Uttar Pradesh Rules

INDUSTRIAL DISPUTES ACT, 1947

UTTAR PRADESH RULES

 

The Industrial Disputes (Utter Pradesh) Rules, 1976

1. Short title and commencement
2. Definition
3. Application for permission to lay-off under Section 25-M
4. Notice of, and application for permission for, retrenchment
5. Notice of, and application for, permission for, closure
  FORMS
   
 

THE U P. WORKING JOURNALISTS
(INDUSTRIAL DISPUTES RULES, 1957

1.

Title and application.

2.

Definitions.

3.

 

4.

Powers, procedure and duties of conciliation officers.

5.

 

6.

The memorandum of settlement referred to in Rule 5 shall be signed by.

7.  

8.

Register of settlement

 

Procedure for reference of Industrial Disputes to Boards, Courts, Labour Courts or Industrial Tribunals

9. Application.

10.

Attestation of application.

11.

Notification of appointment of Board, Court, Labour Court or Tribunal.

12.

Notice to parties to nominate representatives.

13.

Arbitration agreement

14.

Attestation of arbitration agreement

 

Powers, procedure and duties of Boards, Courts, Labour Courts, Tribunals and Arbitrators

15.

Place and time of hearing.

16.

Quorum for Boards and Courts.

17.

Administration of oath.

18.

Evidence.

19.

Summons.

20.

Description of parties in certain cases.

21.

Service of summons or notice.

22.

Manner of service in the case of numerous persons as parties to the dispute.

23.

Procedure at the first sitting.

24.

Information to be kept confidential.

25.

Board, Labour Court, Tribunal or Arbitrator may proceed ex parte. 

26.

Power to entry and inspection.

27.

Powers of Boards, Courts, Labour Courts and Tribunals.

28.

Assessors.

29.

Decision by majority.

30.

Correction of errors.

31.

Right of representatives.

32.

Procedure before a Board, Court, Labour Court or Tribunal.

 

Remuneration of Arbitrators, Chairman and Members of Courts, Presiding Officers of Labour Courts, Tribunals, Assessors and Witnesses

33.

Travelling allowance.

34.

Expenses ex witnesses.
 

Representation of Parties

35.

Form of authority under Section 36.

36.

Parties bound by acts of representatives.

37.

Recognition of protected workmen.

38. Distribution of protected workmen.

39.

Notice of change.

40.

Manner of service of notice of change.

41.

Complaint regarding change of conditions of service.

42.

Application for permission under Section 33.

43.

Application for recovery of dues.

44.

Procedure for computing money value of benefit.

45.

Notice of retrenchment.

46.

Maintenance of a seniority list of retrenched working journalists.

47.

Re-employment of retrenched working journalists.

48.

Copies of awards or other documents of a Labour Court, Tribunal or an Arbitrator.

49.

SCHEDULE (Forms from A to Q)
 

NOTIFICATIONS

The Industrial Disputes (Utter Pradesh) Rules, 1976

English translation of Shram Anubhag-1, Noti. No. 1819(ST)/XXXVI-I
127(ST)-76, dated March 18, 1976, published in U. P. Gazette,
Extra., dated 18th March, 1976, pp. 12-23.

In exercise of the powers conferred by sub-section (1) of Section 38 of the Industrial Disputes Act, 1947 (Act No. XIV of 1947), the Governor is pleased to make the following Rules, the same having previously been published for objection and suggestions vide Notification No. 1528(ST)/XXXVI—127(ST)-76, dated March 6, 1976:

1.    Short title and commencement.—(a) These Rules may be called the Industrial Disputes (Uttar Pradesh) Rules, 1976.

(b) They shall come into force with effect from the date of their publication in the Official Gazette.

2.    Definition.—In these rules, unless the context otherwise requires—

(a)   'Act' means the Industrial Disputes Act, 1947;

(b)   'Form' means a form appended to these rules;

(c)   'Section' means a section of the Act;

(d) Words and expressions used in these rules and not defined therein, but defined in the Act shall have meanings assigned to them in the Act.

3.    Application for permission to lay-off under Section 25-M.—(1) Application for permission to lay-off any workman under sub-section (1) of Section 25M or for permission to continue a lay-off under sub-section (2) of the said section, shall be made in Form 'A' and delivered to the authority specified under sub-section (1) either personally or by Registered Post Acknowledgement due and where the application is sent by registered post the date on which the same was delivered to the said authority shall be deemed to be the date on which the application was made, for the purposes of sub-section (4) of the said section.

(2) The application for permission shall be made in triplicate and sufficient number of copies of the application for service on the workmen concerned shall also be submitted along with the application.

(3)  The employer concerned shall furnish to the authority to whom the application for permission has been made such further information as the authority considers necessary for arriving at a decision on the application, as and when called for by such authority so as to enable the authority to communicate the permission or refusal to grant permission within the period specified in sub-section (4) of Section 25-M.

(4)  Where the permission to lay-off has been granted by the said authority, the employer concerned shall give to the Deputy Labour Commissioner or Assistant Labour Commissioner of the area concerned, a notice of commencement and termination of such lay-off in Forms 'B' and 'C respectively and where permission to continue a layoff has been granted by the said authority, the employer shall give to the Deputy Labour Commissioner or Assistant Labour Commissioner of the area concerned, a notice of commencement of such lay-off in Form 'B', in case such a notice has not already been given, and a notice of termination of such lay-off in Form 'C'.

