Section 73 in West Bengal Industrial Disputes Rules, 1958
73. Notice of strike or lock-out.
- All notices of strikes lock-out under the Act shall be given in the following manner ; (1) In the case of a notice of strike, it shall be signed either by the President or the Secretary of the registered trade union of which the workmen are members or by seven workmen employed in the industrial establishment concerned, if the workmen are not members of a registered trade union. If the notice is given by a registered trade union, it shall be accompanied by a signed statement that any ballot or other steps necessary to be taken under the rules of the union have been taken before giving the notice; if the notice is given by the workmen it shall be accompanied by a signed statement that the majority of the workmen are in favour of giving notice of the strike and have authorised them to sign the notice ; the notice in each case shall also be accompanied by a list of demands of the workmen and if the employer refuses to receive and acknowledge with date the receipt of the notice, it shall be forwarded by registered post with acknowledgement due to the employer. Copies of the notice similarly signed and prepared shall be given to or posted to the address of the Labour Commissioner, West Bengal, Secretary to the Government of West Bengal in the Department of Labour and the District Magistrate of the district in which the industry of the establishment is carried on. The date on which the notice has been received by the employer or the date of expiry of seven days from the date of posting of the notice, whichever be earlier, shall be deemed to be the date on which the notice has been given. The intimation referred to in sub-section (3) of section 22 or the report referred to in sub-section (6) of that section regarding notices of strike shall be sent by the employer under subsection (3) or sub-section (6) of that section, as the case may be, to the Labour Commissioner. On receipt of the notice or of an intimation under sub-section (3) of section 22 or of a report under sub-section (6) of section 22 the Labour Commissioner after making 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 a report whether he considers that the notice has been frivolously or vexatiously given or it would be inexpedient to make a reference under clauses (c) or (d) of sub-section (1) of section 10 to a Labour Court or a Tribunal and, if so, for what reasons and whether he recommends reference of the dispute to a Board or to a Court,(2)in the case of a notice of a lock-out, it shall be signed by a Director, Manager, Secretary or an Agent representing the employer or in the case of an industry carried on by or under the authority of the State Government by the Head of the Department concerned or an authority named by him and in the case of an industry carried on by or on behalf of a local authority by the chief executive officer of that authority, it shall be accompanied by a list of changes in the conditions of labour of the workmen sought to be imposed or a statement of reasons for lock-out and copies of the notice together with the list or the statement in English, Bengali and in the language understood by the majority of the workmen in the establishment concerned shall be prominently displayed on the notice board of the establishment concerned and copies in English of the notice and the list or the statement shall be sent by registered post with acknowledgement due to the registered trade unions, if any, of the workmen and to the Labour Commissioner, West Bengal, the Secretary to the Government of West Bengal in the Department of Labour and the District Magistrate of the district in which the industry of the establishment is carried on. The intimation referred to in sub-section (3) or sub-section (6) of that section. as the case may be, to the Labour Commissioner. The date of the expiry of three days from the date of the acknowledgement of the notice by the Labour Commissioner shall be deemed to be the date on which notice has been given. On receipt of the notice or of an intimation under sub-section (3) of section 22 or report under sub-section (6) of section 22 the Labour Commissioner after making enquiries as he may deem necessary, shall forward it to the Secretary to the Government of West Bengal in the Department of Labour, together with a report whether he considers that the notice has been given frivolously or vexatiously or it would be inexpedient to make a reference under clauses (c) or (d) of sub-section (1) of section 10 of the Act to a Labour Court or a Tribunal and, if so, for what reasons and whether he recommends reference of the dispute to a Board or to a Court.
