Section 77B in West Bengal Industrial Disputes Rules, 1958
77B. Notice of, and application for permission for retrenchment.
(1)Notice under clause (c) of sub-section (1) of section 25N for retrenchment shall be served in Form PA, and served on the State Government, or on such authority as may be specified by that Government under the said clause, either personally or by registered post acknowledgement 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 for the purposes of sub-section (3) of the said section.(2)Application for permission for retrenchment under sub-section (4) of section 25N shall be made in Form PB (with an attested copy of the notice given by the employer under clause (a) of section 25F appended thereto) and delivered to the State Government, or to such authority as may be specified by the Government, 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 State Government or the authority, shall be deemed to be the date on which the application was made for the purposes of subsection (5) of the said section.(3)Where a notice under sub-rule (1) is served on, or an application under sub-rule (2) is made to, the authority specified by the State Government, the employer shall also send a copy of that notice or application to the Secretary to the Government of West Bengal, Labour Department.(4)The notice or, as the case may be, the application shall be served or made in triplicate and sufficient number of copies of the application for service on the workmen concerned shall be submitted along with the notice or, as the case may be, the application.(5)The employer concerned shall furnish to the State Government or to the authority to whom the notice for retrenchment has been given or the application for permission for retrenchment has been made under clause (c) of sub-section (1), or, as the case may be, sub-section (4) of section 25N such further information as the State Government or, as the case may be, the authority considers necessary for arriving at decision on the notice or, as the case may be, the application, as and when called for by such authority, so as to enable the State Government or the authority to communicate its permission or refusal to grant permission within the period specified in sub-section (3), or, as the case may be, sub-section (5), of section 25N.(6)The authority on whom a notice is served, or to whom an application s made, under this rule shall furnish a copy of his order and findings to the Secretary to the Government of West Bengal, Labour Department.