(5) The notice of commencement and termination of lay-off referred to in sub-rule (4) shall be given within seven days of such commencement or termination, as the case may be.

4.    Notice of, and application for permission for, retrenchment.—(i) Notice under clause (c) of sub-section (1) of Section 25-N for retrenchment shall be served in Form 'D' on such authority as may be specified by the State Government either personally or by registered post acknowledgement due and where the notice is served by registered post, the date on which the same was delivered to such authority shall be deemed to be the date of service of the notice for the purposes of sub-section (3) of the said section.

(2)  Application for permission for retrenchment under sub-section (4) of Section 25-N shall be made in Form 'E' (with attested copy of the notice given by the employer under clause (a) of Section 25-F and delivered to such authority as may be specified by the State Government either personally or by registered post acknowledgement due and where application is sent by registered post the date on which the same was delivered to the State Government or the authority shall be deemed to be the date on which the application was made for the purposes of sub-section (5) of the said section.

(3)  The notice or, as the case may be, the application shall be served in triplicate and sufficient number of copies of the application for service on the workmen concerned shall be submitted alongwith the notice' or, as the case may be, the application.

(4)  The employer concerned shall furnish to the State Government or the authority to whom the notice for retrenchment has been given or the application for permission for retrenchment has been made under clause (e) of sub-section (1), or, as the case may be, sub-section (4) of the said Section 25-N, such further information as the State Government or, as the case may be, the authority considers necessary for arriving at a decision on the notice or, as the case may be, application, as and when called for by such authority, so as to enable the State Government or the authority to communicate its permission or refusal to grant permission within the period specified in sub-section (3), or, as the case may be, sub-section (5) of the said Section 25-N.

5.     Notice of, and application for, permission for, closure.—(I) Notice under sub-section (1) of Section 25-0 of intended closure shall be given in Form 'F' served on the State Government either personal y or by registered post acknowledgement due.

(2) Application for permission to close down an undertaking, under sub-section (3) of Section 25-0, shall be made in Form 'G' [with attested copy bf the notice served by the employer under sub-section (1) of Section 25-FFA in Form 'H'] and shall be delivered to the State Government either personally or by registered post acknowledgement due and where the application is sent by registered post the date on which the same was delivered to the State Government shall be deemed to be the date' on which ' the application was made for the purposes of sub-section (4) of the said Section 25.0.

(3)  The notice, or, as the case may be, the application shall he made in triplicate.

(4)  The employer concerned shall furnish to the State Government to whom the notice of intended closure has been given or the application for permission to close down has been made such further information as the State Government considers necessary, for arriving at a decision on the notice, or, as the case may be, the application, and calls for from such employer.

FORM A

[See Rule 3(1)]

Form of application for permission to lay-off workmen in industrial establishments to which provisions of Chapter VB of the Industrial Disputes Act, 1947, apply.

To

.............................

...............................

...............................

[The authority specified under sub-section (1) of Section 25-M of the Act]

Sir

Under sub-section (1), sub-section (2) of Section 25-M of Industrial Disputes Act, 1947 (14 of 1947), read with sub-rule (1) of Rule 2 of the Industrial Disputes (Uttar Pradesh) Rules, 1976, I/We, hereby apply for *permission to lay-off/permission to continue the lay-off............workmen out of a total of............workmen employed in my/our establishment with effect from ...........to............for the reasons set out in the Annexure.

Permission is solicited* for the lay-off/to continue the lay-off of the said workmen.

Such of the workmen permitted to laid-off will he paid such compensation, if any, to which he is entitled under sub-section (6) of Section 25-M, read with Section 25-C, of the Industrial Disputes Act, 1947 (14 of 1947).

Yours faithfully,

(Signature)

ANNEXURE

(Please give replies against each item)

Item No.

1.    Name of the undertaking together with names of occupier/Manager/ Director/Partners with complete postal address, including telegraphic addresses and telephone number.

2.     (a) *Names and addresses and average wage of the affected workmen proposed to be laid-off/names and addresses of the workmen laid-off before the commencement of the Industrial Disputes (Amendment) Act, 1976 (32 of 1976) and the dates from which each of them have been laid-off,

(b) The nature of the duties of the workmen referred to in sub-item (a) the units/sections/shops where they are working and the wages drawn by them.

3.    Product/Products of the undertaking.

4.   Details relating to installed capacity, licenced capacity and utilised capacity.

5.   (i) Annual production, item-wise for preceding three years;

(ii)  Production, figures, month-wise, for the preceding twelve months.

6.    Work-in-progress, item-wise and value-wise.

7.   Any arrangements regarding off-loading of sub-contracting of products or any components thereof.

8.   Position of the order book, item-wise arid value-wise for a period of six months, and one year, next following and for the period after the expiry of the said one year.

9.   Number of working days in a week with the number of shifts per-day and the strength of workmen per each shift.

10.   Balance-sheets, profit and loss accounts and audit reports for the last three years.

11.   Financial position of the company.

12.   Names of the inter-connected companies or companies under the same management.

13.   (i) The total number of workmen and the number of employees other than workmen as defined under the Industrial Disputes Act, 1947 (14 of 1947), employed in the undertaking.

