In exercise of the powers conferred by Section 38 of the Industrial Disputes Act, 1947 (Central Act XIV of 1947) the Government of Kerala hereby makes the following Rules the same having been previously published as required by sub-section (1) of the Section, These rules will come into force with effect from 10-3-1957.

Read full Act

S.Rule 43 Groups of Workmen's representatives.--

On receipt of the information called for under rule 42 the employer shall provide for the election of workmen's representatives on the Committee in two groups.

1. those to be elected by the workmen of the establishment who are members of the registered trade union, or unions, and

2. those to be elected by the workmen of the establishment who are not members of the registered trade union or unions.

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

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

Provided further that where a registered trade union neglects or fails to furnish the information called for under rule 42 within one month of the date of the notice requiring it to furnish such information such union shall for the purpose of this rule be treated as if it did not exist.

S.Rule 44 Electoral constituencies.--

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

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

S.Rule 45 Qualifications of candidates for election.--

Any workmen of not less than 19 years of age and with a service of not less than one year in the establishment may if nominated as provided in these rules, be a candidate for election as a representative of the workmen on the Committee:

Provided that the service qualification shall not apply to the first election in an establishment which has been in existence for less than a year.

S.Rule 46 Qualifications for voters.--

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

S.Rule 47 Procedure for election.--

(1) The employer shall fix a date as the closing date for receiving nominations from candidates for election as workmen's representatives on the Committee.

(2) For holding the election, the employer shall also fix a date which shall not be earlier than three days and later than ten days after the closing date for receiving nominations.

(3) The dates so fixed shall be notified at least seven days in advance to the workmen and the registered trade union or unions concerned. Such notice shall be affixed on the notice board or given adequate publicity amongst the workmen. The notice shall specify the number of seats to be elected by the groups, sections, shops or departments and the number to be elected by the members of the registered trade union or unions and by the non-members.

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

S.Rule 48 Nomination of candidates for election.--

(1) Every nomination shall be made on a nomination paper in Form 'G' copies of which shall be supplied by the employer to the workmen requiring them.

(2) Each nomination paper shall be signed by the candidate to whom it relates and attested by at least two other voters belonging to the group, section shop or department the candidate seeking election will represent, and shall be delivered to the employer.

S.Rule 49 Scrutiny of nomination papers.--

(1) On the day following the last day fixed for filing nomination papers, the nomination papers shall be scrutinised by the employer in the presence of the candidates and the attesting persons and those which are not valid shall be rejected.

(2) For the purpose of sub-rule (1) a nomination paper shall be held to be not valid if (a) the candidate nominated Is ineligible for membership under Rule 45 or

(b) the requirements of Rule 47 have not been complied with.

S.Rule 50 Voting in Election:--

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

(2) If in any constituency number of candidates is more than the number of seats allotted to it, voting shall take place on the day fixed for election.

(3) The election shall held in such manner as may be convenient for each electoral constituency.

(4) The voting shall be conducted by the employer and if any of the work men concerned belong to a union by such of them as the union may nominate.

(5) Every workman entitled to vote an electoral constituency shall have as many votes sis there are seats to be filled in the constituency:

Provided that each voter shall be entitled to cast only one vote in favour of any one candidate.

S.Rule 51 Arrangements for election:--

The employer shall be responsible for all arange-ments in connection with the election.

S.Rule 52 Officers of the Committee:--

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

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

Provided further that the post of the Chairman or the Vice-Chairman as the case may be, shall not be held by a representative of the employer or the workmen for two consecutive terms.

(3) The Committee shall elect the Secretary and the Joint Secretary provided that where the Secretary is elected from amongst the representatives of the employers, the Joint Secretary shall be from amongst the representatives of the workmen and vice versa:

Provided further that the post of the Secretary or the Joint Secretary as the case m

S.Rule 53 Term of office:--

(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.

S.¹[Rule 54 Vacancies.--

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

S.Rule 55 Power to co-opt.--

The Committee shall have the right to co-opt in a consultative capacity persons employed in the establishment having particular or special knowledge of a matter under discussion. Such co-opted members shall not be entitled to vote and shall be present at meetings only for the period during which the particular question is before the Committee.

S.¹[Rule 56 Number of meetings and transaction of business.--

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

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

S.Rule 57 Facilities for Meeting, etc.--

The employer shall provide accommodation for holding meetings of the committee. He shall also provide all necessary facilities to the Committee and to the members thereof for carrying out the work of the committee.

S.¹[Rule 57A Submission of proceedings of the meetings and Returns:--

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

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

S.Rule 58 Dissolution of Works Committee:--

The Government, or where the power under section 3 has been delegated to any officer or authority under section 39, such officer or authority may, after making such inquiry as it or he may deem fit dissolve any Works Committee at any time, by an order in writing if he or it is satisfied that Committee has not been constituted in accordance with these rules or that not less than two thirds of the number or representatives of the workmen have, without any reasonable justification failed to attend three consecutive meetings of the Committee or that the Committee has for any other reason ceased to function:

Provided that where a Works Committee is dissolved under this rule the employer may and if so required by the Government or. as the case may be, by such officer or authority shall, take steps to reconstitute the Committee in accordance with these rules.

