THE INDUSTRIAL DISPUTES (PUNJAB) RULES, 1958

1 · Title and application. — (1) These rules may be called the Industrial Disputes (Punjab) Rules, 1958.

2 · Interpretation. – In these rules, unless there is anything repugnant in the subject or context:

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 personally or forwarded by registered post in triplicate to the Labour Commissioner Punjab. The application shall be accompanied by statement setting forth--

4 · Attestation of Application. — The application, and the statement accompanying it shall be signed:

5 · Notification of appointment of Board, Court, Labour or Tribunal. -- The appointment of a Board, Court, Labour Court, or Tribunal, together with the names of persons constituting the Board, Court, Labour Court of Tribunal shall be notified in the Official Gazette

6 · Notice to parties to Nominate representatives. -- (1) if the Labour Commissioner, Punjab 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.

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 in triplicate to the Labour Commissioner, Punjab.

8 · Attestation of the arbitration agreement.-- The arbitration agreement shall be signed: -

1 · Inserted vide Haryana Govt. Notification No. GSR 94/CA. 4/47/S/38 Amd.(1)/76 dated 21.4.1976

3 · 8-A. Notification regarding arbitration agreement by majority of each party.-- Where an industrial dispute has been referred to arbitration and the State Government is satisfied that the person making the reference represent the majority of each party, it shall publish a notification in this behalf in the Official Gazette for the information of the employers and workmen who are not parties to the arbitration agreement but are concerned in the dispute.

9 · Conciliation proceedings in Public Utility Service. -- (1) The conciliation Officer, on receipt of a notice of a strike or lock-out given under Rule 70 or Rule 71, 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 question.

10 · Conciliation Proceedings in Non-Public Utility Service. -- Where the Conciliation Officer receives any information about an existing or apprehended industrial dispute

2 · Inserted vide Haryana Govt. Notification No. G.S.R 94/CA. 4/47/S/38 Amd.(1)/76 dated 21.4.1976

3 · Added vide Notification No. G.S.R. 175/C.A. 14/47/S-35/Amd.(4)/66 dated 9 th . August, 166

4 · [10-A. Parties to submit statements. -- (1) The party representing workmen involved in an industrial dispute in a public utility service shall forward a statement of its demands along with a copy of the notice prescribed under Rule 70 to the Conciliation Officer concerned. The statement shall be accompanied by as many spare copies there of as there are opposite parties.

4 · New Rules 10-A and 10-B added by Punjab Govt. Notification No. 653(1)-Lab.I-59/2802 dated the 19 th . January, 1959.

5 · Substituted vide Haryana Government Notification No. G.S.R 94/CA. 4/47/S/38 Amd.(1)/76 dated 21.4.1976

6 · ["Provided that where the Labour Court or the Tribunal, as the case may be considers it necessary, it may allow at any stage of the proceedings amendments to such statement to the extent5 as may be necessary for the purpose of determining the real issues included in the order of reference," 11(b) in sub-rule (2), for the second proviso, the following proviso shall be substituted, namely: -

6 · Added by Haryana Govt. Notification No. G.S.R 94/CA. 4/47/S/38 Amd.(1)/76 dated 21.4.1976].

11 · The Conciliation Officer may hold a meeting of the representatives of both parties, jointly or of each party separately.

12 · The Conciliation Officer shall conduct the proceedings expeditiously and in such manner as he may deem fit.

13 · Place and time of hearing. -7 [Subject to the provisions contained in Rules 10-A and 10-B, the sittings of the Board, Court, Labour Court or Tribunal or of an Arbitrator shall ordinarily be held at the pale where the cause of the dispute has arisen or at such other place as may be mutually agreed upon by the parties and at such times as the Chairman or the Presiding Officer, or the Arbitrator, as the case mazy be, may fix and the Chairman, or Presiding Officer or the Arbitrator, as the case may be, shall inform the parties of the same in such manner as he thinks fit.

