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State of Rajasthan - Section

Section 80 in The Rajasthan Industrial Disputes Rules, 1958

80. Repeal.

- The Industrial Disputes (Central) Rules, 1947 adopted so far in this State are hereby repealed:Provided that any order made or action taken under the rules so repealed, shall be deemed to have been made or taken under the corresponding provisions of these rules.Form A(See rule 3)Form of application for the reference of an industrial dispute to a Board of Conciliation under section 10(2) of the-Court of EnquiryLabour CourtTribunalIndustrial Disputes Act, 1947.Whereas an industrial dispute is apprehended/exists between ................. and............... and it is expedient that the matters specified in the enclosed statement which are connected that the dispute investigation and settlement with or relevant to the dispute should be referred for enquiry by a Board of Conciliation, an application is hereby made under sub-section (2) of section 10 of adjudication.a Court of Enquiry.a Labour Court.a Tribunal.of the Industrial Disputes Act, 1947, that the said matters should be referred to said dispute.a Board of Conciliation,a Court of Enquiry,a Labour Court,a Tribunal.This application is made by the undersigned who have/has been duly authorised to do so by virtue of a resolution (copy enclosed) adopted by a majority of the members present at a meeting of the............. held on the........... 19.....A statement giving the particulars required under Rule 3 of the Rajasthan Industrial Disputes Rules, 1957, is attached.Dated the.............Signature of the Applicant(s).ToThe Secretary to the GovernmentLabour Department,Government of Rajasthan, Jaipur.Statement required under rule 3 of the Rajasthan Disputes Rules, 1957, to accompany the form of application prescribed under subsection of section 10 of the Industrial Disputes Act, 1947.(a)Parties to the dispute including the names and address of establishment or undertaking involved.(b)Specified matters in dispute.(c)Total number of workmen employed in the undertaking affected.(d)Estimated number of workmen affected or likely to be affected by dispute.(e)Efforts made by the parties themselves to adjust the dispute.Form B(See rule 6)Whereas an industrial dispute has arisen/is apprehended between.......... and ............. and it is expedient to refer the said dispute under section 10 of the Industrial Disputes Act, 1947 to a Board of Conciliation for the purpose of investigating the same and for promoting a settlement thereof, you are hereby required to intimate to the undersigned not later than the........... the name and address of one (two) person (s) whom you wish to recommend for appointment as your representative(s) on the said Board.If you fail to make the recommendation by the date specified above, the Government will select and appoint such person(s), as it thinks fit to represent you.Secretary to the GovernmentLabour Department.Government of Rajasthan, Jaipur.Form C(See Rule 7)(Under section 10A of the Industrial Disputes Act, 1947)betweenNames of parties.Representing employers;Representing workmen;It is hereby agreed between the parties to refer the following industrial dispute to the arbitration of.............. (here specify the name(s) and address(es) of the arbitrator(s);(i)Specify matters in dispute.(ii)Details of the parties to the dispute including the name and address of the establishment or Undertaking involved.(iii)Name of the union, if any representing the workmen in question.(iv)Total number of workmen employed in the Undertaking affected.(v)Estimated number of workmen affected or likely to be affected by the dispute.[We further agree that the majority decision of the arbitrators shall be binding on us.] [Where applicable.]
Witnesses: Signature of the Parties.
(1) Representing employers.
(2) Representing workmen.
Copy to:-(i)The Conciliation Officer (here enter office address of the Conciliation Officer in local area concerned).(ii)The Labour Commissioner, Rajasthan, Jaipur.(iii)The Secretary to the Government, Labour Deptt. Government of Rajasthan, Jaipur.Form D(See rule 17)Whereas an industrial dispute between ............ and ....... has been referred to this Board of Conciliation for investigation and settlement.Court of Enquiry for investigation.Labour Court/Tribunal for adjudication.Under section 10 of the Industrial Disputes Act, 1947, you are hereby summoned to appear before the Board/Court/Labour Court/Tribunal in person on the day of..... at.... O'clock in the noon to answer all material questions relating to the said dispute and you are directed to produce on that day all the books, papers and other documents and things in your possession or under your control in any way relating to the matter under investigation by this Board/Court/Labour Court/Tribunal.Dated................
  Board of Conciliation
  Court of Enquiry
Chairman/ Secretary  
Presiding Officer/Secretary Labour Court Tribunal
[Form E] [Substituted by F. 3(31) Lab./62, 21-10-63, IV-C, w.e.f. 05-12-63](See rule 34)Notice of change of service conditions prescribed by an employer.Name of employer ......................................................Address................................................................Dated the......................day of..................................In accordance with section 9A of the Industrial Disputes Act, 1947, I/we hereby give notice to all concerned that it is my/our intention to effect the change/changes specified in the annexure, with effect from ..................... in the conditions of service applicable to workmen in respect of the matters specified to the Fourth Schedule to the said Act.Signature................Designation. .............(Here specify the change/'changes intended to be effected)Form F(See rule 36)Before (here mention the authority concerned)Reference No...............of.................WorkmenVersus..............................Employer.In the matter of ..................... I/we hereby authorise Shri/ Sarvashri.............to represent me/us in the above matter.Dated this.............day of.......... 19 ....Signature of person(s) nominating the representative.AcceptedAddressSignature of representative (s)AddressForm G(See rule 47)Form of Nomination Paper
Name of Industrial Establishment Group/Section/Shop/Department
   