S.Rule 59 Memorandum of settlement:--

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

(2) The settlement shall be signed by--

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

²[(b) in the case of the workmen by any officer of a trade union of the workmen, or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose.

Explanation.-- In this rule "officer" means any of the following officers namely:--

(a) the President

(b) the Vice-President

(c) the Secretary (including the General Secretary)

(d) a Joint Secretary

(e) any other officer of

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

(1) Every complaint under section.33A of the Act shall be presented in triplicate in Form 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 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.

S.Rule 61 Application under section 33.--

(1) An employer intending to. obtain the express permission in writing of the Conciliation Officer, Board Labour Court or Tribunal as the case may be under sub-section (1) or sub-section (3) of section 33 shall present an application in Form 'J' in triplicate to such Conciliation Officer, Board. Labour Court or Tribunal and shall file along with the application as many copies thereof as there are opposite parties.

(2) An employer seeking the approval of the Conciliation Officer. Board. Labour Court or Tribunal, as the case may be, of any action taken by him under clause (a) or clause (b) of sub-section (2) of section 33 shall present an application in Form 'K' in triplicate to such Conciliation Officer, Board, Labour Court or Tribunal and shall file along with the application as many copies thereof as there are opposite parties.

(3) Every application under Sub-rule (1) or sub-rule (2) shall be verified at the foot by the employer making it or by some other person pro

S.Rule 62 Protected workmen.--

(1) Every registered trade union connected with an industrial establishment, to which the Act applies, shall communicate to the employer before the ¹[30th April] every year, the names and address of such of the officers of the union who are employed in that establishment and who in the opinion of the union, should be 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 purpose of sub-section (3) of the said section and communicate to the union in working within fifteen days of the receipt of the names and address under sub-rule (1) the list of workmen recognised as protected workmen ²[for the period of twelve months from the date of such communication]

(3) Where the total number of names received by the em

S.¹[Rule 62A Application for recovery of dues:--

(1) Where any money is due from an employer to a workman or a group . workmen, under a settlement or an award or under the provisions of Chapter VA ²[Chapter VB] the workman or the group of workmen as the case may be, may apply in Form K-1 for the recovery of the money due:

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

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

³[Provided that in the case of the death of a workman, application shall be made in Fo

S.Rule 63 Appointment of Commissioner.--

Where it is necessary to appoint a Commissioner under sub-section (3) of section 33-C of the Act,' the 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 sis a Judge of a Civil Court, or as stipendiary magistrate or as a Registrar or Secretary of a Labour Court, or Tribunal constituted under any state 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.

S.Rule 64 Fees for the Commissioner etc.--

(1) The Labour Court shall after consultation with the parties estimate the probable duration of the enquiry and fix the amount of the Commissioner's fees and other incidental expenses and direct the payment thereof into the nearest treasury within a specified time by such party or parties and in such proportion as it may consider fit. The Commissioner shall not issue until satisfactory evidence of the deposit into the treasury of the sum fixed is filed before the Labour Court:

Provided that the Labour Court may from time to time direct that any further sum or sums be deposited into the treasury within such time and by such parties as it may consider fit:

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

(2) The Labour Court may, at any time for reasons to be recorded in writing vary the amount of the Commissioner's fees in consultation with the parties.

(3) The Labour Court may direc

S.Rule 65 Time for submission of report.--

(1) Every order for the issue of a Commission shall appoint a date allowing sufficient time, for the Commissioner to submit his report.

(2) if for any reason the Commissioner anticipates that the date fixed for the submission of his report is likely to be exceeded he shall apply, before the expiry of the said date, for extension of time setting forth grounds thereof and the Labour Court shall take such grounds into consideration in passing orders on the application:

Provided that the Labour Court may grant extension of time, notwithstanding that no application for such extension has been received from the Commissioner within the prescribed time limit.

S.Rule 66 Local Investigation.--

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

S.Rule 67 Commissioner's report.--

(1) The Commissioner after such local inspection as he deems necessary and after reducing to writing the evidence taken by him shall return such evidence together with his report in writing signed by him to the Labour Court.

(2) The report of the Commissioner and the evidence taken by him (but not the evidence, without the report) shall be evidence in the industrial dispute and shall form part of the record of the proceedings in the industrial dispute; but the Labour Court or, with the permission of the Labour Court any of the parties to the Industrial dispute may examine the Commissioner personally before the Labour Court regarding any of the matters referred to him or mentioned in his report or as to his reports; or as to the manner in which he has made the Investigation.

(3) Where the Labour Court is for any reason dissatisfied with the proceedings of the Commissioner it may direct such further enquiry to be made as it shall think fit.

S.Rule 68 Powers of Commissioner.--

Any Commissioner appointed under these rules may unless otherwise directed by the order of appointment.

(a) examine the parties themselves and any witness whom they or any of them may produce, and any other person whom the Commissioner thinks proper to call upon to give evidence in the matter referred to him;

(b) call for and examine documents and other things relevant to the subject of enquiry;

(c) at any reasonable time enter upon or into any land or building mentioned in the order.

S.Rule 69 Summoning of witnesses etc.--

(1) The provisions of the Code of Civil Procedure, 1908 (Act V of 1908) relating to the summoning attendance examination of witnesses and penalties to be imposed upon witnesses shall apply to persons required . to give evidence or to produce documents before the Commissioner under these rules.

