WEST BENGAL INDUSTRIAL DISPUTES RULES, 1958
These rules may be called the West Bengal industrial Disputes Rules, 1958.
In these rules, unless there in anything repugnant in the subject or context. -
(a) "the Act" means the Industrial Disputes Act. 1947 (XIV of 1947):
(b) "Chairman" means the Chairman of a Board or Court or, if the Court consists of one person only, such person and includes the Presiding Officer of a Labour Court or a Tribunal:
(c) "Committee" means a Works Committee constituted under subsection (1) of section 3 of the Act:
(d) "form" means a form in the Schedule to these rules:
(e) "Labour Commissioner" means the Officer designated and appointed as such by the State Government and includes an Additional, 2[a Joint] or a Deputy Labour Commissioner
2. Ins. by N
For the purpose of the Act and these rules. "employer" in relation to an industry carried on by or under the authority of a department of the State Government shall be the officer - in - charge of that industry.
(1) An application under sub - section (2) of section 10 for the reference of an industrial dispute to a Board, court Labour Court or Tribunal shall be the made in Form ’A’ and shall be delivered personally or forwarded by registered post in triplicate to the Labour Commissioner and/or to the Conciliation 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 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 an employer by the employer himself or his authorised agent:
(b) in the case of workmen, either by the President. Secretary or other officers of a registered Trade Union of the workmen concerned with the establishment or by five representatives of the workmen duly authorised in writing in this behalf by a majority of the workmen in the establishment present at a meeting held for the purpose:
Provided that where five representatives of workmen are so authorised to sign an application, a copy of the proceedings of the said meeting shall be attached with the said application.
The appointment of a Board, Court, Labour Court or Tribunal, together with names of persons constituting the Board, Court, Labour court or 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 within a reasonable time, persons to represent them on the Board.
(2) The notice to the employer shall be sent to the employer himself or his authorised agent.
(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 membersof a trade union, to anyone 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.
(1) 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 Government of West Bengal in the Department of Labour and the Labour Commissioner and/or the Conciliation Officer concerned. The agreement shall be accompanied by the consent in writing of the Arbitrator or Arbitrators,
1[(2) Where an arbitration agreement provides for an even number of arbitrators a person shall be separately appointed as umpire who shall enter upon the reference. if the arbitrators are equally divided in their opinion. The agreement appointing an umpire shall be accompanied by the consent in writing of the umpire.]
1. Sub - rule (2) ins by Notifn. No. 3089 - IR/IR/IR - 4/65 dated 7th May. 1967
The arbitration agreement shall be signed - (a) in the case of an employer, by the employer himself or his authorised agent present at the meeting;
(b) in the case of workmen, either by the President and Secretary of a Trade Union of the workmen connected with the establishment or by five representatives of the workmen duly authorised in writing in this behalf by the majority of the workmen in the establishment present at a meeting held for the purpose.
Powers, procedures and duties of Conciliation Officers, Boards, Courts. Labour Courts, Tribunals and Arbitrators
when an industrial dispute has been referred to arbitration and the State Government is satisfied that the persons making the reference represent majority of each party it shall publish a notification in this behalf in the "Official Gazette" within one month from the date of receipt of the arbitration agreement by the Government, for the information of the employers and the workmen who are not parties to the arbitration agreement but are concerned in the dispute,]
1. Rule 8A ins. by Notifn. No. 3089 - IR/IR/IR - 4/65 dated 7th May, 1967
(1) The Conciliation Officer on receipt of a notice of strike or lock - out given in the prescribed manner, shall forthwith arrange to interview or contact both representatives of the employer and the workmen concerned with the dispute at such places and at such times as he may deem fit and shall endeavour to bring about a settlement of the dispute in question,
(2) Where the Conciliation Officer receives any information about an existing or apprehended industrial dispute not arising out of notice of strike or lockout he may intervene in the dispute and may, if he deems necessary, commence conciliation proceedings.
Where the Conciliation Officer receives any information about an existing or apprehended industrial dispute which does not relate to a public utility service and he considers it necessary to intervene in the dispute, he shall commence conciliation proceedings,
The Conciliation Officer may hold a meeting of the representatives of both parties jointly or of each party separately at such places and such times as he may deem fit.
(1) The Conciliation Officer shall conduct the proceedings expeditiously and in such manner as he may deem fit.
(2) Notice for production of documents before the Conciliation Officer shall be in Form ’D’. Such notice shall be served either personally or by registered post.
(1) The Conciliation Officer, on receipt of a representation relating , to an individual workman, shall investigate the matter and if he is satisfied that an industrial dispute exists, he shall take all such steps as he thinks fit and proper for the purpose of inducing the parties to come to a speedy, fair and amicable settlement of the dispute.
