Section 3 in West Bengal Industrial Disputes Rules, 1958
3. Application.
(1)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 and/or to the Conciliation Officer concerned. The application shall be accompanied by a statement setting forth(a)the parties to the dispute ;(b)the specific matters in dispute ;(c)the total number of workmen employed in the undertaking affected;(d)an estimate of the number of workmen affected or likely to be affected by the dispute ; and(e)the efforts made by the parties themselves to adjust the dispute.(2)Where the application is submitted on behalf of both the workmen and the employer whether jointly or separately, it shall state whether the employers and the majority of the workmen involved in the dispute are represented by the applicants and the applicants shall produce such evidence in support of the claims as the Labour Commissioner and/or the Conciliation Officer concerned may ask for. As soon as the Labour Commissioner and/or the Conciliation Officer concerned is satisfied with regard to the representative character of the applicants, he shall immediately forward the application to the Secretary to the Government of West Bengal in the Department of Labour for reference of the dispute to a Board, Court, Labour Court or Tribunal, as the case may be.(3)Where the application has been submitted on behalf of one party only the Labour Commissioner and/or the Conciliation Officer concerned after such enquiries as may be deemed necessary by him shall forward it to the Secretary to the Government of West Bengal in the Department of Labour together with the recommendations whether the dispute should be referred to a Board, Court, Labour Court or Tribunal, whether the applicant in the case of workmen represents the majority of the party to the dispute he claims to represent, whether the opposite party has consented to abide by the decision of a Board or Court, and in the case of a recommendation for reference to a Board, Court, Labour Court or a Tribunal whether the continuance of a strike or lock-out, if one be in existence in connection with the dispute, should be prohibited.