(2) Every person who is summoned and appears as a witness before the Commissioner shall be entitled to payment by the Labour Court out of the sum deposited under Rule 64, of an allowance for expenses incurred by him in accordance with the scale for the time being in force for payment of such allowance to witnesses appearing in the Civil Courts.

S.Rule 70 Representation of parties before the Commissioner:--

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

S.Rule 71 Notice of strike:--

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

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

S.Rule 72 Notice of lock out:--

The notice of lock out to be given by an employer carrying on a public utility service shall be in Form M.
¹[The notice shall be displayed conspicuously by the employer on a notice board at the main entrance to the establishment and in the Manager's Office:

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

S.Rule 73 Report of Lick-out or strike.--

The notice of lock out or strike in a public utility service to be submitted by the employer under sub-section (3) of section 22, shall be in Form N.

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

The report of notice of a strike or lock out to be submitted by the employer under sub-section (6) of section 22 shall be sent by registered post or given personally to the Conciliation Officer appointed for the local area concerned with copy by registered post to:-

1. Secretary to the Government in the Department of Labour, Trivandrum.

2. Labour Commissioner.

3. The District Magistrate concerned.

S.Rule 75 Register of settlements.--

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

S.¹[Rule 75A Procedure for decision under section 25A (2).--

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

S.¹[Rule 75B Notice of lay off.--

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

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

S.¹[Rule 75BB Application for permission to lay-off under section 25M.--

(1) Application for permission to lay off any workman under sub-section (1) or for permission to continue a lay-off under sub-section (2) of section 25M shall be made in Form 0-3 and delivered to the authority specified under sub-section (1) either personally or by registered post with acknowledgement due and where the application is sent by registered post the date on which the same was delivered to the said authority shall be deemed.to be the date on which the application was made, for the purposes of sub-section (4) of the said section.

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

(3) The employer concerned shall furnish to the authority to whom the application for permission has been made such further information as the authority considers necessary for arriving at a decision on the application, as and when

S.¹[Rule 76 Notice of retrenchment:--

If any employer desires to retrench any workman employed in his industrial establishment, who has been in continuous service for not less than one year under him (hereinafter referred to as "Workman" in this rule and in rules 77 and 78), He shall give notice of such retrenchment as in "Form P" to the State Government, the Labour Commissioner, the Conciliation Officer in the local area and the Employment Exchange concerned, by registered post in the following manner:--

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

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

(c) where retrenchment is carried out under an agreement which specifies a date for the termination of service, notice of retrenchment shall be sent

S.¹[Rule 76A Notice of, and application for permission for, retrenchment.--

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

(2) Application for permission for retrenchment under sub-section (4) section 25N shall be made in Form PB [with attested copy of the notice given by the employer under clause (a) of section 25F appended thereto] and delivered to the Government or to such authority as may be specified by the Government either personally or by registered post with acknowledgement due and where the application is sent by registered post the date on which the same was delivered to the

S.Rule 76B Notice of Closure.--

If an employer intends to close down an undertaking, he shall give notice of such closure in "Form Q" to the State Government, the labour Commissioner and the Conciliation Officer and Employment, Exchange in the local area by registered post.)

S.¹[Rule 76C Notice of and application for permission for, closure.--

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

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

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

(4) The employer concerned shall furnish to the Government to whom the notice of intended closure has, been given or the applicatio

S.Rule 77 Maintenance of seniority list of workmen.--

(1) The employer shall prepare a list of all workmen in the particular category from which retrenchment is contemplated arranged according to the seniority of their service in that category and cause a copy thereof to be posted on a notice board in a conspicuous place in the premises of the industrial establishment at least seven days before the actual date of retrenchment.

S.Rule 78 Re-employment of retrenched workmen.--

(1) At least ten days before the date on which vacancies are to be filled, the employer shall arrange for the display on a notice board in a conspicuous place in the premises of the industrial establishment details of those vacancies and shall also give intimation of those vacancies to every one of all the retrenched workmen, eligible to be considered thereof, to the address given by him at the time of retrenchment or at any time thereafter:.

Provided that where the number of such vacancies is less than the number of retrenched workmen, it shall be sufficient if intimation is given by the employer individually to the senior most retrenched workmen in the list referred to in rule 77 the number of such seniormost workmen being double the number of such vacancies;