2. Rule 12A ins. by Notifn. No. 1806 - IR dated 12th November, 1993.
(2) If no settlement of the industrial dispute mentioned in sub - rule (1) is arrived at within a period of 60 days from the date of raising of the dispute, the party raising the dispute may apply to the Conciliation Officer personally or by registered post with acknowledgement due in Form P-4 for certificate about the pendency of the conciliation proceedings before such Conciliation Officer.
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The sittings of a Board. Court, Labour Court or Tribunal or of an Arbitrator shall be held at such times and at such 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.
The quorum necessary to constitute sittings of a Board or Court shall be as follows : -
(1) In the case of a Court where the number of members is not more than 2-1.
where the number of members is more than 2 but less than 5 - 2.
where the number of members is 5 or more - 3.
(2) In the case of a Board where the number of members is 3 - 2.
where the number of members is 5 - 3.
A Board. Court, labour Court or Tribunal or an Arbitrator may accept, admit or call for evidence at any stage of the proceedings before it/him and in such manner as it/he may think fit.
Any member of a Board or Court or Presiding Officer of a labour Court or Tribunal or an Arbitrator may administer an Oath.
The Presiding Officer of an Industrial Tribunal or Labour Court, as the case may be, may authorise its Head Clerk 2[or where there is no Head Clerk, its senior most clerk] to administer oaths for the purpose of making affidavits].
1. Rule 16A ins. by Notifn. No. 4911 - IR/IR/IR - 7/60 dated 16th September. 1960.
2. Ins. by Notifn. No 2723 - IR/EIL/IR - 5/71 dated 30th March. 1973.
A summons issued by a Board of Conciliation or Court of Enquiry shall be in Form ’D - 1’ 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 by the Board or Court which the Board or Court thinks necessary for the purposes of such investigation.]
3. Rule 17 subs. by Notifn. No. 1582/IR/IR/IR - 1/66 dated 18th March. 1968.
Subject to the provisions contained in rule 19 any notice, summons, process or order issued by a Board, Court, Labour Court. Tribunal or an Arbitrator empowered to issue such notice, summons, process or order may be served either personally or by registered post or in any other manner as prescribed under the Code of Civil Procedure, 1908.
(1) Where there are numerous persons as parties to any proceeding 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 mann
At the first sitting of a Board of Conciliation or Court of Enquiry, 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.]
4. Rule 20 subs. by ibid.
Upon receipt of a reference from the Government under section 10, the Industrial Tribunal/Labour Court concerned shall issue notices in Form ’D - 2’ upon the parties to the dispute as mentioned in the order of reference, requiring them to appear before it on a specified date either by themselves or through their authorised representatives for necessary directions.
1. Rules 20A and 208 ins. by Notifn. No. 1582 - IR/IR - I/66 dated 18th March, 1968.
(1) The Industrial Tribunal/Labour Court shall on the date fixed in the summons for the appearance of the parties direct the party which appears to the Tribunal/ Labour Court to be the party at whose instance the reference has been initiated or where no such party can be ascertained, the party, which, in the opinion of the Industrial Tribunal/Labour Court, ought to be required to state its case first (hereinafter referred to as the first party) to state its case, together with the grounds upon which the claim for relief is founded, 2[and a list of relevant documents which are in their possession and upon which they want to rely] in writing on a date fixed by the Industrial Tribunal/Labour Court which shall ordinarily be within two weeks from the date of the order.
2. Ins. by Notifn. No. 2618 - IR/EIL/1A - 4/74 dated 5th June, 1976.
(2) A
1[(1) Within 14 days from the date of filing of the written statement by the second party, the parties shall file a list disclosing the documents which are in their possession and power relating to the matter or matters in dispute and upon which they want to rely, and each party shall give a notice to the other of the date on which its list is filed.
(2) Within 10 days from the date of filing its list of documents, such party shall furnish to the other copies of the documents disclosed in the lists except the original registers, books of accounts and such other documents as may be exempted by the Industrial Tribunal or the Labour Court, as the case may be,]
1. Sub - rules (1) and (2) subs by Notifn. No. 1807 - IR dated 12.11.1993. Before substitution it stood as under.
"(1) Within 10 days from
(1) After the parties have filed their statements, the Industrial Tribunal/Labour Court may fix a date for framing, if necessary, issues relating to and arising out of the point or points in dispute, as referred and matters incidental thereto, as well as additional or subsidiary issues, not enlarging in any way the scope of the points referred for adjudication on the merits. nor adding to their number but required for dealing with extrinsic contentions raised by the parties about the reference and for its hearing.
2. Rules 20D to 20F ins by Notifn No. 1582 - IR/IR/IR - 1/66 dated 18th March. 1968.
(2) The Industrial Tribunal/Labour Court may at any stage of the proceedings, either upon or without the application of any party and on such terms as may appear to the Industrial Tribunal/Labour Court just, order that the name of any party wh
The Industrial Tribunal/Labour Court may at any stage of the proceedings, either upon or without an application by any party and on such terms as may appear to the Industrial Tribunal/Labour Court just issue summonses to any person in Form ’D - 4’ either to give evidence or to produce documents or for both purposes on a specified date time and place.