(ii).  Percentage of wages of workmen to the total cost of production.

14.   Administrative, general and selling cost in absolute terms per year in the last three years and percentage thereof to the total cost.

15.   Details of lay-offs resorted to in the last three years (other than the lay-off for which permission is sought including the periods of such lay-offs, the number of workmen involved in each such lay-off and the reasons therefor.

16.   Anticipated savings due to the proposed lay-off/lay-off for the continuance of which permission is sought.

17.    Any proposal for effecting savings on account of reduction in—

(i) managerial remuneration,

(ii) sales promotion cost, and

(iii) general administration expenses.

18.  Position of stocks on last day of the month in the preceding twelve months.

19.  Annual sales figures for the last three years and month-wise sales figures for the preceding twelve months, both item-wise and value-wise.

20.  Reasons for the *proposed lay-off/lay-off for the continuance of which permission is sought.

21.  Any specific attempts made so far to avoid the *proposed lay-off/ lay-off for the continuance of which permission is sought.

22.  Any other relevant factors with details thereof."

FORM B

[See Rule 3(4)]

To,

The Regional Deputy/Assistant Labour Commissioner,
............................................................................................
(here specify the region concerned)

Sir,

Under rule........................of the Industrial Disputes (Uttar Pradesh) Rules, 1976, I/We, hereby inform you that I/We, have laid-off..........out of a total of ............ workmen employed in the establishment with effect from +..........for the reasons explained in the Annexure.

2. Such of the workmen concerned as are entitled to compensation under Section 25C of the Industrial Disputes Act, 1947 will be paid compensation due to them.

Yours faithfully,

(Signature).

ANNEXURE

Statement of Reasons

FORM C

[See Rule 3(4)]

To,

The Regional Deputy/Assistant Labour Commissioner,
.............................................................................
(here specify the region concerned)

Sir,

As required by rule..........of the Industrial Disputes (Uttar Pradesh) Rules, 1976 and in connection of my /our notice dated*..................in Form................, I/We, hereby inform you the lay-off in my/our establishment has ended on*..............

Yours faithfully,

(Signature).

FORM D

[See Rule 4(1)]

Form of notice for permission for retrenchment of workmen to be given by an employer under clause (c) of sub-section (1) of Section 25-N of the Industrial Disputes Act, 4947 (14 of 1947).

Dated

To,

.........................

..........................

.............................

[The †State Government / Authority specified under clause (c) of sub-section (1)

of Section 25-N of the Act]

Sir,

Under clause (c) of sub-section (1) of Section 25N of the Industrial Disputes Act, 1947 (14 of 1947), I/We, hereby inform you that I/We propose to retrench.....................workmen [being workmen to whom subsection (1) of Section 25-N applies] with effect from..................for the reasons set out in the Annexure.

2. The workmen concerned *have been given notice in writing as required under clause (a) of sub-section (1) of Section 25-N of the Act/have not been given notice since the retrenchment being proposed to be effected under an agreement (a copy of which is enclosed) as provided in the proviso to the said clause.

(3) The total number of workmen employed in the industrial establishment is...............and the total number of those who will be affected by the proposed retrenchment is as given below:

(Category and designation of workmen to be retrenched) Number of workmen
(Employed) (to be retrenched)
(1) (2) (3)


 

(4) Permission is solicited for the proposed retrenchment, under clause (e) of sub-section (1) of Section 25-N of the Industrial Disputes Act, 1947 (14 of 1947).

5. I/We, hereby declare that the workmen permitted to be retrenched will be paid compensation due to them under clause (b) of sub-section (I) of Section 25-N of the Act.

Yours faithfully,

(Signature)

ANNEXURE
(Please give replies against each items)

Item No.

1.    Name of the undertaking with complete postal address, including telegraphic addresses and telephone number.

2.    Name and addresses of the workmen proposed to be retrenched and the nature of their duties, the units/sections/shops where they are working and the wages drawn by them.

3.    Product/Products of the undertaking.

4.    Details relating to installed capacity, licensed, capacity and the utilised capacity.

5.     (i) Annual production item-wise for preceding three years.

(ii) Production figures month-wise for the preceding twelve months.

6.    Working progress item-wise and value-wise.

7.    Any arrangement regarding off-loading or sub-contracting of products or any components thereof.

8.    Position of the order book item-wise and value-wise for a period of six months, and one year, next following and for the period after the expiry of the said one year.

9.    Number of working days in a week with number of shifts per day and strength of workmen per each shift.

10.    Balance-sheet, profit and loss account and audit reports for the last three years.

11.    Financial position of the company.

12.    Names 6f the inter-connected companies or companies under the same management.

13. (i) Total number of workmen and the number of employees other than workmen as defined in the Industrial Disputes Act, 1947 (14 of 1947), employed in the undertaking.

(ii) Percentage of wages of workmen to the total cost of production.

14. Administrative, general and selling cost in absolute terms per year for-the last three years and percentage thereof to the total cost.

15.    Details of retrenchment resorted to in the last three years, including dates of retrenchment, the number of workmen involved in each case, and the reasons therefor.

16.    Has any of the retrenched workmen been given re-employment and if so, when? Give details.

17.    Are seniority lists maintained in respect of the categories of workmen proposed to be retrenched and if so, the details and the position of the workmen affected indicating their length of service including broken periods of service ?

