things fit to represent you
Secretary to the Government of Assam, Labour Department
FORM ‘C
[See Rule 7]
Agreement
[Under Section 10-A of the Industrial Disputes Act, 1947]
Between
Names of the Parties —
Representing employers :, Representing workmen :
It is hereby agreed between the parties to refer to the following industrial dispute to the arbitration of .............
[Here specify the names(s) and address(es) of the arbitrators(s)] —
(0 Specific matters in dispute.
(it) Details of the parties to the dispute including the name and address of the establishment or undertaking involved.
(Hi) Name of the union, if any representing the workmen in question.
(iv) Total number of workmen employed in the undertaking affected.
(v) Estimated number of workmen
FORM ‘D’
[See Rule 19]
Whereas an industrial dispute between..........and.........has been referred to
this Board of Conciliation for investigation and settlement/Court of Enquiry for
investigation/Labour Court/Tribunal for adjudication.......... under Section 10 of
the Industrial Disputes Act,1947, you are hereby summoned to appear before the
Board/Court/Labour Court/Tribunal in person on the ......day
of......at.........o’clock in the.........noon the answer all material questions relating to
the said dispute and your are directed to produce on that day all the books, papers and other documents and things in your possession or under your control in any way relating to the matter under investigation by this Board/Court/Labour Court/Tribunal.
Board of Conciliation<
FORM ‘e’
[See Rule 37]
Notice of change to be given by an employer
Name of employer ........... address ..........
To
The Secretary/Principal Officer of union /association •
The workman/workmen affected
Dear Sir /Madam,
In accordance with Section 9-a of the industrial disputes Act, 1947, i/we
beg to inform you that it is my/our intention to effect the change/changes specified in the Annexure to this letter, with effect from.........
Yours faithfully
Signature............
Name.
Designation.
Annexure
(Here specify the change/changes intended to be effected).
FORM ‘F’
[See Rule 39]
Before........(here mention the authority concerned)
Reference No...............of.......workmen
versus
............................Employer
In the matter of..............
I/We hereby authorise Shri/Sarvashree..........to represent me/us in the
above matter.
Dated this. .......day of........19.
Signature of person(s)
nominating the representative(s)
Address
Accepted
Signature of representative(s)
Address
FORM’G’
[See Rule 50]
Form of Nomination Paper
FORM ‘H’
[See Rule 61]
Form for Memorandum of Settlement
Name of Parties—
Representing employer(s):
Representing workmen:
Short recital of the case/Term of Settlement..........
Witnesses:
Signature of the parties
(1) (2)
Signature of Conciliation
Officer/Board of Conciliation.
Copy to: (1) Conciliation Officer concerned. (Here enter the office address of the Conciliation Officer in the local area concerned).
(2) Labour Commissioner, Assam, Gauhati.
(3) The Secretary to the Government, Labour Department, Gauhati.
FORM I
[See Rule 64]
Complaint under Section 33-A of the Industrial Disputes Act, 1947
Labour Court..........
Before the Tribunal.........
A......—..........Complainant(s)
Address—
B.....................Opposite—Party(ies)
Address-in the matter of Reference No.......
The petitioner(s) begs/beg to complain that the opposite pairty(ies) has/ been guilty of a contravention of the provisions of Section 33 of the Industrial Disputes Act, 1947 (14 of 1947) (14 of 1947) as shown below :
(Here set out briefly the particulars showing the matter in which the alleged contravention has taken place and the grounds on which the order or act of the management is challenged).
The complainant(s) accordingly prays/pray that the Labour Co
FORM ‘J’
[See Rule 63]
Application for permission under sub-section (l)/sub-section (3) of Section 33 of the Industrial Disputes Act, 1947 (14 of 1947), in the matter of Reference No............
Before........(here mention the Conciliation Officer, Board, Labour Court to Tribunal).