(1) After all interlocutory proceedings have been finished the Industrial Tribunal/Labour Court shall fix a date for fixing a date of final hearing.
(2) At the end of the day on which dates are fixed for final hearing of the case the Industrial Tribunal/Labour Court shall exhibit a list showing therein the dates so fixed.]
2[(1)] Where any date is fixed for a particular purpose or any period is fixed or granted for the doing of any act prescribed by the rules, the Industrial Tribunal/Labour Court may in its discretion alter tile date or enlarge such period as the case may be, from time to time and make such order as it thinks it with respect to the costs occasioned by such alteration of date or enlargement of time.]
1. Ins. by Notifn. No 1582 - IR/IR/IR - 1/66 dated 18th March. 1968.
2. Original Rule 20G renumbered as sub - rule (1) of that rule by Notifn No. 2618/1R/EIL/IA - 4/74 dated 5th June. 1976.
3[(2)] All petitions to the Industrial Tribunal/Labour Court shall be filed, by 12 noon at the latest on any working day after due service of the same on the other party and shall be moved before the Industrial Tr
(1) When a case is taken up for hearing the Industrial Tribunal/Labour Court shall first decide having regard to the nature of the dispute and the issues requiring adjudication which party shall be called upon to open its case and lead evidence. The party called upon by the Industrial Tribunal/Labour Court to open its case and lead evidence shall comply with the order of the Industrial Tribunal/Labour Court.
Thereafter the other party to the dispute shall open its case and lead evidence.
(2) After the evidence of both parties is concluded the party tendering evidence last shall first address the Industrial Tribunal/Labour Court generally and thereafter the other party shall do the same.]
4. Rule 20H ins. by notifn No 1582 - IR/IR/lR - 1/66 dated 18th March 1968
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If without sufficient cause being shown, any party to a proceeding 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 such party had duly attended or had been represented.
If without sufficient cause being shown both the parties fail to appear before a Board, Court, Labour Court. Tribunal or Arbitrator, the Board. Court, Labour Court, Tribunal or Arbitrator may submit a suitable report to the State Government and the Labour Court. Tribunal or an Arbitrator may submit an award to the State Government on the footing that the industrial dispute under reference is no longer in existence.
A Board or Court or any member thereof or a Conciliation Officer. Labour Court or Tribunal under the Act, at any time during hours of work 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.
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 adjournments;
(c) reception of evidence taken on affidavit;
1[(d) framing of additional or subsidiary issues;
(e) addition of parties:]
and the Board. Court. labour Court or Tribunal may summon and examine any person whose evidence appears to it to be material and shall be deemed to be a Civil Court within the meaning of sections 480 and 482 of the Code of the Crimi
In determining the costs of, and incidental to, any proceeding before a labour court or an Industrial Tribunal, such labour Court or Industrial Tribunal -
(a) shall have regard. inter alia, to the traveling and other expenses, allowed and paid to the witnesses of a party for attending such Industrial Tribunal or labour Court, the compensation, if any, allowed by the Industrial Tribunal or labour Court and paid to the party’s witnesses for the loss suffered by them by reason of having to attend such Industrial Tribunal or labour Court and remuneration, if any, allowed and paid to expert witnesses as well as such allowances and, if considered proper, such compensation, for a party himself when he was called as a witness or required to produce a document by the other party unless the same has already been paid to such party: and
(b) may ha
Where assessors are appointed to advise a Tribunal under sub - section (4) of section 7A or by the Court, labour Court or Tribunal under sub - section (5) of section 11, the Court. labour Court, or Tribunal, as the case may be, shall, in relation to the proceedings before it, obtain the advice of such assessors but such advice shall not be binding on it.
All questions arising for decision at any meeting of a Board or Court, save when 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.
The Labour Court, Industrial Tribunal or Arbitrator may -
(i) correct any clerical or arithmetical mistake arising from an accidental slip or omission in any award made by it or him, and
(ii) review an award on the ground of some mistake or error apparent on the face of the record, either of its/his own motion or on the application of any of the parties;
2[(iii) for sufficient cause set aside after notice to the opposite party or parties, as the case may be, the ex parte award or an award on the footing that the industrial dispute under reference is no longer in existence either of its/his own motion or on the application of any of the parties] ;
Provided that no correction shall be made without previous notices to the parties or opposite party, a
The representatives of the parties appearing before a Board, Court, Labour Court, Tribunal or an Arbitrator shall have the right of examination cross - examination, re - examination and of addressing the Board. Court. Labour Court. Tribunal or Arbitrator when an evidence has been called.
A party appearing by an authorised representative shall be bound by the acts of such representative.