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

(2) Immed

S.Rule 79 Penalties:--

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

S.Rule 80 Repeal.--

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

S.Form A

Schedule 1[Form A (See Rule 3) Form of Application for the reference of an Industrial Dispute to A **Board of Conciliation/Court of Enquiry/Labour Court/Tribunal/National Tribunal Under section 10 (2) of the Industrial Disputes Act, 1947, Where as an industrial dispute **is apprehended/exists between...........and.................and it is expedient that** the matters specified in the enclosed statement which are connected with or relevant to the S.Form B    Form B    (See Rule 6) Where as in industrial dispute has arisen between .........and............and it   is apprehended 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 investi-gating the Same  and for promoting a settlement thereof you are herby required to intimate to the undersign not later than the.......................the name (s) and _    _— address (es). of one (two) person (s) whom you wish to recommend for appoint 1[Form C (See Rule 7) Agreement (Under section 10-A of the Industrial Disputes Act, 1947) Between Names of the parties:- Representing Employer(s) Representing workmen /workman : It is hereby agreed between the parties to refer to the following dispute to the arbitration of............(here specify the name (s) and address (es) of the arbitrator (s): (i) S.Form D Form D (See Rule 17)     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 to answer all m S.Form E 1[Form E    (See Rule 35) Notice of Change of service Conditions Proposed by an Employer Name of employer.................................................................................................... Address................................................................................................................ Dated................. day of.....................196 In accordance with section 9A of the Industrial Disputes Act 1947 Form F (See Rule 37) Before (here mention the authority concerned) Reference No.....................of.................................................................workman Versus .........................................................................................................employer. In the matter of.................................................................................I/We hereby authorise Shri/Sarvashree..................................to represent me/us S.Form G Form G (See Rule 48) Form of Nomination paper Name of Industrial Establishment Group/Section/Shop/Department     I nominate (Here enter the name of th S.Form G1    1[Form G1 (See Rule 57A) Progress report on constitu tion and functioning of works Committee for the half year ending the 30th June/31 st December 1. Name and address of the establishment, 2. Name of the employer 3.(a) Number of.workmen employed.    (b) Name of Union, if any; (c) Application S.Form H 1[Form H (See Rule 59) Memorandum of settlement Names of parties. Representing employer (s) Representing workmen Short recital of case Terms of settlement   Signature of parties. Notes Settlement not in Form H but contains all l ingredients of form.H-is valid 1991 (2) LLN 771   Form HH (See Rule 59) Memorandum of Settlement   Name of parties. Representing employer (S) Representing workmen Short rectial of the case Terms of Settlement Signature of Parties. Name of signature of Witnesses 1. S.Form I Form I (See Rule 60) Before the Labour Court/Tribunal...................Compliant under section 33 of the industrial Disputes Act, 1947. A.........................................................................................................................................................Complaint(s) Address: - Versus B............................................................................................................................................................Opposite Party(ies) Address:- In th S.Form J Form J [See Rule 61(1)] Before (here mention the Conciliation Officer, Board, Labour Court orTribunal). Application or permission under sub-section (1) or sub-section (3) of Section 33 of Industrial Disputes Act, 1947 (XIV of 1947) in the matter of Reference. No...................... A....................... Address Versus B.................... Address (es)   S.Form K Form K (See Rule 61 (2)] Before(here mention the Conciliation Officer Board, Labour Court or Tribunal). A...............................................................................................Applicant Address(es):- Versus B...................................................................Opposite party (ies) Address (es):- The above mentioned applicant begs to state as foUows:-(here set out the relevant facts and circumstances of the case) *The Workman/workmen S.Form K1 1[Form K1 [See Rule 62A (1)] Application under sub-section (1) of section 33C of the Industrial Disputes Act, 1947.   To 1.    The Secretary to the Government of Kerala, Labour Department Trivandrum. 2.    The Labour Commissioner, Trivandrum. Form K2 [See Rule 62A (1)] Application by a Person Authorised by a'Workman or by the Assignee or heir a Deceased workman under Sub-Section (1) of Section 33C of the Industrial Disputes Act, 1947. To. 1.    The Secretary to Government of Kerala, Labour Department, Trivandrum 2.    The Labour Commissioner. Trivandrum 3. The District Labour Officer...................(Here insert the address of the District Labour officer of S.Form K-3 Form K-3      [See Rule 62Af2)] Application under Sub-Section (2) of Section 33C of the industrial disputes Acts, 1947   Before the Labour Court................ Between     (1)    Name of the applicant (s)....................... (2)    Name of employer........................... 1[Form K-4 [See Rule 62A(2)] Application by a person who is an Assignee or heir of a Deceased workman under sub Section (2) of Section 33C of the Industrial Disputes Acts, 1947  [14 of 1947] Before the Labour Court At........................... (I) Name of the applicant/applicants............................... Name of the employer I am/We are the assignee (s) heir (s) of the dece S.Form KKK 1[Form KKK [See Rule 62A] To 1.  The Secretary to Government of Kerala. Labour Department. Trivandrum. 2. The Labour Commissioner, Kerala. Trivandrum. 3.   The District Labour Officer..................