18.     Anticipated savings due to the proposed retrenchment.

19.    Any proposal for effecting savings on account of reduction in—

(i) managerial remuneration,

(ii) sales promotion cost, and

(iii) administration expenses.

20.     Position of stock on the last day of the month in the preceding twelve months.

21.    Annual sales figures for the last three years and month-wise sales figures for the preceding twelve months both item-wise end value-wise.

22.     Reasons for the proposed retrenchment.

23.     Any specific attempt made so far to avoid the proposed retrenchment.

24.     Any other relevant factors with details thereof.

FORM E

[See Rule 4(2)]

Form of application for permission for retrenchment of workmen in cases where at the commencement of the Industrial Disputes (Amendment) Act, 1976 (Act 32 of 1976), the period of notice given under clause (a) of Section 25-F for the retrenchment has not expired.

Dated................

To,

............................
...........................
.............................

[The State Government] Authority referred to in sub-section (2) of Section 25-N
of the Act]

Sir,

I/We, have given notice on.......................................under clause (a) of Section 25-F for the retrenchment of the workman/workmen specified below (attested copy/copies of the notice is/are appended hereto) :—

Name and address of workmen Category and designation
1 2


 

2. The period of notice referred to above has not expired.

S. I/We, hereby, solicit permission for the retrenchment of the workmen referred to above under sub-section (4) of Section 25-N of the Industrial Disputes Act, 1947 (14 of 1947), for the reasons set out in the Annexure.

Yours faithfully,
(Signature).

ANNEXURE
(Please give replies against each item)

Item No.

1.    Name of the undertaking with complete postal address including telegraphic addresses and telephone number.

2. (a) Names of the workmen proposed to be retrenched and the nature of their duties, the units/sections/shops where they are working and (he wages drawn by them.

    (b) Date  of the notice of retrenchment given to  the  workman   concermend  under Section  25-F(a) and the  dates on which the said  notice was served on each workman  concerned.

 3    .Product/Products of the undertaking.

 4  .   Details relating to installed capacity, licensed capacity and the utilised capacity.

 5    (i) Annual production, item-wise for the preceding three years.

       (ii) Production figures month-wise for the preceding twelve months.

6.     Work-in-progress, item-wise and value-wise.


 7.  Any arrangement regarding off-loading or sub-contracting of products or any components thereof.

8. Position of the order book—item-wise and value-wise for a period of six months, and one year, next following and for the period after the expiry of the said one year.

 9. Number of working days in a week with number of shifts per day and strength of workmen per each shift,

 10.  Balance-sheet; profit, and loss account and audit reports for the last three years.

 11.   Financial position of the company.

 12.   Names of the inter-connected company or companies under the same management.

  13.(i)     The total number of workmen and number of employees other than workmen as defined in the Industrial Disputes Act, 1947 (14 of 1947), employed in the undertaking.

      (ii)     Percentage of wages of workmen to the total cost of production.

14.    Administrative, general and selling cost in absolute terms per year for the last three years and percentage thereof to the total cost.

15.    Details of retrenchment resorted to in the last three years, including the dates of retrenchment, the number of workmen involved in each case and the reasons thereof.

16.    Has any of the retrenched workmen been given re-employment and if so, when? Give details.

17.    Are seniority lists maintained in respect of the categories of workmen proposed to be retrenched and if so, the details and the position of the workmen affected indicating their length of service including broken periods of service?

18.    Anticipated savings due to the proposed retrenchment.

19.    Any proposal for effecting savings on account of reduction in —

(i) managerial remuneration;

(ii) sales promotion cost; and

(iii) general administration expenses.

20.    Position of stock on the last day of the month in the preceding twelve months.

21.    Annual sales figures for the last three years and month-wise sales figures for the preceding twelve month—both item-wise and value-wise.

22.    Reasons for the proposed retrenchment.

23.    Any specific attempt made so far to avoid the proposed retrenchment.

24.    Any other relevant factors with details thereof.

FORM F

[See Rule 5(1)]

Form of notice for permission of closure to be given by an employer under sub-section (1) of Section 25-0 of the Industrial Disputes Act, 1947 (14 of 1947).

Date.............

To,

SACHIV
Uttar Pradesh Shasan
Shram Vibhag,
Lucknow.

Sir,

Under Section 25-0 of the Industrial Disputes Act, 1947.(14 of 1947), I/We, hereby inform you that I/We, propose to close down the undertaking specified below of—{Name of the Industrial establishment).

(Give details of the undertaking)

with effect from............for the reasons explained in the Annexure.

2.    The number of workmen whose services will be terminated on account of the closure of the undertaking is..........(number of workmen).

3.     Permission is solicited for the proposed closure.

4.     I/We, hereby declare that in the event of approval for the closure being granted, every workman in the undertaking to whom sub-section (7) of the said Section 25-0 applies will be given notice and paid compensation as specified in Section 25-N of the Industrial Disputes Act, 1947 (14 of 1947), as if the workman had been retrenched under that section.

Yours faithfully,

(Signature).

ANNEXURE
(Please give replies against each item)

Item No.

1.    Name of the industrial establishment with complete postal address, including telegraphic address and telephone number.