The proceedings before a Board. Court. Labour Court or Tribunal shall be held in public:
Provided that the Board. Court. Labour Court or Tribunal may at any stage direct that any witness shall be examined or its proceedings shall be held in camera.
The Chairman or a member of a Board or Court or the Presiding Officer or an Assessor of a Labour Court or Tribunal or an Arbitrator, if a non - official, shall be entitled to draw traveling allowance and halting allowance for any journey performed by him in connection with the performance of his duties, at the rates admissible and subject to the conditions applicable to a Government servant of the first grade under the Fundamental and Subsidiary Rules.
The Chairman and a member of a Board or Court, the Presiding Officer and an Assessor of a Labour Court or Tribunal, wherever he is not a salaried officer of Government may be granted such fees as may be sanctioned by the State Government in each case.
Every person who is summoned and duly attends or otherwise appears as a witness before a Board, Court, Labour Court, Industrial Tribunal or an Arbitrator, shall be entitled to an allowance for diet, traveling and other expenses according, in the City of Calcutta, to the rules prescribed for witnesses in the High Court and, elsewhere, to the rules prescribed in respect of witnesses in the District Courts by the Civil Procedure Code and the High Court’s Civil Rules and Orders and he may, in the discretion of such Board, Court, Labour Court, Industrial Tribunal or Arbitrator, also be allowed compensation for loss actually suffered by reason of his attendance, as in the case of witnesses before the Civil Court, A person examined as an expert may be allowed, in addition to traveling and other expenses, reasonable remuneration for the time occupied both in giving evidence and in performing any work of an expert character necessary
Any employer intending to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule 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 - or association, the notice in Form ’E’ shall be served on the Secretary or Principal Officer of the trade union or association and copies of such notices shall be affixed on Notice Boards at or near the entrance or entrances of the establishment concerned and notice shall remain so affixed for a period of twenty - one days. The notice shall be in English, Bengali and in the language understood by the majority of the workmen in the establishment concerned. 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 all such workmen:
Provided that if the Secretary or the Principal Officer refuses to receive the notice or that for any other reason the
(1) Any employer in respect of whom an order under sub - section (1) of section 3 has been made shall forthwith proceed to constitute a Works committee in the manner hereinafter provided.
(2) Any employer, in respect of whom an order under sub - section (1) of section 3 has been made, may, if subsequently, on all days during any period of twelve months the number of workmen employed by him be less than one hundred, apply to the Labour Commissioner for revocation of the said order. On receipt of such application the Labour Commissioner shall make an enquiry and may, if satisfied as to the merits of the application, recommend to the State Government for revocation of the said order. The State Government may then revoke the said order, if it considers necessary so to do in the public interest.]
Rule 36 subs. by Notifn. No. 5324 - IR/IR/IR -
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.
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.
(1) Where any workmen of an establishment are members of a registered trade union, the employer shall ask the union to inform him in writing -
(a) how many of the workmen are members of the union; and
(b) how their membership is distributed among the sections shops or departments of the establishment.
(2) Where an employer has reason to believe that the information furnished to him under sub - rule (1) by any trade union is false he may after informing the union refer the matter to the Labour Commissioner. West Bengal, for his decision; and the Labour Commissioner after hearing the parties shall decide the matter and his decision shall be final.
On receipt of the information called for under rule 39, the employer shall provide for the election of workmen’s representatives on the committee in two groups - (1) those to be elected by the workmen of the establishment who are members of the registered trade union or unions. and (2) those to be elected by the workmen of the establishment who are not members of the registered trade union or unions, bearing the same proportion to each other as the union members in the establishment bear to the non - members:
Provided that where more than half the workmen are members of the union or anyone of the unions, so such division shall be made:
Provided further that where a registered trade union neglects or fails to furnish the information called for under sub - rule (1) of rule 39 within one month of the date of the notice requiring it to furni
Where under the rule 40, 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 the workmen shall vote in either by groups, sections, shops 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 casual employees, who are not less than 18 years of age and who have put in not less than six month’s continuous service in the establishment shall be entitled to vote in the election of the representative 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 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 number of seats to be elected by the groups, sections, shops or departments and the number of seats 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 regi
(1) Every nomination shall be made on a nomination paper in Form ’F’ 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 atleast two other voters belonging to the group, section, shop or department the candidate seeking election will represent, and shall be delivered to the employer.
(1) On the date following the last day fixed for filing nomination papers, the nomination papers shall be scrutinised by the employer in the presence of the candidates and the attesting persons and those which are not valid shall be rejected
(2) For the purpose of sub - rule (1), a nomination paper shall be held to be not valid if (1) the candidate nominated is ineligible for membership under rule 42, or (b) the requirements of rule 45 have not been complied with:
Provided that where a candidate or the person attesting is unable to be present at the time of the scrutiny, he may send a duly authorised nominee for the purpose.