I nominate (here enter the name of the workmen's representative eligible for election) as a candidate for election to the Works Committee. He is eligible as a voter in the constituency for which he is nominated.
Dated..................... Signature of Proposer
I agree to the proposednomination.
Date...................... Signature of Candidate.
Date......................  
Attested by: (1)
(2)(To be signed by any two voters belonging to the electoral constituency)Form H(See rule 58)Form of Memorandum for SettlementNames of Parties;-Representing employer(s)Representing workmen:Short recital of the caseTerms of settlement.
Witness: Signature of the Parties.....................................
(1) .................................  
................................  
(2) ................................  
...............................  
[Signature of Conciliation Officer/Board of Conciliation.] [In cases of settlement effected by Conciliation Officer/Board of Conciliation.]Copy to:-
(1)[ Conciliation Officer] [In cases where settlement are arrived at between the employer and his workmen otherwise than in the course of conciliation proceeding.](Here enter the office address of the Conciliation Officer in the local area concerned)
(2)The Labour Commissioner, Rajasthan. Jaipur.
(3)The Secretary to Government, Labour Department, Government of Rajasthan, Jaipur.Form I(See rule 59)Before the Labour Court/Tribunal.....................Complaint under section 33-A of the Industrial Disputes Act, 1947.
A ............................... Complainants)
Address:-  
Versus
B ............................... Opposite Party(ies)
Address:-  
In the matter of Reference No..................The petitioner(s) beg/begs to complaint that the Opposite Party(ies) has/have been guilty of a contravention of the provisions of section 33 of the Industrial Disputes Act, 1947 (14 of 1947) as shown below:-(Here set out, briefly the particulars showing the manner in which the alleged contravention has taken place and the grounds on which the order or act, of the Management is challenged.)The complaint(s) accordingly prays/pray that theLabour Court.may be pleased to decide the complaint set out above and pass such order or orders thereon as it may deem fit and proper.TribunalThe number of copies of the complaint and its annexures required under rule 59 of the Rajasthan Industrial Disputes Rule, 1957 are submitted herewith.Signature of the Complainant(s).Dated this...........day of...... 19.....VerificationI do solemnly declare that what is stated in paragraphs above is true to my knowledge and that what is stated in paragraphs ....... above is stated upon information received and believed by me to be true. This verification is signed by me at on........ day of....... 19.....Signature or thumb impressionof the person verifying.Form J[See rule 60(1)]Before (here mention the Conciliation Officer/Board/Labour Court or Tribunal.)Application for permission under sub-section (1) or sub-section (3) of section 33 of the Industrial Disputes Act, 1947 (14 of 1947), in the matter of Reference No................
A ............................... Applicant
Address:-  
Versus
B .............................. Opposite Party(ies)
The above mentioned applicant begs to state as follows:-[Here mention the action specified in clause (a) of clause (b) of sub-section (1) grounds on which the permission is sought for].The applicant, therefore, prays that express permission may kindly be granted to him to take the following action, namely:-[Here mention the action specified in clause (a),of clause (b)of sub-section (1)sub-section (3)of section (33)]Signature of the applicantDated this........ day of........ 19......Space for verification.(Signature of the person verifying)Date (on which the verification was signed) ......................................Place (at which the verification was signed) .....................................[Form K-1] [Substituted by F. 3(14) Lab. 63, 04-04-67, IV-C, w.e.f. 27-07-67][See rule 62(1)]To,
(1)The Secretary to the Government of Rajasthan, Labour Department, Jaipur.
(2)The Presiding Officer, Labour Court, Rajasthan, Jaipur.Sir,I have to state that I am entitled to receive from Messers......... ....a sum of Rs............... on account of................. under the provision of Chapter V-A of the Industrial Disputes Act 1947 in terms of award dated..............given by.............. /in terms of settlement dated the ................... arrived at between the said Messers.................... and their workmen through............. the duly elected representatives.I further state that I served the management with a demand notice by registered post on............. for the said sum which the management has neither paid nor offered to pay to me even though a fortnight has since elapsed. The details of the amount have been mentioned in the statement hereto annexed.I request that the said sum may kindly be recovered from the management under sub-section (1) of section 22 of the Industrial Disputes Act, 1947. and paid to me as early as possible.
Station.................. Signature of the applicant
Dated .................. Address
Annexure(Here indicate the details of the amount claimed)Form K-2[See rule 62(2)]Application under sub-section (2) of section 33 of the Industrial Disputes Act, 1947.Before the Labour Court, Rajasthan, Jaipur.between:
(1)Name of the applicant
(2)Name of the employer.The petitioner............. a workman of Messers.............of ............is entitled to receive from the said Messers............. the benefits mentioned in the statement hereto annexed.It is prayed that the Court be pleased to determine the amount due to the petitioner.
Station.................. Signature or thump impression
Dated .................. Address...........................
Annexure(Herein set out the details of the benefits together with the case for their admissibility.)Form K-3[See rule 62(3)]Application under sub-section (2) of section 33 of the Industrial Disputes Act, 1947.To
(1)The Secretary to the Government of Rajasthan, Labour Department, Jaipur.
(2)The Presiding Officer, Labour Court, Rajasthan, Jaipur.Sir,I have to state that I am entitled to receive from Messrs [...........] [Insert the name of the place where the headquarters of the Labour Court are situated.] P.O........... District (with whom I am/was employed) a sum of Rs.............. under the award dated the...........given by [...............] [Insert the name of the Tribunal/Arbitrator.] / the settlement dated the ................... under Chapter V-A of the Industrial Disputes Act, 1947, according to the determination of the Labour Court.............A certified copy of the said Labour Court's finding is enclosed. I request that the said sum of money may kindly be recovered from Messrs [..................] [Insert the name and address of the concerned employer.] under sub- section (1) of section 33 of the said Act and paid to me.
Station.................. Signature of the applicant
Dated .................. Address...........................
Form L(See rule 71)Form of notices of strike to be given by [Workman/ Workmen] [Substituted by F. 5(5)/Lab. 59, 28-10-60, IV-C, w.e.f. 17-11-60] in a public utility service.Name of Union............................................................[Names of five elected representative of workmen] [Substituted by F. 5(5)/Lab. 59, 28-10-60, IV-C, w.e.f. 17-11-60]Address.Dated the .............day of.......... 19...To(The name of the employer).Dear Sir/Sirs,In accordance with the provisions contained in sub-section (1) of section 22 of the Industrial Disputes Act, 1947, I/we hereby give you notice that I propose to call a strike/we propose to go on strike on 19 .. for the reasons explained in the annexure.Yours faithfullySecretary of the Union.[Five representatives of the workmen duly elected at a meeting held on....................vide resolution attached.] [Substituted by F. 5(5)/Lab. 59, 28-10-60, IV-C, w.e.f. 17-11-60]AnnexureStatement of the case.Copy to (1) Conciliation Officer.(Here enter office address of the Conciliation Officer in the local area concerned.)
(2)The Labour Commissioner, Rajasthan, Jaipur.Form M(See rule 72)Form of notice of lockout to be given by an employer carrying on a public utility service.Name of employer.................. Address..................Dated the........ day of........... 19......To...............................................[Dear Sirs] [Substituted by F. 5(5)/Lab. 59, 28-10-60, IV-C, w.e.f. 17-11-60][ [All workmen employed in the Industry. Workmen of................. Deptt./section.] [Substituted by F. 5(5)/Lab. 59, 28-10-60, IV-C, w.e.f. 17-11-60](Here by specify the department or section affected by the lockout). The workman concerned (here specify the names of the workmen affected by the lockout).]In accordance with the provisions of sub-section (2) of section 22 of the Industrial Disputes Act 1947, I/we hereby inform you that it is my/our intention to effect a lockout with effect from..............for the reasons explained in the annexe.Yours faithfully,AnnexeStatement of the caseCopy to- (1) Conciliation Officer.(Here enter office address of the Conciliation Officer in the local area concerned).
(2)The Labour Commissioner, Rajasthan, Jaipur.Form N(See rule 73)(Form of Report of Strike or Lockout in a public utility service)Information to be supplied in this form immediately on the occurrence of a strike or lockout in a public utility service to the Conciliation Officer in the local area concerned and to the Labour Commissioner, Rajasthan, Jaipur.
Name of undertaking Station and district Normal working strength Number of workers involved Strike or lockout
Directly Indirectly
1 2 3 4 5 6
           