(Here insert the District Labour Officer’s address of the District concerned) Sir, I have to state that I have been/was employed at.................[establishment of Mes P.O. District..............as ......... (designation)) (establishment) of M S.Form L Form L [See Rule 71] Form of Notices of Strike to be Given by1[2[Union]]/Workmen] in a public utility Service Name of Union 1[Names of five elected representatives of workmen) : Address  : Dated the....................................................day of.......................................19 To [The name of employer] Dear Sir/Sirs. In accordance with the provisions contained in sub-section (1) of Section 22 the Industrial Disputes Act, 1947 1/We hereby give you notice that < S.Form M 1[Form.M [See Rule 72] Form of Notice of Lock-out to be given by an employer carrying on a Public Utility Service Name of employer Address    Dated the...............day of.........19 In accordance with the provisions of sub-section (2) of Section 22 of the Industrial Disputes Act, ,1947 I/We hereby give notic S.Form N   Form N (See Rule 73) Form of Report of Strike or Lock-out in a Public Utility Service Information to be supplied in this form immediately on the occurrence of a strike or lock-out in public utility service to the Conciliation Officer for the local area concerned. Name of Station Normal Form O [See Rule 75] Register-Part I Serial No.   Industry. Parties to the Date of     Remarks. settlement settlement ** Whether the settlement was effected at the intervention of the or by mutual negotiations between the parties, maybe conciliation machinery indicated here. Part II S.Form O-I 1[Form O-I [See Rule 75B] To The Labour Commissioner (Kerala) Trivandrum. Sir, Under Rule75B of the Kerala Industrial Disputes Rules. 1957 I/We hereby inform you that I/We have laid off..........................out of a total of*................... Form 0-2 [See Rule 75 B] To. The Labour Commissioner (Kerala],   Trivandrum.   Sir,   As required by Rule 75B of the Kerala Industrial Disputes Rules, 1957 and in  continuation of my/our notice drted *.....................in Form O-1 I /we hereby inform you that the lay off in S.Form O-3   1[Form O-3 [To be Submitted in Triplicate with Additional Number of Copies for Service on the Workmen Concerned] [See rule 75 BB (i)]   Form of application for permission to lay-off workmen In industrial establishments to which provisions of Chapter V B of the Industrial Disputes Act, 1947 (14 of 1947) apply.  To .................................................. ................................................ ............................................... The authority specified under sub-section (1) of section 25 M of the Act] 1[Form P [See Rule 78] Form of notice of Retrenchment to be given by an Employer under Clause (C) of Section 25 (F) of the Industrial Disputes Act, 1947 Name of employer : Address     : 1[Form PA] [To be made in Triplicate with addition, number of copies for service on the workmen concerned] [See rule 76A (1)] Form of notice for permission for retrenchment of workmen to be given by an employer under clause (c) of sub-Section (1) of section 25N of the Industrial disputes Act, 1947 (14 of l947)   Date:............   To ...... S.Form PB Form PB [To be made in Triplicate with Additional Number of Copies for Service on the Workmen Concerned] [See rule 76A (2)] Form of applicant for permission for retrenchment of workmen in cases where at the commencement of the Industrial Disputes (Amendment) Act, 1976) (Act 32 of 1976) the period of notice given under clause (a) of Section 25F for the retrenchment has not expired Date. To ....................... S.Form Q 1[Form Q [See Rule 76 A] Form of Notice of closure to be given by an employer under section 25FFA of the Industrial Disputes Act, 1947 Address : Dated : The........................day of................197 To. The Secretary to Government. Labour Department, Government of Kerala, Trivandrum. Sir.    Under SecUon 25FFA of the Industrial Disputes Act. 1947 14 of 1947) I/We hereby inform you that I/We have decided to close down (name of the undertaking) with effect from........... S.Form QA 1[Form QA (To be Submitted in Triplicate) [See rule 76C(1)] Form of notice for permission of closure to be given by an employer under sub-section (1) of Section 25-0 of the Industrial Disputes Act, 1947 (14 of 1947)   Date...................   To,     The Secretary to Government, Labour Department, Trivandrum Sir,    S.Form QB Form QB (To be submitted in Triplicate) [See Rule 76C (2)] Form of Application for permission to close down an undertaking in case where at the Commencement of the industrial Disputes (Amendment) Act, 1976 (Act 32 of 1976), the period of notice  given under sub-section (1) of Section 25FFA of intention  (b) "Chairman" means the Chairman of a Board or Court or If the court consists of one person only, such person; (c) "Committee" means a Works committee constituted under sub-section (1) of Section 3 of the Act; (d) "Form" means a form In the schedule to these rules; (e) "Section" means a section of the Act; (f) With reference to clause (g) of section 2 it is hereby prescribed that In relation to an industry carried on by or under the authority of a Department of the Government, the officer In charge of the industrial establishment shall be the 'employer' In respect of that establishment. S.Rule 3 Application.-- An application under sub-section (2) of Section 10 for the reference of an industrial dispute to a Board, Court, Labour Court or Tribunal shall be made In Form A and shall be delivered to personally or forwarded by registered Post, 1[to the Secretary to the Government in the Department of Labour, Trivandrum (in triplicate), to the Labour Commissioner Trivandrum the District Labour Officer and the Deputy Labour Officer, concerned). The application shall be accompanied by a statement setting forth- (a) the parties to the dispute; (b) the specific matters in dispute; (c) the total number of workmen employed in the under taking affected; (d) an estimate of the number of workmen affected or likely to be affected by the dispute; and (e) the efforts made by the parties themselves to adjust the dispute. S.Rule 4 Attestation of application.-- The application and the Statement accompanying it shall be signed-- (a) in the case of an employer by the employer himself, or when the employer is an incorporated company or other body corporate, by the agent, manager or other principal officer of the corporation; (b) In the case of workmen, either by the President and a Secretary of trade union of the workmen, or by five representatives of the workmenduly authorised in this behalf at a meeting of the workmen held for the purpose. 