14 · Quorum for Board and Court. -- The quorum necessary to constitute a sitting of a Board or Court shall be as follows: --

15 · Evidence. -- A Board, Court, Labour Court or Tribunal or an Arbitrator may accept, admit or call for evidence at nay stage of the proceedings before it/him and in such manner as it/he may think fit.

16 · Administration of Oath. -- Any number of a Board, or Court or Presiding Officer of a Labour Court of Tribunal or an Arbitrator may administer an oath.

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 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 Courts or Tribunal which the Board, Court, Labour Court or Tribunal thinks necessary for the purposes of such investigation or adjudication.

7 · Substituted for the words "The sitting of a Boards, Court, Labour Court or Tribunal or of an Arbitrator" by Punjab Government Notification No. 653(1)Lab-1-59/2802 dated 19.1.1959.

8 · [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 wither personally or by registered post and in the event of refusal by the party concerned to accept the said notice, summons, process or order, the same shall e sent again under certificate of posting.]

19 · Description of Parties in certain cases. -- Where in any proceeding before a Board, Court, Labour Court of Tribunal or an Arbitrator, there are numerous persons arrayed on any side, such persons shall be described as follows:

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 or 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 trade union or association shall be deemed to be service on such persons:

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.

22 · Board, Court, Labour Court, Tribunal or Arbitrator may proceed ex-parte. -- 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

23 · Power of entry and Inspection. -- A Board, or Court of any member thereof, or a Labour Court of Tribunal, or any person authorized 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 and sunset and in the case of a person authorized in writing by a Board, Court, Labour court or Tribunal after he ahs 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 or anything situated therein or any matter relevant to the subject-matter of the investigation, enquiry or adjudication.

24 · Power of Boards, Courts, Labour courts and Tribunals. -- 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: --

25 · Assessors. -- Whereas assessors are appointed to advise a Tribunal under sub-section (4) of Section 7-A or sub-section (4) of Section 7-B or by the Court, Labour Court of 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.

26 · Fees for copies of onwards or other documents of labour court, or tribunal. -- (1) Fees for making a copy of an award of a Labour Court or Tribunal or any document filed in any proceedings before a Labour Court or Tribunal be charges as follows: --

27 · 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.

9 · [28. Corrections of errors. –" The Labour Court, Tribunal or 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 the parties."

29 · Proceeding before a Board, Court, Labour Court or Tribunal. -- The proceedings before a board, Court, Labour Court or Tribunal shall be held in public:

31 · Traveling allowance. -- The Chairman or a member of a Board or Court, or the Presiding Officer or any Assessor of a Labour Court of Tribunal 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 rates admissible and subject to the conditions applicable to a Government servant of the first grade under the Rules issued by the State Government from time to time.

32 · Fees. -- 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 salaried officer of Government may be granted such fees as may be sanctioned by the State government in each case.

33 · Expenses of Witness. -- Every person who is summoned and duly attends or otherwise appears as a witness before a Board, Court, Labour Court or Tribunal or an Arbitrator shall be entitle, to an allowance for expense according to the scale for the time being in force with respect to witness in civil courts in the State where the investigation, enquiry, adjudication or arbitration is being conducted. Such allowance shall be paid by the party by whom the witness is summoned.

34 · 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 to the Act shall give notice of such intention in Form E. the notice shall be displayed conspicuously by the employer, in English as well as in the regional language understood by the majority of the workmen in the establishment on a notice board sat the main entrance to the establishment and to the Manager's officer:

35 · Omitted.

36 · 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.

37 · Parties Bound by acts of representatives. -- A party appearing by a representative shall be bound by the acts of that representative.

38 · 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.

39 · 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:

40 · Representatives of Employee. -- 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 official in direct touch with or associated with the working of the establishment.