Date of commencement of strike or lockout Cause Was notice of strike or lockout given, if so, onwhat date and for what period? Is there any permanent agency or agreement in theundertaking for the settlement of disputes between the employerand workmen? If any exist particulars thereof. Any other information.
7 8 9 10 11
         
Note.- Column (3) Give the average number of workmen employed during the month previous to the day on which the strike or lockout occurred. While reckoning the average, omit the days on which the attendance was not normal for reasons other than individual reasons of particular workman. Thus days on which strike or lockout occurs or communal holiday is enjoyed by a large section of workers should be omitted.Column (4) If say, 200 workers in factory strike work and in consequence the whole factory employing 1,000 workers has to be closed then 200 should be shown under "directly" and the remaining under "indirectly". If the strike of 200 workers does not effect the working of the other departments of the Factory, the number of workers involved would only be 200 which figure should appear under "directly" and column "indirectly" would be blank.Column (8) Give the main causes of the dispute as well as the immediate cause that led to the strike or lockout.Form O(See rule 75)Register - Part I {||-| S. No.| Industry| Parties to the settlement| Date of settlement| Remarks|-| 1| 2| 3| 4| 5|-||||||}[Whether the settlement was affected at the intervention of the conciliation machinery, or by mutual negotiations between the parties, may be indicated here.] [Here insert the number of workmen.]