2.    The total number and categories of workmen affected by the proposed closure, alongwith the addresses of the workmen and the details of wages drawn by them.

3.     Product/Products of the undertaking.

4.    Details relating to licensed capacity, installed capacity and the utilised capacity.

5.     (i) Annual production item-wise for preceding three years.

(ii) Production figures month-wise for the preceding twelve months.

6.    Work in progress—item-wise and value-wise,

7.    Any arrangement regarding off-loading or sub-contracting of products or any component thereof.

8.    Details of persons or the organisations to whom the job (s) is (are) being entrusted-relationship/interest of the persons, organisations with the director (s) or the officer (s) of the company.

9.    Position of the order book—item-wise and value-wise for a period of six months, and one year, next following and V for the period after the expiry of the said one year.

10.    Number of working days in a week with the number of shifts per day arid the strength of workmen per each shift.

11.     Balance-sheet and profit and loss account and-audit reports, for the last three years.

12.    Financial position of the company.

13. (i) Names of any inter-connected company or companies under the same management.

(ii) Details about inter-corporate investments and changes during the last one year.

{iii) Interest of any of the directors/officers of the undertaking producing same or similar type of product.

14.     Percentage of wages of workmen to the total cost of production.

15.    Administrative, general and selling cost in absolute terms per year for the last three years and percentage thereof to the total cost.

16.    Inventory position—item-wise and value-wise for the preceding twelve months (Inventories to be shown in respect of finished products, components and raw-materials to be shown separately item-wise and value -wise).

17.    Selling arrangement for the last three years and any change in the selling arrangement in preceding twelve months.

18.    Full details of the interests of the directors and officers of the company in the organisations /persons involved in selling products of the undertaking.

19.    Buying arrangements for raw-materials and components.

20.     Interest of the directors and officers with the organisations /persons involved in buying raw materials and components for the undertaking.

21.     Annual sales figures for the last three years and month-wise sales figures for the preceding twelve months both item-wise and value-wise.

22.    Reasons for the proposed closure.

23.     Any specific attempts made so far to avoid the closure.

24.    Any other relevant factors with details thereof.

FORM G

[See Rule 5(2)]

Form of application for permission to close down an undertaking in cases where at the commencement of the Industrial Disputes (Amendment) Act, 1976 (Act 32 of 1976), the period of notice given under sub-section (1) of Section 25-FFA of intention to close down an undertaking has not expired.

Date..............

To,

SACHIV,
Uttar Pradesh Shasan,
Shram Vibhao,
Lucknow.

Sir,

I/We, have given notice on..................under sub-section (1) of Section 25FFA, of our intention to close down an undertaking specified below of:—

(Name of industrial establishment)

(Attested copy of the notice is appended hereto)
(Give details of the undertaking)

2.   The period of notice referred to above has not expired.

3.   I/We, hereby solicit permission to close down the said undertaking under sub-section (3) of Section 25-0 of the Industrial Disputes Act, 1947 (14 of 1947), for the reasons set out in the Annexure.

4.   I/We, hereby declare that in the event of permission for the closure being granted every workman in the undertaking to whom sub-section (7) of the said Section 25-0 applies will be given notice and paid compensation as specified in Section 25-N of the Industrial Disputes Act, 1947 (14 of 1947), as if the workman had been retrenched under that section.

Yours faithfully,
(Signature)

ANNEXURE

(Please give replies against each item)

Item No.

1. Name of the industrial establishment with complete postal address, including telegraphic addresses and telephone number.

2. Date of the notice under sub-section (1) of Section 25-FFA, and the date on which the said notice was served on the appropriate Government.

3.  The total number and categories of workmen affected by the proposed closure, along with the addresses of the workmen and the details of wages drawn by them.

4.   Product/Products of the undertaking.

5.   Details relating to licensed capacity, installed capacity and the utilised capacity.

6.   (i) Annual production item-wise for preceding three years.

(ii) Production figures month-wise for the preceding twelve months.

7.   Work in progress—item-wise and value-wise.

8.   Any arrangement regarding off-loading or sub-contracting of products or any component thereof.

9.  Details of persons or the organisations to whom the job (s) is (are) being entrusted—relationship/interest of the persons/organisations with the director (s) or the officer (s) of the company.

10.  Position of the order book—item-wise and value-wise, for a period of six months, and one year, next following and for the period after the expiry of the said one year.

11.  Number of working days in a week with the number of shifts per day and the strength of workmen per each shift.

12.   Balance-sheet and profit and loss account and audit reports for the last three years.

13.  Financial position of the company.

14.  (i) Names of any inter-connected company or companies under the same management,

(ii) Details about inter-corporate investments and changes during the last one year.

(iii) Interest of any of the directors/officers of the undertaking producing same or similar type of product.

15.   Percentage of wages of workmen to the total cost of production.

16.   Administrative, general and selling cost in absolute terms per year for the last three years and percentage thereof to the total cost.

17.   Inventory position—item-wise and value-wise for the preceding twelve months. (Inventories to be shown in respect of finished products, components and raw-materials to be shown separately item-wise and value-wise.)

18.  Selling arrangement for the last three years and any change in the selling arrangement in preceding twelve months.

19.   Full details of the interests of the directors and officers of the company in the organisations /persons involved in selling products of the undertaking.