1[(c) In the case of an individual workman, by the workman himself or by any officer of the trade union of which he is a member or by another workman in the same establishment duly authorised by him in this behalf: Provided that such workman is not a member of different trade union] S.Rule 5 Notification of appointment of Board, Court, Labour Court, or Tribunal.-- The appointment of a Board, Court, Labour Court or Tribunal together with the names of persons constituting the Board, Court, Labour Court or Tribunal shall be notified in the Official Gazette. S.Rule 6 Notice to parties to nominate representatives.-- (1) If the Government proposes to appoint a Board, it shall send a notice in Form B to the parties requiring them to nominate within a reasonable time persons to represent them on the Board. (2) The notice to the employer shall be sent to the employer personally, or if the employer is an incorporated company or a body corporate, to the agent, manager or other principal officer of such company or body. (3) The notice to the workmen shall be sent-- (a) in the case of workmen who are members of a trade union, to the President or Secretary of the trade union; and (b) in the case of workmen who are not members of a trade union, to any one workman who has attested the application made under rule 3; and in this case a copy of the notice shall also be sent to the employer who shall display copies thereof on notice boards in a conspicuous manner at the main entrance to the premises of the establishment. S.Rule 7 Arbitration agreement.-- An arbitration agreement for the reference of an industrial dispute to an arbitrator or arbitrators shall be made in Form C and shall be delivered personally or forwarded by registered Post 1[to the Secretary to the Government in the Department of Labour, Trivandrum (in triplicate) the Labour Commissioner, Trivandrum and the Conciliation Officer concerned in the Department of Labour S.Rule 8 Attestation of the arbitration agreement.-- The arbitration agreement shall be signed-- (a) in the case of an employer, by the employer himself, or when the employer is an incorporated. Company or other body corporate by the agent, manager, or other principal officer of the Corporation; 1[(b) In the case of the workmen, by any officer of a trade union of the workmen or by five representatives of the workmen duly authorised in this behalf at a meeting of the workmen held for the purpose. Explanation:-- In this rule "officer" means, any of the following officers namely:-- (a) the President. (b) the Vice-President. (c) the Secretary (including the General Secretary). (d) a Joint Secretary. (e) any other officer of the trade union authorised in this behalf by the President and Secretary of the Union] 2[(c) in the case of an individual workman by the workman himself or by any officer of the trade union of which he is a member or by S.1[Rule 8A Notification regarding arbitration agreement by majority of each party.-- Where an Industrial dispute has been referred to arbitration and the Government is satisfied that the persons making the reference represented the majority of each party, it shall publish notification in this behalf in the Official Gazette for the information of the employers and workman who are not parties to the arbitration agreement but are concerned in the dispute). S.Rule 9 Conciliation proceedings in public utility service:-- The conciliation officer on receipt of a notice of a strike or lockout given under rule 71 or rule 72 shall forthwith arrange to interview both the employer and the workmen concerned with the dispute at such places and at such times as he may deem fit and shall endeavour to bring about a settlement of the dispute in question. S.Rule 10 Conciliation proceedings in non-public utility service:-- Where the Conciliation Officer receives any information about an existing or apprehended industrial dispute which does not relate to public utility service and he considers it necessary to intervene in the dispute, he shall give formal intimation to the parties concerned declaring his intention to commence conciliation proceedings with effect from such date as may be specified therein. S.1[Rule 10A Parties to submit statements:-- The party representing workmen 2[or in the case of an individual workman, the workman himself] involved in a dispute in a non public utility service shall forward a statement of its demands along with a copy of the notice prescribed under rule 71 to the Conciliation officer concerned. The statement shall be accompanied by as many spare copies there of as there are opposite parties. (2) The party representing workman 2[or in the case of an individual workman, the workman himself,] involved in a dispute in a non-public utility service, shall forward a statement of its demands to the Conciliation Officer concerned before such date as may be specified by him for commencing conciliation proceedings. The statement shall be accompanied by as many spare copies there of as there are opposite parties. (3) The statement of demands submitted by the party representing the workmen 2[or in the case of an individual workman, the workman himself,] und S.1[Rule 10B Proceedings before the Labour Court or Tribunal.-- (1) Where the Government refers any case for adjudication to a Labour Court or Tribunal, it shall send to the Labour Court or Tribunal concerned and to the opposite party concerned In the Industrial dispute, a copy of every such order of reference together with a copy of the statement received by the Government under sub-rule (3) or sub-rule (4) of rule 10A. (2) Within two weeks of the receipt of the statement referred to in sub-rule (1), the opposite party shall file its rejoinder with the 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: 2[Provided further that where the Labour Court, or Tribunal as the case may be, considers it necessary, it may-- (a) extend the time limit for filing of such rejoinder; or (b) reduce the time limit for filing of such rejoinder to S.Rule 11 The conciliation officer may hold a meeting of the representatives of both parties jointly or of each party separately. S.Rule 12 The conciliation officer shall conduct the proceedings expeditiously and in such manner as he may deem fit. S.Rule 13 Place and time hearing.