A. ...Applicant
Address-
Versus
B. ...Applicant
Address-
Address(es)
The above mentioned applicant begs to state as follows :
[Here mention the action specified in Cl. (a) of Cl. (B) of section (1)
The applicant, therefore, prays that express permission may kindly be granted to him to take the following action, namely :
[Here mention the action specified in Cl. (a) or Cl.(b) of sub-section (l)/sub
FORM ‘K’
[See Rule 63 (2)]
Application under sub-section (2) of Section 33 of the Industrial Disputes Act, 1947 (14 of 1947), in the matter of Reference No......
Before..........(here mention the Conciliation Officer, Board, Labour Court, or
Tribunal).
A. ........Applicant
Address—
Versus
B. ....Opposite—Party(ies) Address(es)—
The above mentioned applicant begs to state as follows :
(Here set out the relevant facts and circumstances of the case),
The workman/workmen discharged/dismissed under Cl. 8 of sub-section (2) of Section 33 has/have been paid wages for one month.
The applicant prays that the Conciliation Officer /Board /Labour Court/Tribunal may be pleased to approve of the action taken, n
FORM K-1
[See Rule 66]
Application under sub-section (1) of Section 33-C of the Industrial Disputes, Act, 1947
To
The Secretary to the Government of Assam Labour Department, Shillong.
Sir,
#2;I/We have to state that #2;I am /we entitled to receive from M/s..........a sum of Rs..........#2;on account of...............under the provisions of Chapter V-A of the Industrial Disputes Act, 1947 in terms of the award, dated’ the.......given by........./in terms of the settlement, dated the......arrived at between the said M/s......and their workmen through the duly elected representative?
#2;I/We further state that #2;I/we served the management with a demand notice by registered post on......for the said amount which the management has neither paid nor offered to pay to fortnight #2;me/us even though a fortnig
FORM ‘L’
[See Rule 74]
Form of notice of strike to be given by employee(s) in public utility service
Name of Union/Names of elected representatives of employees where no trade union exists.
1. Strike out the portions inapplicable.
2. Strike out the portions inapplicable.
3. Strike out the portions inapplicable.
4. If it is a case of benefit under the award, in such case full; stop should De struck out.
Address........
dated the.....day of.......19.
To
(The name of the employer)
Dear Sir/Sirs,
In accordance with the provisions contained in sub-section (1) of Section 22 of the Industrial Disputes Act, 1947 I/We hereby given notice that I propose to call a strike/we propose to
FORM M
[See Rule 75]
Form of notice of lock-out to be given by an employer carrying on public utility service
Name of employer........Address..........
Dated the.............day of.........19.....
To
(The Secretary of the Union, if any) Dear Sir,
In accordance with the provisions of sub-section (2) of Section 22 of t Industrial Disputes Act, 1947, I/we hereby inform you that it is my/our intention to effect a lock-out with effect from........for the reasons explained in the annexure.
*Your faithfully,
*[Here insert the position which the person who signs the letter holds with employer issuing this letter].
ANNEXURE
Statement of the case.
Copy to—
(1) Conciliation Officer con
FORM N
[See Rule 76]
Form of Report of Strike or Lock-out in a public utility service
FORM O
[See Rule 78]
Register—Part I
FORM ‘P’
[See Rule 79]
Form of notice of retrenchment to be given by an employee under Cl. (c) of Section 25-F of the Industrial Disputes Act, 1947
FORM ‘Q’
[See Rule 79-B]
Form of notice of closure to be given by an employer under Section 25-FF A of the Industrial Disputes Act, 1947
Name of employer........Address..
Dated the...........day of......19.......
The Secretary to the Government of Assam, Labour Department, Dispute, Gauhati-781006.
To
Sir,
Under S.25-FFA of the Industrial Disputes Act, 19 of (14 of 1947), I/we hereby inform you that I/we have decided to close down........(name of the undertaking) with effect from.....for the reasons explained in the annexure.
The number of workmen whose services would be terminated on account of the closure of the undertaking is.......(number of workmen).
Yours faithfully,
………..1
ANNEXURE
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