41 · Consultation with trade unions. -- (1) Where any workmen of an establishment are members of a register5ed trade union, the employer shall ask the union to inform him writing--

42 · Groups of workmen's representatives. -- On receipt of the information called for under Rule 41, the employer shall provide for the election of workmen's representatives on the Committee in two groups—

43 · Electoral Constituencies. -- Where under Rule 42 the workmen's representatives are to be elected into two groups, the workmen entitled to vote shall be divided into two electoral constituencies, the one consisting of those, who are member of a registered trade union and other of those who are not:

44 · Qualifications of candidates for election. -- 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:

45 · Qualifications for voters. -- All workmen who are not less than 18 years of age and who have put in not less than 3 months continuous service in the establishment shall be entitled to vote in the election of the representatives of workmen.

46 · Procedure for election. -- (1) The employer shall fix a date as the closing date for receiving nomination of from candidates for election as workmen's representatives on the Committee.

47 · Nomination of candidates for election. -- (1) Every nomination shall be made on nomination paper in Form G copies of which shall be supplied by the employer to workmen requiring them.

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

49 · Voting in election. -- (1) if the number of candidates who have been validly nominated is equal to number of seats, the candidates' shall be forthwith declared duly elected.

50 · Arrangements of election. -- The employer shall be responsible for all arrangements in connection with the election.

51 · Officers of the Committee. -- (1) The Committee shall have amount 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.

52 · Terms of Office. -- (1) The terms of office of the representatives on the Committee other than a member chosen to fill a casual vacancy shall be two years.

53 · Vacancies. -- In the event of workmen's representative ceasing to be employed in the establishment or in the event of his resigning the membership in the Committee is successor shall be elect5ed from the constituency to which the member vacating the seat belonged.

54 · 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.

55 · Number of meetings. -- The Committee may meet as often as necessary but not less often than once in three months (a quarter).

56 · Facilities for Meeting etc. -- (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.

57 · Dissolution of Works committee. -- The State Government or where the power under Section 3 has been delegated to any officer or authority under Section 39, such officer or authority may, after making such enquiry as it or he m ay 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 of representatives of the workmen, have, without any reasonable justification failed to attend three consecutive meetings of the Committee or that the Committee has, for any other reason, ceased to function:

58 · Memorandum of Settlement. -- (1) A settlement arrived at in the course of conciliation proceedings or otherwise, shall be in Form H.

59 · Companies Regarding Change of Conditions of Service etc. -- (1) Every complaint under Section 33-A of the Act shall be presented in triplicate in Form I and shall be accompanied by as many copies of the complaint as there are opposite parties to the complaint.

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

61 · Protected Workmen. -- (1) Every registered trade union connected with an industrial establishment, to, which the Act applies, shall communicate to the employer, before the 11 [30 th . April] every year, the names and addresses of such of the officers of the union who are employed in that establishment and who, in the opinion of the union, should be recognized 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.

11 · Substituted vide Haryana Government Notification No. G.S.R 94/CA. 4/47/S/38 Amd.(1)/76 dated 21.4.1976

12 · ibid

13 · [61-A. Where any money is due from the employer to a workman or a group of workmen under a settlement or any award or under the provisions of Chapter V-A, 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:

62 · Appointment of Commissioner. -- Where it is necessary to appoint a Commissioner under sub-section (3) of Section 33-C of the Act, the Labour Court may appoint a person with experience in the particular industry, trade or business involved in the industrial dispute or a person with experience as a Judge of a Civil Court, or as a stipendiary magistrate or as a Registrar or Secretary of a Labour Court or Tribunal constituted under the Act.

13 · Substituted vide Notification No. G.S.R. 175/C.A. 14/47 S.38/Amd. (4)/66, dated 9 th . August, 1966.

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

64 · Time of 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.

65 · Local Investigation. -- In any industrial dispute in which the Labour Court deems a local investigation to be requisite or proper for the purpose of commuting the money value of a benefit, the Labour Court may issue a Commission to a person referred to in rule 62 directing him to make such investigation and to report thereon to it.

66 · 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.

67 · Power of Commissioner. -- Any Commissioner appointed under these rules may unless otherwise directed by the order of appointment—

68 · Summoning of Witnesses, etc. -- (1) The provisions of the Code of Civil Procedure, 1908 (Act V of 108), relating to the summoning, attendance, examination of witnesses and penalties to be imposed upon witnesses, shall apply to persons acquired to give evidence or to produce documents before the Commissioner under these Rules.