(1) If the number of candidates who have been validly nominated is equal to the number of seats the candidates shall be forthwith declared duly elected.
(2) If in any constituency the number of candidates is more than the number of seats allotted to it voting shall take place on the day fixed for election.
(3) The election shall be held in such manner as may be convenient for each electoral constituency.
(4) The voting shall be conducted by the employer, and if any of the candidates belong to a union such of them as the union may nominate shall be associated with the election.
(5) Every workman entitled to vote at an electoral constituency shall have as many votes as there are seats to be filled in the constituency:
The employer shall be responsible for all arrangements in connection with the election:
1[Provided that where there is a dispute or an apprehended dispute or where either the employer or the workers make a specific request to the Labour Commissioner. the Labour Commissioner shall depute an officer to supervise the election.]
1 Proviso added by Notifn. No. 4368 - IR/IR/1R-10/62 dated 26th September. 1962.
(1) The Committee shall have among its office - bearers a Chairman, a Vice - Chairman. Secretary and a Joint Secretary. The Secretary and the Joint Secretary shall be elected every year.
"
2[(2) The Chairman shall be nominated by the employer from amongst the employer’s representatives on the Committee and he shall ordinarily be the head of the employer’s representatives on the Committee from amongst themselves. In the absence of the Chairman, the Vice - Chairman shall preside over the Committee meetings:
2 Sub - rule (2) subs by ibid
Provided that the position may be reviewed by the State Government after three years from 1960 or from the date of formation of the Works Committee for the first time, whichever is later, and the post of Chairman may t
(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 1[and such further period as may elapse between the expiry of the said two years and the date on which his successor is elected.]
(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.
1. Added by Notifn. No. 5324 - IR/IR/IR - 5/60 dated 31st August. 1961
In the event of the workmen’s representative ceasing to be a member under sub - rule (3) of rule 50 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 these rules 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 co-opted member shall not be entitled to vote and shall be present at meetings only for the period during which the particular question is before the Committee.
(1) The Committee may meet as often as necessary but not less often than once in three months (a quarter).
(2) The employer shall, after giving not less than three day’s notice convene the first meeting of the Works Committee for selection of the office bearers under rule 49.
2[(1)] The employer shall provide accommodation for holding meetings of the Committee. He shall also provide all necessary facilities to the Committee and to the members thereof for carrying out the work of the Committee. The Committee shall ordinarily meet during the 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.
2. Original rule 54 renumbered as sub-rule (1) of that rule by Notifn. No 4368 - IR/IR/IR - 10/62 dated 26th September. 1962
1[(2) The Secretary of the Works Committee may, with the prior concurrence of the Chairman, put up notices regarding the work of the Committee on the notice board of the establishment],
1. Sub - rule (2) added by Notifn No. 4368 - IR/IR/IR-10/62 da
- The functions of the Works Committee shall relate amongst others to the following matters, namely:-
(i) conditions of work, such as ventilation, lighting, temperature and sanitation including latrines and urinals,
(ii) amenities, such as drinking water, canteens, dining rooms, crèches rest rooms. medical and health services,
(iii) safety and accident prevention, occupational diseases and protective equipments,
(iv) adjustment of festival and national holidays,
(v) administration of welfare and fine funds,
(vi) educational and recreational activities, such as libraries, reading rooms cinema shows, sports, games. picnic parties, community welfare and celebrat
The State Government or where the power under section 3 is delegated under section 39 to the Labour Commissioner, the Labour Commissioner 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 it or he is satisfied that the Committee has not been constituted in accordance with these rules or for any other adequate reason:
Provided that where a Works Committee is dissolved under this rule, the employer may take steps to reconstitute the Committee in accordance with these rules.
(1) Any party to an industrial dispute desiring to obtain copies of proceedings of a Board, Court, Labour Court or Tribunal shall make an application for copies to the Chairman. Copies of any number of documents on the same record may be obtained on a single application, A stranger may obtain copies of awards and, on showing sufficient reason to the satisfaction of the Tribunal or Labour Court concerned, also copies of other proceedings on making an application for copies to the Chairman. Proceedings shall include exhibits which have been put in and formally accepted as evidence by the Board. Court. Labour Court or Tribunal. But a stranger shall not be given copies of private documents except with the consent of the person by whom they were produced or his successor-in-interest. 1[No copy of award shall. however, be supplied till the Government order for its publication is issued.]
(2) Every application for copy shall be p
(1) All copies shall be prepared on the prescribed stamped paper (i.e. the folio), [or on demy paper/ thick paper by affixing the adhesive stamp of equal value of folio.]
(2) If it be not possible at once to inform the applicant what court - fee stamps and folios will be required in respect of the copies applied for, the requisite information shall be communicated to the applicant as soon as may be thereafter and in any case not later than three days from the date on which the application is received, by noting on the counterfoil portion of the application form which will be taken delivery of by the applicant from the office of the Chairman within three days from the date of filing of the application.
