Section 78 in West Bengal Industrial Disputes Rules, 1958
78. Re-employment of retrenched workmen.
(1)Every employer shall maintain a register called the Register of Retrenched Workmen which shall contain the name, nature of work, address obtained from workmen and periods of service of the retrenched workmen.(2)On the occurrence of vacancies after retrenchment, when an employer proposes to take into his employ any person. he shall(i)arrange for display on a Notice Board in the premises of the establishment of the details of the vacancies to be filled ;(ii)if the employer seeks the assistance of the Employment Exchange in the area in filling the vacancies, inform the Exchange that the names of such of his retrenched workmen as may have been registered with the Exchange may be submitted to him along with the names of other suitable candidates ; and(iii)give notice of the vacancies in writing to each individual retrenched workmen eligible to be considered for the vacancies and such notice shall be dispatched by registered post to the address of such workman obtained by the employer at the time of retrenchment ;Provided that where the number of such vacancies is less than the number of retrenched workmen, it shall be sufficient if intimation is given by the employer individually to the senior most retrenched workmen in the Register referred to in sub-rule (1), the number of such senior most workmen being double the number of such vacanciesProvided further that clause (iii) shall not apply to vacancies which are casual and of less than a month's duration or which arise after the expiry of a period of one year from the date of retrenchment :Provided also that the employer shall be free to fill up the vacancies in all cases where retrenched persons do not come forward for re-employment within the time limit laid down in sub-rule (3), or within such further period as may be allowed by the employer in spite of having received intimations from the employer.(3)A retrenched workman on receipt of notice of vacancies from the employer shall offer himself for work or send a reply within a period of ten days from the date on which the notice is posted and, if he fails to do so the employer need not intimate to him the vacancies that may occur on any subsequent occasion.