20.   Buying arrangements for rawmaterials and components.

21.   Interests of the directors and officers with the organisations/persons involved in buying raw-material and components for the undertaking.

22.    Annual sales figures for the last three years and month-wise sales figures for the preceding twelve months, both item-wise and value-wise.

23.    Reasons for the proposed closure.

24.    Any specific attempts made so far to avoid the closure.

25.    Any other relevant factors with details thereof.

FORM H

[See Rule 5(2)]

Form of notice of closure to be given by an employer under Section 25FFA of the Industrial Disputes Act, 1947.

Name of employer..........................Address...............Dated the..................day of..........197

To,

SACHIV,
Uttar Pradesh Shasan,
Shram Vibhag,
LUCKNOW.

Sir,

Under Section 25-FFA of the Industrial Disputes Act, 1947 (14 of 1947) I/We, hereby inform you that I/We, have decided to close down..........(name of the undertaking) with effect from...............for the reasons explained in the annexure. The number of workmen whose services should be. terminated on account of the closure of the undertaking is..............(number of workmen).

Yours faithfully,

ANNEXURE
Statement of Reasons

Copy to:—

(1)  The Regional Deputy/Assistant Labour Commissioner,..........
(2)  The Employment Exchange................

THE U P. WORKING JOURNALISTS
(INDUSTRIAL DISPUTES RULES, 1957

CONTENTS

Rules Rules

Preliminary

26.

Power to entry and inspection.

1.

Title and application.

27.

Powers of Boards, Courts, Labour Courts and Tribunals.

2.

Definitions.

   

3.

 

28.

Assessors.

4.

Powers, procedure and duties of conciliation officers.

29.

Decision by majority.

   

30.

Correction of errors.

5.

 

31.

Right of representatives.

6.

The memorandum of settlement referred to in Rule 5 shall be signed by.

32.

Procedure before a Board, Court, Labour Court or Tribunal.

Remuneration of Arbitrators, Chairman and Members of Courts, Presiding Officers of Labour Courts, Tribunals, Assessors and Witnesses

7. Register of settlement    

8.

Procedure for reference of Industrial Disputes to Boards, Courts, Labour Courts or Industrial Tribunals

33.

Travelling allowance.

34.

Expenses ex witnesses.

9.

Application.

 

Representation of Parties

10.

Attestation of application.

35.

Form of authority under Section 36.

11.

Notification of appointment of Board, Court, Labour Court or Tribunal.

36.

 Parties bound by acts of representatives.

12.

Notice to parties to nominate representatives.

37.

Recognition of protected workmen.

13.

Arbitration agreement

38. Distribution of protected workmen.

14.

Attestation of arbitration agreement

39.

Notice of change.

 

Powers, procedure and duties of Boards, Courts, Labour Courts, Tribunals and Arbitrators

40.

Manner of service of notice of change.

   

41.

Complaint regarding change of conditions of service.

15.

Place and time of hearing.

42.

Application for permission under Section 33.

16.

Quorum for Boards and Courts.

43.

Application for recovery of dues.

17.

Administration of oath.

44.

Procedure for computing money value of benefit.

18.

Evidence.

45.

Notice of retrenchment.

19.

Summons.

46.

Maintenance of a seniority list of retrenched working journalists.

20.

Description of parties in certain cases.

47.

Re-employment of retrenched working journalists.

21.

Service of summons or notice.

   

22.

Manner of service in the case of numerous persons as parties to the dispute.

48.

Copies of awards or other documents of a Labour Court, Tribunal or an Arbitrator.

23.

Procedure at the first sitting.

49.

 

24.

Information to be kept confidential.

 

SCHEDULE

25.

Board, Labour Court, Tribunal or Arbitrator may proceed ex parte.

 

(Forms from A to Q)

Preliminary

1.   Title and application.—These rules may be called the UP. Working Journalists (Industrial Disputes) Rules, 1957.

2.    Definitions.—In these rules unless there is anything repugnant in the subject or context,—

(a) 'Act' means the Industrial Disputes Act, 1947 ;

(b) All words and expressions used but not defined shall have the meaning respectively assigned to them in the Act;

(c) 'Chairman' means the Chairman of a Board or Court or, if the Court consists of one person only, such person ;

(d) 'Form' means a form prescribed in the Schedule to these rules;

(e) 'Section' means a section of the Act;

(f)  'State Government' means the Government of Uttar Pradesh;

(g)   'Labour Commissioner' means the Labour Commissioner, U. P.;

(h) The expressions 'newspaper', 'newspaper establishment' and 'working journalist' shall have the meanings respectively assigned to them in Section 2 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 ;

(i) 'Trade Unions' means a trade union registered under the Indian Trade Unions Act, 1926.

3.  (1) An application for the settlement of an industrial dispute may be made to the Conciliation Officer of the area concerned :

(i) In the case of a Working Journalist by—

(a)  a registered trade union of working journalists, or

(b)   a federation of such trade unions, or

(c)  where no such union or federation exists in relation to any particular newspaper establishment by five representatives of the working journalists employed in the newspaper establishment, to be elected in that behalf by a majority of the working journalists employed in the newspaper establishment, as the case may be, at a meeting held for the purpose, and

(ii) In the case of an employer of—

(a) the employer of a newspaper establishment himself, or
(b) a trade union or association of employers, or
(c) a federation of such trade unions or associations.