(1) The charge for copies (manuscript or typewritten, certified or uncertified) shall be according to the following rates and manner. namely : -
(a) an impressed stamped paper of four annas [forty paise] (i.e. folio) [or on demy paper/thick paper by affixing the adhesive stamp of equal value of folio] for copies of documents containing 150 words or less.
(b) an impressed stamped paper of four annas [forty paise] (i.e. folio) [or on demy paper/thick paper by affixing the adhesive stamp of equal value of folio] with an adhesive stamp of four annas [forty paise] affixed thereto for copies of documents containing 151 to 300 words. and
(c) for copies of documents containing more than 300 words, besides the requisites specified in clause (b), an additional impressed stamp paper or papers of four an
In the case of certified copies the court - fee chargeable under the Court - fees Act, 1870 (VII of 1870). shall be levied by affixing the necessary stamp to the first folio of the copy or to the map or the plan, as the case may be, and such court - fee stamp shall be punched with a square punch and signed across by the certifying officer.
(1) On receipt of the information referred to in sub - rule (2) of rule 57 the applicant shall present the requisite folios stamps, etc. to the Chairman along with the counterfoil of his original application on which receipt of the stamps, folios, etc., filed shall be acknowledged and the date on which the copy will be ready for delivery noted. The counterfoil shall then be returned to the applicant.
(2) If the requisite folios, stamps, etc., are not filed within seven days from the date on which the information to in sub - rule (2) of rule 57 is communicated to the applicant, the application shall be liable to be struck off. An application once struck off shall not be revived. If necessary, a fresh application may be filed.
The copy shall be ready for delivery to the applicant within seven days from the date of his filing the requisites in full. If the copy be not taken delivery of within two months from its being ready for delivery, the copy and the unused stamps shall be liable for destruction. When the copy together with the unused folios, etc., is delivered to the applicant the signature therefore and the date of delivery shall be taken on the back of the application. The counterfoil shall at the same time be taken back from the applicant and kept attached to the application.
All applications for copies shall be numbered consecutively and entered in a register maintained for the purpose in Form ’H’.
In order to maintain a proper account of all court - fees received, a court - fee register shall be maintained in Form ’I’ by the office of the Chairman for entering therein the court - fee application for copies. Court - fees shall be cancelled by punching in the manner laid down in section 30 of the Court - fees Act, 1870 (VII of 1870).
(1) Each page of the copy shall be signed at the bottom by the person copying it. It shall also bear at the end, signature of the clerk who examined it. Every alteration or interlineation shall also be installed by him.
(2) All copies shall be carefully compared by a salaried comparing clerk and if certified copies are applied for, shall be certified to be true copies. Each page shall be sealed with the seal of the office of the labour Court or Tribunal and the copy shall be signed in full at the end by the Certifying Officer with the designation and date.
The Head Clerk of the office of the Tribunal shall be the public officer authorised under section 76 of the Indian Evidence Act, 1872 (1 of 1872), to certify all copies issued from the office of the Tribunal or Labour Court.
1[The State Gove
Application for urgent copies may be made at any time during the office hours. Such copies shall ordinarily be ready for delivery on the day following the date of filing of the urgent fees and other requisites. The additional fees for urgent copies shall be Re.1 up to copies with 600 words or less. For copies exceeding 600 words an additional fee of annas [40 paise] for every 150 words or fraction thereof is to be filed. Such fees are to be filed by means of court - fee stamp to be fixed to the application for copy or to a separate blank sheet of paper.
No fees are to be demanded for copying or typing papers required by public officers for public purposes.
In such cases the copies are to be prepared on plain paper.
No copy shall be granted of any notes recorded by a Labour Court or Tribunal for its own use or of any exhibit or document which the Labour Court or Tribunal may consider to be confidential.
(1) Records of all cases of reference under section 10 and of complaint under section 33A shall consist of three files to be styled and marked respectively. File A. File B and File C. of which -
(i) File a shall contain -
(a) Table of contents:
(b) Order Sheet of the whole case;
(c) Order of reference with addenda or corrigenda thereto;
(d) Statement of the case and the written statement of the parties involved:
(e) Issues:
(f) Award or decision and other Orders:
(g) Printed extract of the ’Calcutta Gazette’ publishing the award:
&n
(1) Files of the records of Industrial Tribunals and Labour Courts as specified in column (1) of the Table below shall be preserved for the periods specified in the corresponding entries in column (2) of the said Table:
TABLE
Files Period of preservation
(1) (2)
File A Six years from the date of publication of the
Award in the "Calcutta Gazette" or in case of
Appeal, six years from the date of judgment or
Order of the High Court or the Supreme Court,
as the case may be.
(1) After the expiry of the period of preservation provided in rule
67B, the records of Industrial Tribunals and Labour Courts shall, subject to the provisions of sub - rule (2), be destroyed and disposed of in the manner specified in sub rule (3).
