Section 82 in The Orissa Industrial Disputes Rules, 1959
82. [ [Substituted vide Notification No. 7326/14.4.1976.]
(1)In an industrial establishment to which Chapter V-B of the Act does not apply if any employer desires to retrench any workman employed in his industrial establishment who has been in continuous service for not less than one year under him (hereinafter referred to as 'workman' in this rule and in Rules 83 and 84) he shall give notice of such retrenchment as in Form 'S' to the State Government, the Labour Commissioner, Local Conciliation Officer, Local Employment Exchange and Director of Employment, Orissa and such notice shall be served on that Government, the Labour Commissioner, Local Conciliation Officer, Local Employment Exchange and Director of Employment, Orissa by registered post in the following manner :](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;(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, Labour Commissioner, Local Conciliation Officer, Local Employment Exchange and Director of Employment, Orissa at least one month before such date ;Provided that if the date of termination of service agreed upon is within thirty days of the agreement the notice of retrenchment shall be sent to the State Government, the Labour Commissioner, Local Conciliation Officer, Local Employment Exchange and Director of Employment, Orissa within three days of the agreement.(2)[ In an industrial establishment to which Chapter V-B of the Act applies and in respect of which the Central Government is not the appropriate Government-(i)application under Sub-section (1) of Section 25-N for retrenchment shall be made by the employer in Form S-1 and be filed before the State Government or such authority as may be specified by the State Government, in triplicate and copy of the same shall also be served simultaneously on the workmen concerned either personally or by registered post with acknowledgement due with copy to the Labour Commissioner, Orissa and the Local Conciliation Officer. The date on which the application is filed before the State Government or the authority shall be deemed to be the date on which the application is made for the purpose of Subsection (4);(ii)the employer concerned shall furnish to the State Government or the authority before whom the application for permission for retrenchment has been made under Sub-section (1) of Section 25-N such further information as it considers necessary for arriving at a decision on the application and to communicate its permission or refusal to grant permission within the period specified in Subsection (4) of Section 25-N;(iii)the State Government or as the case may be, the authority specified by the State Government under Sub-section (1) of Section 25-N, after making such enquiry as it thinks fit in accordance with the provisions of Sub-section (3) of Section 25-N, shall issue an order either granting or refusing to grant permission for retrenchment for the reasons to be recorded in the said order to the employer and the workmen concerned by registered post with acknowledgement due in Form S-2 with copy to Secretary to Government, Labour and Employment Department, Bhubaneswar, Deputy/Assistant Labour Commissioner of the concerned zone, Local Conciliation Officer and Director of Employment, Orissa, Bhubaneswar.]