(2) No application under sub-rule (1) shall ordinarily be entertained by the Conciliation Officer if it is in respect of a dispute arising more than six months previous to the date of the application, or if the dispute has already been the subject of proceedings before a Board, Labour Court or Tribunal and finally settled:
Provided that the Conciliation Officer may, if he is satisfied that the applicant had sufficient cause for not making the application earlier, entertain the same.

4.    Powers, procedure and duties of conciliation officers.—(1) Where a Conciliation Officer receives information, through an application or otherwise, about an existing or apprehended industrial dispute, and he considers it necessary to intervene in the dispute, he shall give intimation in writing to the parties concerned of his intention to commence conciliation proceedings with effect from such date as may be specified therein.
(2)  The Conciliation Officer may hold a meeting of the parties jointly or of each separately.
(3)  The Conciliation Officer shall conduct the proceedings expeditiously and in such manner as he may deem fit.
5.  (i) Where a settlement is arrived at in the course of conciliation proceeding, the Conciliation Officer shall send a report thereof to the State Government and to the Labour Commissioner together with a copy of the memorandum of settlement signed by the parties to the dispute.

(ii) A settlement arrived at in the course of conciliation proceedings or otherwise shall be in Form 'A'.

(iii) Where no settlement has been arrived at in the course of conciliation proceedings, the Conciliation Officer shall send a report thereof stating the ; Oircumstances under which no settlement could be arrived at, to the State Government and the Labour Commissioner.

1[6. The memorandum of settlement referred to in Rule 5 shall be signed by.—(a) In the case of an employer by the employer himself, or by his authorised agent, or when the employer is an incorporated company or other body corporate, by the agent, manager or other principal officer of the corporation,

(b) In the case of working journalist either by the President and Secretary of a trade union of working journalists, or by five representatives of the working journalists of the newspaper establishment authorised in this behalf by a majority of working journalists present at the meeting held for the purpose.]

7.    Where a settlement is arrived at between an employer and his working journalists otherwise than in the course of conciliation proceedings before a Board or a Conciliation Officer, the parties to the settlement shall jointly send a copy thereof to the State Government, the Labour Commissioner, and the Conciliation Officer of the area concerned.

8.    Register of settlement.—The Conciliation Officer of\the area concerned shall file all settlements effected under this Act in respect of disputes in the area within his jurisdiction in a register maintained for the purpose as in Form 'B'.

Procedure for reference of industrial Disputes to Boards, Courts,
 Labour Courts or Industrial Tribunals

9.    Application.—An application under sub-section (2) of Section 10 for the reference of an industrial dispute to a Board, Court, Labour Court or Industrial Tribunal shall be made in Form 'C' and shall be delivered personally or forwarded by registered post in triplicate to the Secretary to Government, Uttar Pradesh, Labour (A) Department. The application shall be accompanied by a statement setting forth—
(a)  the parties to the dispute;
(b)  the specific matters in dispute;
(c)  the total number of working journalists employed in the undertaking effected;
(d)  an estimate of number of working journalists affected or likely to be affected by the distpute; and
(e) the efforts made by the parties themselves to adjust the dispute.

10.    Attestation of application.—The application and the statement accompanying it shall be signed—

(a) in the case of an employer, by the employer himself, or when the employer is an incorporated company or other body corporate, by the agent, manager or other principal officer of the corporation;

(b) in the case of working journalists either by the President and Secretary of a trade union of the working journalists, or by five representatives of the working journalists duly authorized in this behalf at a meeting of the working journalists held for the purpose.

11.  Notification of appointment of Board, Court, Labour Court or Tribunal.—The appointment of a Board, Court, Labour Court or Tribunal together with the names of persons constituting the Board, Court, Labour Court or Tribunal shall be notified in the official Gazette.

12.   Notice to parties to nominate representatives.—(1) If the State Government propose to appoint a Board, it shall send a notice in Form 'D' to the parties requiring them to nominate within a reasonable, time persons to represent them on the Board.

(2) The notice to the employer shall be sent to the employer personally, or if the employer is an incorporated company or a body corporate, to the agent, manager or other principal officer of such company or body.
 

(3)- The notice to the working journalists shall be sent—
(a)  in the case of working journalists who are members of a trade union, to the President or Secretary of the trade union, and
(b)  in the case of working journalists who are not members of a trade union, to any one working journalist who has attested the application made under Rule 10 and in this case a copy of the notice shall be sent to the employer who shall display copies thereof on notice boards in a conspicuous manner at the main entrance to the premises of the establishment.

13.   Arbitration agreement.—(1) An arbitration agreement for the reference of an industrial dispute to an arbitrator or arbitrators shall be made in Form 'E' and shall be delivered personally or forwarded by registered post in triplicate by both the parties either jointly or separately within two days of such an agreement to the Secretary to the Government, Uttar Pradesh, Labour (A) Department, Lucknow, the Labour Commissioner and the Conciliation Officer of the area concerned. The agreement shall be accompanied by the consent in writing of the arbitrator or arbitrators.

(2) The State Government shall, within fourteen days from the date of receipt of such copy of arbitration agreement, publish the same in the official Gazette.

