Section 76 in Industrial Disputes (Punjab) Rules, 1958
76. Maintenance of seniority list of workmen.
- The employer shall prepare a list of all workmen in the particular category from which retrenchment is contemplated arranged according to the seniority of their service in that category and cause a copy thereof to be pasted on a notice- board in a conspicuous place in the premises of the industrial establishment at least seven days before the actual date of retrenchment :[Provided that a copy of the seniority list shall also be supplied to the union or unions of workmen if existing in the Industrial Establishment within the aforesaid period.] [Inserted vide Punjab Government Notification No. GSR 60/C.A. 14/47/Section 38/Amd. (5) 75, dated the 21st March, 1975.][77. Re-employment of retrenched workmen. - (1) At least [fifteen days] [Rules 77, 78, 79 and 80 renumbered as rules 76, 77, 78 and 79, respectively by Punjab Government Notification No.653(1) Lab-1-59/2802, dated 19th January, 1959.] before the date on which vacancies are to be filled, the employer shall arrange for the display on a notice-board in a conspicuous place in the premises of the industrial establishment details of those vacancies and shall also give intimation [by registered post or personally against signatures] [Inserted vide Punjab Government Notification No. GSR 40/C.A. 14/47/Section 38/Amd. (5)/75, dated 21st March, 1975.] of those vacancies to every one of all the retrenched workmen eligible to be considered therefor, to the address given by him at the time of retrenchment or at any time thereafter :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 list referred to in rule 76, the number of such senior-most workmen being double the number of such vacancies :Provided further that where the vacancy is of a duration of less then one month, there shall be no obligation on the employer to send intimation of such vacancy to individual retrenched workmen. [But where the vacancy is of a duration of one month initially and is subsequently continued, then the employer shall issue such a notice :] [Inserted vide Punjab Government Notification No. GSR 40/C.A. 14/47/Section 38/Amd. (5)/75, dated 21st March, 1975.]Provided further that if a retrenched workman without sufficient cause being shown in writing to the employer does not offer himself for re-employment in spite of having received an intimation [on three consecutive occasions] [Rules 77, 78, 79 and 80 renumbered as rules 76, 77, 78 and 79 respectively Punjab Government Notification No. 663(1) Lab. I-59/2802, dated the 19th January, 1959.] from an employer, he need not intimate to him the vacancies that may be filled on any subsequent occasion.](2)Immediately after complying with the provisions of sub-rule (1), the employer shall also inform the trade unions connected with the industrial establishment, of the number of vacancies to be filled and names of the retrenched workmen to whom intimation has been sent under that sub-rule :Provided that the provisions of this sub-rule need not be complied with by the employer in any case where intimation is sent to every one of the workmen mentioned in the list prepared under rule 77.