-- 1[Subject to the provisions contained in Rules 10A and 10B. the sittings of a Board, Court, Labour Court or Tribunal or of an Arbitrator] shall be held at such times and places as the Chairman or the presiding officer or the Arbitrator, as the case may be, may fix and the Chairman Presiding Officer or the Arbitrator, as the case may be, shall inform the parties of the same in such manner as he thinks fit. S.Rule 14 Quorum for Boards and Courts.-- The quorum necessary to constitute a sitting of a Board or court shall be as follows:-- (i) in the case of Board- where the number of members Is where the number of members is 3 Quorum 2 5 3 (ii) in S.Rule 15 Evidence:-- A Board, Court, Labour Court or Tribunal or an Arbitrator may accept, admit or call for evidence at any state of the proceedings before it/ him and in such manner as it he may think fit. S.Rule 16 Administration of oath:-- Any member of a Board or court or Presiding Officer of a Labour Court or Tribunal or an Arbitrator may administer an oath. S.Rule 17 Summons.-- A summons issued by a Board, Court, Labour Court, or Tribunal shall be in Form D and may require any person to produce before it any books, papers or other documents and things in the possession of or under the control of such person in any way relating to the matter under investigation or adjudication by the Board, Court, Labour Court or Tribunal which the Board, Court, Labour Court, or Tribunal thinks necessary for the purpose of such investigation or adjudication. S.1[Rule 18 Service of Summons or notice .-- Subject to the provisions contained in rule 20, any notice, summons, process or order issued by a Board, Court, Labour Court, Tribunal or an Arbitrator empowered to issue such notice, summons, process or order, may be served either personally or by registered post, and in the event of refusal by the party concerned to accept a notice, summons, process or order sent to him by registered post, an endorsement by the postal employee to that effect shall be deemed to be prima facie proof of service.] S.Rule 19 Description of parties in certain cases.-- Where in any proceeding before a Board, Court, Labour Court or Tribunal or an Arbitrator, there are numerous persons arrayed on any side, such persons shall be described as follows:-- (1) all such persons as are members of any trade union or association shall be described by the name of such trade union or association: and - (2) all such persons as are not members of any trade union or association shall be described in such manner as the Board, Court, Labour Court or Tribunal or Arbitrator, as the case may be, may determine. S.Rule 20 Manner of service in the case of numerous persons as parties to a dispute.-- (1) Where there are numerous persons as parties to any proceeding before a Board, Court, Labour Court, Tribunal or an Arbitrator and such persons are members of any trade union or association, the service of notice on the Secretary or where is no Secretary on the principal officer, of the trade union or association shall be deemed to be service on such persons. (2) Where there are numerous persons as parties to any proceedings before a Board, Court, 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 exhibited as mentioned in sub-rule (2) shall also be considered as sufficient in the case of such workmen as cannot be ascertained and found. S.Rule 21 Procedure at the first sitting.-- At the first sitting of a Board, Court, Labour Court or Tribunal the Chairman or the Presiding Officer, as the case may be, shall call upon the parties in such order as he may think fit to state their case. S.Rule 22 Board, Court, Labour Court, Tribunal or Arbitrator may proceed exparte.-- If without good cause 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 he had duly attended or had been represented. S.Rule 23 setting aside exparte decision.-- (1) The Board, Court, Labour Court, Tribunal or Arbitrator may for sufficient cause set aside after notice to the opposite party the exparte decision either wholly or in part on an application made within fifteen days of the exparte decision. The Board, Court. Labour Court, Tribunal or Arbitrator may extend the time on sufficient cause being shown. (2) Such an application must be supported by an affidavit. S.Rule 24 Power of entry and inspection.-- A Board or Court or any member thereof, or a Labour Court or Tribunal, or any person authorised in writing by the Board, Court, Labour Court or Tribunal in this behalf may, for the purposes of any investigation, enquiry or adjudication entrusted to the Board, Court, Labour Court or Tribunal under the Act, at any time between the hours of sunrise arid sunset and in the case of a person authorised in writing by a Board, Court, Labour Court or Tribunal after he has given reasonable notice, enter any building, factory, workshop or other place or premises whatsoever, and inspect the same or any work machinery, appliance or article therein or interrogate any person therein in respect of anything situated therein or any matter relevant to the subject matter of the investigation, enquiry or adjudication. S.Rule 25 Power of Boards, Courts, Labour Courts and Tribunals.-- In addition to the powers conferred by the Act, Boards, Courts, Labour Courts and Tribunal shall have the same powers as are vested in a civil court under the Code of Civil procedure, 1908 when trying a suit, in respect of the following matters, nameiy:- (a) discovery and inspection; (b) granting adjournment; (c) reception of evidence taken on affidavit; and the Board, Court, Labour Court or Tribunal may summon and examine any person whose evidence appears to it to be material and shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898. S.Rule 26 Assessors:- 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 proceeding before it, obtain the advice of such assessors, but such advice shall not be binding on it. S.1[Rule 26A Publication of report or award.-- Every report of a Board or award of a Labour Court or Tribunal required to be submitted to the Government under section 15 shall be sent to the Government. The report/award so sent shall. within 30 days from the date of Its receipt by the Government, be pronounced in the Open Court by the Board, Labour Court or Tribunal concerned and be published in the notice-board of the Labour Court or Tribunal and the same shall be deemed to be sufficient publication for the purpose of section 17: Provided that the Board, Labour Court or Tribunal, as the case may be, shall inform the State Government and the parties concerned of the, date of such pronouncement in Open Court.] S.Rule 27 Fees for copies of awards or other documents of1[Labour Court, Tribunal or Arbitrator].