Section 76A in West Bengal Industrial Disputes Rules, 1958
76A. Application for permission to lay-off under section 25-M.
(1)Application of permission to lay-off any workman under sub-section (1) or for permission to continue a lay-off under sub-section (2), of section 25-M shall be made in Form 'Q' 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.(2)The application for permission to lay-off or continue a lay-off shall be made in triplicate and sufficient number of copies of the application for service on the workmen concerned shall also be submitted along with the application.(3)The employer concerned shall furnish to the authority to whom the application for permission to lay-off or continue a lay-off has been made, such further information as that 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 25 M.(4)Where permission to lay-off has been granted by the said authority, the employer concerned shall give to the Secretary to the Government of West Bengal, Labour Department, Labour Commissioner, West Bengal and the Conciliation Officer concerned, notice of commencement of such lay-off in Form "O" ; and where permission to continue a lay-off has been granted by the said authority the employer shall give to the Secretary to the Government of West Bengal, Labour Department, Labour Commissioner, West Bengal and the Conciliation officer concerned, a notice of such lay-off in Form "O".(5)The notice referred to in sub-rule (4) shall be given within seven days from the date of receipt of the permission from the authority.(6)The authority shall forthwith submit a copy of his order and findings made on the application for permission to lay-off or continue a lay-off to the Secretary to the Government of West Bengal, Labour Department.