(2) To enable the parties who have filed documents to withdraw the same before destruction. a notice shall be served upon each of them stating that all documents filed will unless taken back previously be destroyed after thirty days from the date of the notice. Such notice shall contain the name of the Court or Tribunal, the number, year and parties of the case in which the documents was filed, and the particulars of the documents. On the expiry of the said thirty days all unreturned documents shall be destroyed without fail.
(3) Confidential recor
(1) A settlement arrived at in the course of conciliation proceedings or otherwise shall be in Form ’J’.]
1. Ins. by Notifn. No. 3089 - IR/IR/1R-4/65 dated 7th July. 1967
2[(2) The settlement shall be signed -
(a) in the case of the employer, -
(i) by the employer himself or by his authorised agent or where the employer is an incorporated company or other body corporate, by the agent, manager or any other principal officer of the company or other corporate body, or
(ii) by an officer referred to in clause (a) or clause (b) of subsection (2) of section 30, or where the employer is not a member of any association of employer, by an officer or other employer referred to in clause (c) of the said sub - sec
.(1) Every complaint under section 33A of the Act shall be as many copies of the complaint as there are opposite parties to the complaint.
(2) Every complaint under sub - rule (1) shall be verified at the foot by the workmen making it or by some other person proved to the satisfaction of the Labour Court or Tribunal to be acquainted with the facts of the case.
(3) The person verifying shall specify by 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.
(1) An employer intending to obtain the express permission in writing of the Conciliation Officer, Board, Labour Court or Tribunal, as the case may be under sub - section (1) or subsection (3) of section 33 shall present an application in Form ’L’ in triplicate to such Conciliation Officer, Board. Labour Court or Tribunal and shall file along with the application as many copies thereof as there are opposite parties.
(2) An employer seeking the approval of the Conciliation Officer. Board. Labour Court or Tribunal, as the case may be, of any action taken by him under clause (a) or clause (b) of sub - section (2) of section 33 shall present an application in Form ’M’ in triplicate to such Conciliation Officer, Board, Labour Court or Tribunal and shall file along with the application as many copies thereof as there are opposite parties,
(3)
(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 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 15 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 rccognised as "protected workmen".
(3) Copie
All books, papers and other documents or things produced before a Board, Court, Labour Court or Tribunal or Arbitrator whether voluntarily or in pursuance of a summons may be inspected by the Board, Court, Labour Court, Tribunal or Arbitrator and also by such parties as the Board. Court, Labour Court, Tribunal or Arbitrator allows; but the information obtained therefrom shall not, except as provided in the Act, be made public: such parts of the books papers, documents or things as in the opinion of the Board, Court, Labour Court, Tribunal or Arbitrator do no relate to the matters at issue may be sealed up.
All notices of strikes, lock - outs under the Act shall be given in the following manner:
(1) In the case of a notice of strike, it shall be signed either by the President or the Secretary of the registered trade union of which the workmen are members or by seven workmen employed in the industrial establishment concerned, if the workmen are not members of a registered trade union. If the notice is given by a registered trade union, it shall be accompanied by a signed statement that any ballot or other steps necessary to be taken under the rules of the union have been taken before giving the notice: if the notice is given by the workmen it shall be accompanied by a signed statement that the majority of the workmen are in favour of giving notice of the strike and have authorised them to sign the notice; the notice in each case shall also be accompanied by a list of demands of the wor
(1) Where any specified sum of money is due to a workman from an employer under a settlement or an award or under the provisions of Chapter VA of the Act, the workman concerned 2[or any other person authorised by him in writing in this behalf or in the case of a deceased workman. his assignee or heirs] may apply to the State Government in form ’Q’ in duplicate for the recovery of the money due to him.
(2) 3[* * * * *]
(3) On specification of a Labour Court by the State Government the workman concerned 4[or any other person authorised by him in writing in this behalf or in the case of a deceased workman. his assignee or heirs] may apply to the Labour Court so specified in Form ’Q-2’ for actual determination of the amount of his dues.
1. Section 74 subs. by Notifn. No. 1462 - IR/IR/IR - 9/62 dat
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 in Form ’N’ or ’N-1’ as the case may be.
Whenever a workman whose name is borne on the muster-rolls of an industrial establishment is laid - off by the employer, the employer shall immediately report in Form ’Q’ the information of such layoff to the Labour Commissioner, the Conciliation Officer concerned and the Secretary to the Government of West Bengal. Labour Department.]
6 Subs. by Notifn No. 452 - IR/EIL/IR-2/75 dated 221 1976. Before substitution it stood as under.
"76. Notice of lay-off. - Whenever a workman whose name is borne on the muster-rolls of an industrial establishment is laid - off by the employer the employer shall as soon as possible report In Form ’Q’ the Information of such lay-off to the Labour Commissioner the Conciliation Officer concerned.