-- 1[(1) Fees for making a copy of an award of a Labour Court, or Tribunal or Arbitrator or any document in the custody of or filed in any proceedings before a Labour court or Tribunal or Arbitrator be charged as follows:-] (a) for the first 200 words or less, 2[Re. 1 and 50 paise:] (b) for every additional 100 words or fraction thereof, 2[74 paise:] Provided that where an award or a document exceeds five pages, the approximate number of words per page shall be taken as the basis for calculating the total number of words, to the nearest hundred, for the purpose of assessing the copying fee. (2) For certifying a copy of any such award or document, a fee of 2[Rs. 2] shall be payable. (3) Copying and certifying fees shall be payable in cash in advance. 3[(4) When a party applies for urgent delivery of a copy of such award or document such copies shall ordinarily be delivered within a period of seven S.Rule 28 Decision by majority:-- All questions arising for decision at any meeting of a Board or Court, save where the court consists of one person, shall be decided by a majority of the votes of the members thereof (including the Chairman) present at the meeting. In the event of an equality of votes the Chairman shall also have a casting vote. S.1[Rule 29 Correction of errors.-- A Board, Court, Labour Court. Tribunal or an Arbitrator may at any time correct any clerical mistake or error arising from an accidental slip or omission in any proceedings, report, award or decision either of its or his own motion or on the application of any of parties] S.Rule 30 Right of representatives:-- The representatives of the parties appearing before a Board, Court, Labour Court, or Tribunal or an Arbitrator shall have the right of examination, cross-examination and of addressing the Board, Court, Labour Court or Tribunal or Arbitrator when an evidence has been called. S.Rule 31 Proceedings before a Board, Court, Labour Court of Tribunal:-- 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. S.Rule 32 Travelling allowance:-- The Chairman or a member of a Board or Court, or the Presiding Officer or an Assessor of a Labour Court or Tribunal or an Arbitrator, if a non-official, shrill be entitled to draw travelling allowance and halting allowance, for any journey performed by him in connection with the performance of his duties, at the rates admissible .and subject to the conditions applicable to a Government servant of the first class under the Service Regulations in force. S.Rule 33 Fees:-- the Chairman and a member of a Board or Court, the Presiding Officer and an Assessor of a Labour Court, or Tribunal or an Arbitrator wherever he is not a salaried officer of Government may be granted such fees as may be sanctioned by the Government in each case. S.Rule 34 Expenses of witnesses:- Every person who is summoned and duly attends of other wise appears as a witness before a Board. Court, Labour Court or Tribunal or an Arbitrator shall be entitled to an allowance for expenses according to the scale for the time being in force with respect to witnesses in civil courts in the State where the investigation, enquiry, adjudication or arbitration is being conducted. S.1[Rule 34A Notwithstanding anything contained in rules 32,33 and 34 Travelling Allowance and fees for an Arbitrator, and expenses of witnesses summoned by the Arbitrator, other than that of the Chairman and Members of the State Arbitration Board and of every non-official chosen as Arbitrator by Government or by the Conciliation Officer at the instance of Government shall not be met by the Government.] S.Rule 35 Notice of Change:-- Any employer intending to effect any change in the conditions of service applicable to any workmen in respect of any matter specified in the Fourth Schedule 1[to the Act] shall give notice of such intention in Form E. 1[The notice shall be displayed conspicuously by the employer on a notice board at the main entrance to the establishment and in Manager's Office: Provided that where any registered trade union of workmen exists, a copy of the notice shall also be served by registered post on the Secretary of such Union. S.Rule 36 1[x x x x] S.Rule 37 Representation of Parties.-- The Authority in favour of a person or persons to represent a workman or group of workmen or an employer in any proceeding under the Act shall be in Form F. S.Rule 38 Parties bound by acts of representatives.-- A party appearing by a representative shall be bound by the acts of that representative. S.Rule 39 Constitution.-- Any employer to whom an order made Under sub-section (1) of Section 3 relates shall forthwith proceed to constitute a Works Committee in the manner prescribed in this part. S.Rule 40 Number of members.-- The number of members constituting the Committee shall be fixed so as to afford representation to the various categories, groups and classes of workmen engaged in, and to the sections shops: or departments of the establishment: Provided that the total number of members shall not exceed twenty: Provided further that the number of representatives of the workmen shall not be less than the number of representatives of the employer. S.Rule 41 Representatives of employer.-- Subject to the provisions of these rules, the representatives of the employer shall be nominated by the employer and shall as far as possible be officials in direct touch with or associated with the working of the establishment. S.Rule 42 Consultation with trade unions.-- 1[(1)] Where any workmen of an establishment are members of a registered union, the employer shall ask the union to inform him in writing- (a) how many of the workmen are members of the union; and (b) how their membership is distributed among the sections shops or departments of the establishment. 2[(2) where an employer has reason to believe that the Information furnished to him under sub-rule (1) by any trade union is incorrect he may. after informing the union refer the matter to the Conciliation Officer of the local area concerned for his decision and the Conciliation Officer, after hearing the parties shall decide the matter and his decision shall be final.]