69 · Representation of Parties before the Commissioner. -- The parties to the industrial dispute shall appear before the Commissioner, either in person or by any other person who is competent to represent them in the proceedings before the Labour Court.

70 · Notice of Strike. -- (1) The Notice of strike to be given by workmen in a public utility service shall be in Form L.

71 · Notice of Lock-out. -- The notice of lock-out to be given by an employer carrying on a public utility service shall be Form M.

14 · [The notice shall be displayed conspicuously by the employer on a notice board at the main entrance to the establishment and in the Managers office]

72 · Report of Lock-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.

14 · Inserted vide Haryana Govt. Notification No. G.S.R. 94/C.A. 4/47/S.38/Amd.(1)/76 dated 21.4.1976

73 · Report of notice of Strike or Lock-out. -- The report of notice of a strike or lock out to be submitted b 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—

74 · 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.

15 · FOR PUNJAB

15 · Inserted vide notation dt. 25-5-77

16 · [74-B. 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 lay off under sub-section (2) of Section 25M shall be made in Form O-3 and delivered to the authority specified under sub-section (1) 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 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.

17 · [75. Notice of retrenchment. -- If any employer desires to retrench any workman in his industrial establishment who has been in continuous service for a period of not less than one year under him [herein after referred to as "workman" in this rule and in rules 76 and

16 · Inserted vide Haryana Govt. Notification No. G.S.R. 140/CA 14/47/S.38/Amd.(2)/76 dated 27.5.76

17 · Substituted vide Haryana Govt. Notification No. G.S.R. 94/C.A. 4/47/S.38/Amd.(1)/76 dated 21.4.1976

18 · [75-A. 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 State Government or such authority as may be specified by that Govt. under the said clause either personally or by registered post acknowledgment due and where the notice is served by registered post, the date on which the same was delivered to the State Government or the authority shall be deemed to be the date of service of the notice of the said section.

19 · ["75-B. 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, the Labour-cum-Conciliation Officer of the area and Employment Exchange concerned by registered post.]

18 · Inserted vide Haryana Govt. Notification No. G.S.R. 140/Ca 14/47/S.38/Amd.(2)/76 dated 27.5.76

20 · ["75-C. Notice of application for permission for closure. -- (1) Notice under sub section (1) of Section 25-O of intended closure shall be given in Form QA and served on the State Government either personament due.

20 · Inserted vide Haryana Govt. Notification No. G.S.R. 140/CA 14/47/S.38/Amd.(2)/76 dated 27.5.76

21 · Form 'A' substituted by Punjab Govt. Notification No. 653(1) Lab-I 59/2802 dated 19.1.1959

22 · Substituted vide Haryana Govt. Notification No. G.S.R. 94/C.A..4/47/S.38/Amd.(1)76 dated 21.4.1976

22 · FORM C (SEE RULE 7) AGREEMENT

23 · FORM K-1 TO FORM K-4

23 · Substituted vide Notification No. G.S.R. 175/C.A. 14/47/S.38/Amd.(4)66, dated 9.8.1966

1 · _______________

2 · _______________

3 · _______________

4 · _______________

1 · 2 3 4 5 6

24 · Here insert the number of workmen

25 · Here insert the date

26 · Here insert the position which the person who signs the letter with the employer issuing the letter.

27 · Here insert the position which the person who signs the letter with the employer issuing the letter.

28 · FORM P [SEE RULE 75]

1 · 2 3

28 · Substituted vide Hry. Govt. Notification No. G.S.R. 94/Ca4/47/S.38/Amd.(1)/76 dt. 21.4.76.

1 · 2

4 · I/we hereby declare that in the event of approval for the closure being granted, every workmen in the undertaking to whom sub-section (7) of the said Section 25O applies will be given notice and paid compensation as specified in Section 25-N of the Industrial Disputes Act, 1947 (Act 14 of 1947), as if workman had been retrenched under that section.