(1) Application of 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 ’Q - 1’ 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.
7. Rule 76A Ins. by Notifn. No.1393 - IR/EIL/IR-1976 dated 24th March. 1976
(2) The application for permission to lay - off or continue a lay - off shall be made in triplicate and sufficient number of copies of the application for service on the workmen concerned shall also be submitt
(1) The notice of retrenchment to be given by an employer under clause (c) of section 25F shall be in form ’P’ and such notice shall be served on the State Government either by personal service or by registered post -
(i) not less than one month before the date of actual retrenchment if notice of retrenchment is given to a workman;
(ii) within three days of the date of retrenchment if no notice is given to a workman and he is paid one month’s wages in lieu thereof;
(iii) not less than one month before the date of actual retrenchment if retrenchment is carried out under an agreement which specifies a date for the termination of service:
1. Rule 77 ins. by Notifn. No. 763-IR/IR/IR - 12/62 dated 22nd February. 1964.
&n
(1) Every employer shall prepare and maintain a list of all workmen in each category employed in his establishment arranged according to seniority of service in the category concerned.
(2) A copy of the list of all workmen in the particular category from which retrenchment is contemplated, indicating in it the names of the persons who are proposed to be retrenched, shall be posted on a notice Board in a conspicuous place in the premises of the establishment easily accessible to the workmen, at least seven days before the date of retrenchment, if the contemplated retrenchment takes place after the expiry of the said period of seven days.]
2. Rule 77A ins. by Notifn. No. 763-IR/IR-IR-12/62 dated 22nd February, 1964.
(1) Notice under clause (c) of sub-section (1) of section 25N for retrenchment shall be served in Form ’PA’, and served on the State Government or on such authority as may be specified by that Government under the said clause, either personally or by registered post acknowledgement due and where the notice is served by registered post, the date, on which the same was delivered to the State Government or the authority, shall be deemed to be the date of service of the notice for the purposes of sub-section (3) of the said section.
(2) Application for permission for retrenchment under sub - section (4) of section 25N shall be made in Form ’PB’ (with an attested copy of the notice given by the employer under clause (a) of section 25F appended thereto) and delivered to the State Government or to such authority as may be specified by the Government, either personally or by registered pos
(1) Every employer shall maintain a register called the Register of Retrenched Workmen which shall contain the name, nature of work, address obtained from workmen and periods of service of the retrenched workmen.
(2) On the occurrence of vacancies after retrenchment, when an employer proposes to take into his employ any person, he shall -
(i) arrange for display on a Notice Board in the premises of the establishment of the details of the vacancies to be filled;
(ii) if the employer seeks the assistance of the Employment Exchange in the area in filling the vacancies, inform the Exchange that the names of such of his retrenched workmen as may have been registered with the Exchange may be submitted to him along with the names of other suitable candidates: and
&nb
(1) The authority to be given by the workman under clause (c) of sub - section (1) of section 36 shall be in Form ’R’, Such authority shall be signed by the workman concerned.
(2) The authority to be given by an employer under clause (c) of subsection (2) of section 36 shall be in Form "R - 1", Such authority shall be signed by the employer or when the employer is an incorporated company by the agent, manager or any other principal officer of such company or body corporate,
(3) The authorisation filed under sub - rule. (1) or sub - rule (2) shall be accepted by the authority concerned by making an endorsement to that effect on the body of the Form ’R’ or Form ’R - 1’, as the case may be. on being satisfied that the person seeking to represent a party is acting bona fide.
(4) Before accepting a
(1) The notice of closure under sub - section (1) of section 25FFA shall be in triplicate in Form ’P-1’ and served on the Secretary to the Government of West Bengal Labour Department, by registered post with acknowledgment due so that such notice is received by the Secretary at, least sixty days before the date on which the intended closure is to become effective. Such notice shall be signed by a person not below the rank of a manager or equivalent position, who is fully conversant with the affairs of the undertaking concerned and duly authorised to act on its behalf.
(2) A copy of the notice referred to in sub - rule (1) shall also be served by registered post with acknowledgment due on -
(i) the Labour Commissioner, West Bengal.
(ii) the Conciliation Officer having jurisdiction over the are
(1) Notice under sub - section (1) of section 25-O of intended closure shall be given in Form ’P-2’ and served on the State Government either personally or by registered post with acknowledgement due.
(2) Application for permission to close down an undertaking under subsection (3) of section 25-O. shall be made in Form ’P-3’ (with an attested copy of the notice served by the employer, under sub - section (1) of section 25FFA 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 was delivered to the State Government shall be deemed to be the date on which the application was made for the purposes of sub - section (4) of the said section.
(3) The notice or as the case may be, the application shall be
Any breach of these rules shall be punishable with fine not exceeding fifty rupees.
The Bengal Industrial Disputes Rules, 1947, 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.
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