THE RAJASTHAN INDUSTRIAL DISPUTES RULES, 1958

November 8, 1958

Rules to provide for the regulation of industrial disputes and related matters in the State of Rajasthan.

S.1 Title and application

(1) These rules may be called the Rajasthan Industrial Disputes Rules, 1958.

(2) They shall come into force on such date as the State Government may by notification in the Official Gazette appoint in this behalf.

S.2 Interpretation

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

"Act" means the Industrial Disputes Act, 1947 (14 of 1941);
"Chairman" means the Chairman of a Board or Court or if the Court consists of one person only, such person;
"Committee" means a Works Committee constituted under subsection (1) of section 3 of the Act;
"Form" means a form in the Schedule to these rules;
"Section" means a section of the Act;
"Schedule" means a Schedule annexed to the Act.

S.PART I

S.2A Register of representative Unions

(1) The Register of representative unions shall be in Form I, appended to these rules.

(2) The application for registration of union as a representative union shall be in Form 2, appended to these rules.

S.2B Union's approach to Registrar

Every union approaching the Registrar appointed under section 3A of the Act, for registration as a representative union under section 90 of the Act, shall be required to deposit a fee of Rs.10/- along with such application for registration.

S.2C Ascertaining the membership of Unions

(1) For ascertaining the membership of unions for the purposes of Ss. 9E, 9F, 9G or 9H, the Registrar shall hold an inquiry in the manner hereafter provided.

(2) The Registrar shall fix a date for holding an inquiry to ascertain such membership and shall give fifteen days' notice thereof to the union or unions concerned.

(3) On receipt of such notice, such union may submit its objections, if any, to the Registrar in writing in duplicate and shall also produce before the Registrar, the following documents:

(a) Membership Register;
(b) Counterfoils of receipts of subscription for three calendar months immediately preceding the calendar month, in which the application is made;
(c) Minute Book;
(d) Cash Book;
(e) Bank Pass Book, if any;
(f) An audited statement of membership for each of the three calendar months immediately preceding the calendar months, in which the application is made;
(g) Such other doc

S.3 Application

An application under sub-section (2) of section 10 for the reference at an industrial dispute to a Board, Court, labour Court, Tribunal or National Tribunal shall be made in Form A and shall be delivered personally or forwarded by registered post in triplicate to the Secretary to the Government of Rajasthan labour Department Jaipur. 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.

S.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 Secretary of State 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.

S.5 Notification of appointment of Board Court, labour Court Tribunal or National Tribunal

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

S.6 Notice to parties to nominate representative

(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 of the five representatives of workmen who have 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.PART II ARBITRATION AGREEMENT

S.7 Arbitration Agreement

An arbitration agreement for the reference or an industrial dispute to an arbitrator or arbitrators shall be made in Form C and shall be delivered personally or forwarded by registered post in triplicate to the Secretary to the Government of Rajasthan, Labour Department, Jaipur, the Labour Commissioner, Rajasthan, Jaipur and the Conciliation Officer concerned. The agreement shall be accompanied by the consent, in writing of the Arbitrator or Arbitrators.

S.75-A Notice of lay off

(1) If any workman employed in an industrial establishment as defined in the explanation to section 25 of the Act, not being an industrial establishment referred to in sub-section (1) of that section is said to be laid off then the employer concerned shall give notice of the commencement and the termination of such lay off in Forms O-1 and O-2 respectively within three 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 is not entitled to compensation in section 25-C of the Act.

S.80 Repeal

The Industrial Disputes (Central) Rules, 1947 adopted so far in this State 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.