Section 74A in Industrial Disputes (Punjab) Rules, 1958
74A. Notice of lay-off.
(1)If any workman employed in an industrial establishment as defined in the Explanation below section 25-A (not being an industrial establishment) referred to in sub-section (1) of that section is laid-off; then the employer concerned shall give notices of commencement and termination of such lay-off in Form O-1 and O-2, respectively, within 7 days of such commencement or termination as the case may be.(2)Such notices shall be given by an employer in every case irrespective of whether, in his opinion, the workman laid-off is or is not entitled to compensation under section 25-C.[74B. 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 purpose of sub-section (4) of the said section 25M.(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 called for by such authority' so as to enable the authority to communicate the permission or refusal to grant permission within the period specified in sub-section (4) of section 25M.(4)Where the permission to lay-off has been granted by the said authority, the employer concerned shall give to the Labour Commissioner, Haryana, Chandigarh a notice of commencement and termination of such lay-off in Form O-1 and O-2 respectively and where a permission to continue a lay-off has been granted by the said authority, the employer shall give to the Labour Commissioner, Haryana, Chandigarh a notice of commencement of such lay-off in Form O-1, in case such a notice has not already been given under sub-rule (1) of rule 74-A, and a notice of termination of such lay-off in Form O-2.(5)The notice of commencement and termination of lay-off referred to in sub-rule (4) shall be given within the period specified in sub-rule (1) of rule 74-A.] [Inserted by Haryana Government Notification No. GSR 94/CA/14/47/S 38/Amd. (1)/76 dated 21.4.1976.][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 (hereinafter referred to as 'workman' in this rule and in rules 76 and 77), he shall give notice of such retrenchment as in Form P to the State Government, the Labour Commissioner, Haryana, the Labour-cum-Conciliation Officer of the area and the Employment Exchange concerned, by registered post in the following manner, namely :-(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 workman, and he is paid one month's wages in lieu thereof, notice of retrenchment shall be sent within three days from the date on which such 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 so as to reach the State Government, the Labour Commissioner, Haryana, the Labour-cum-Conciliation Officer of the area and the Employment Exchange concerned, at least one month before such date :Provided that if the date of termination of service agreed upon is within 30 days of the agreement, notice of retrenchment shall be sent to the State Government, the Labour Commissioner, Haryana, the Labour-cum-Conciliation Officer of the area and the Employment Exchange concerned within three days of the agreement.] [Substituted by Haryana Government Notification No. GSR 94/CA/14/47/S 38/Amd. (1)/76 dated 21.4.1976.]
