Section 78 in The Bihar Industrial Disputes Rules, 1961
78. Notice of retrenchment.
- If any employer desires to retrench any workmen employed in his industrial establishment who has been in continuous service for not less than one year under him (hereinafter referred to as workmen in this rule and in Rules 79 and 80), he shall give notice of such retrenchment as in Form P to the State Government [and Conciliation Officer of the area] and such notice shall be served on that Government 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 is lieu thereof, notice of retrenchment shall be sent within three days from the date on which such wages are paid; and(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; and the Conciliation Officer of the area] at least one month before such date:Provided that if the date of termination of service agreed upon is within 30 days of the agreement, the notice of retrenchment shall be sent to Government within 3 days of the agreement:Provided further that in case of working journalists, the provisions of subsection (2) of Section 3 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (XIV of 1955) shall apply.