2[14.  Attestation of arbitration agreement— The arbitration agreement shall be signed.—(a) In the case of an employer, by the employer himself, or when the employer is an incorporated company or other body corporate, by the agent, manager, or other principal officer of the corporation.

(b) In the case of working journalists, either by the President and Secretary of the trade union of the working journalists or by five representatives of the working journalists of the newspaper establishment authorised in this behalf by a majority of working journalists present at a meeting held for the purpose.]

Powers, procedure and duties of Boards, Courts, Labour Courts,
Tribunals and Arbitrators

2[15. Place and time of hearing.—The sittings of a Board, Court, Labour Court, Tribunal or an Arbitrator shall be held on such dates, time and places as the Chairman, or the Presiding Officer or the Arbitrator, as the case may be, may fix and the Chairman, Presiding Officer or Arbitrator as the case may be, shall inform the parties of the same in the manner laid down in Rules 21 and 22.]

16.    Quorum for Boards and Courts.—The quorum necessary to constitute a sitting of Board or Court shall be as follows :

Quorum

(i) In the case of a Board-

Where the number of members is three 2
Where the number of members is five 3

(ii) In the case of a Court—

Where the number of members is not more than two   1
Where the number of members is more than two but less than five   2
Where the number of members is five or more   3

17.    Administration of oath.—Any member of a Board, or Court or Presiding Officer of a Labour Court or Tribunal or an arbitrator may administer an oath.

18.    Evidence.—A Board, Court, Labour Court, Tribunal or an arbitrator may accept, admit or call for evidence at any stage of the proceedings before it/him and in such manner as it/he may think fit.

19.    Summons.—A summons issued by a Board, Court. Labour Court or Tribunal shall be in Form 'F' and may require any person to produce before it any books? papers or other documents and things in his possession nr under his control in any way relating to the matter under investigation or adjudication by die Board, Court or Tribunal which the Board, Court or Tribunal thinks necessary for the purpose of such investigation or adjudication.

20.    Description of parties in certain casesWhere in any proceeding before a Board, Court, Labour Court, Tribunal or an arbitrator, there are numerous persons arrayed on any side, such persons shall be described as follows—

(1)  all such persons as are members of any trade union or association shall be described by the name of such trade union or association; and

(2)  all such persons as are not members of any trade union or association shall be described in such manner as the Board, Court, Labour' Court, Tribunal or arbitrator, as the case may be, may determine.

21.    Service of summons or notice.—Any notice, summons, process or order issued by Board, Court, Labour Court, Tribunal or an arbitrator, may be served either personally or by registered post.

3[22. Manner of service in the case of numerous persons as parties to the dispute.—(1) Where there are numerous persons as parties to any proceeding before a Board, Court, Labour Court, Tribunal or an arbitrator arid such persons are members of any trade union or association, the service of notice, or summons, process or order on the Secretary, or where there is no Secretary, on principal of the union or association, shall be deemed to be service on such persons.

(2)  Where there are numerous persons as parties to any proceeding before a Board, Court, Labour Court, Tribunal or an arbitrator and such persons are not members of any trade union or association the Board, Court, Labour Court, Tribunal or arbitrator, as the case may be, shall, where personal service is not practicable, cause the service of any notice to be made by affixing the same at or near the main entrance of the establishment concerned.

(3)  A notice served in the manner specified in sub-rule (2) shall also be considered as sufficient in the case of such workmen as cannot be ascertained or found.]

23. Procedure at the first sitting.—At the first sitting of a Board, Courts a Labour Court or Tribunal, the Chairman or the Presiding Officer, as the case may be, shall call upon the parties in such order as he may think fit to state their case.

24. Information to be kept confidential.—All books, papers and other documents or things produced before a Board, Court, Labour Court or Tribunal, whether voluntarily or in pursuance of a summons may be inspected by the Board, Court, Labour Court or Tribunal and also by such parties as the Board, Court, Labour Court or Tribunal allows; but the information obtained therefrom shall not, except as provided in the Act, be made public; and such parts of the books, papers, documents or things as in the opinion of the Board, Court, Labour Court or Tribunal do not relate to the matters at issue may be sealed up.

4[25. Board, Labour Court, Tribunal or arbitrator may proceed exparte.—(1) If, on the date fixed in the summons or any other date to which the hearing may be adjourned, any party to the proceedings before die Board, Labour Court, Tribunal or an arbitrator, or his duly authorised representative, is absent though duly served with summons or having the notice of the date of hearing, the Board, Labour Court, Tribunal or the arbitrator as the case may be, may proceed with the case in his absence and pass such order as it may deem fit or proper.

(2) The Board, Labour Court, Tribunal or an arbitrator may set aside the order passed against the party in his absence, if within ten days of such order or within ten days of the date of the knowledge of such order the party applies in writing for setting aside such order and show sufficient cause for his absence such an application must be supported by an affidavit stating the cause of his absence. As many copies of the application and affidavit shall be filed by the party concerned as there are persons in the opposite side. Notice of the application shall be given to the opposite parties before setting aside the order.]

26. Power of entry and inspectionThe Presiding Officer of a Labour Court or a Tribunal or any other person authorized in writing by a Labour Court or Tribunal in this behalf may, for the purposes of any investigation, enquiry or adjudication entrusted to the Labour Court or Tribunal under the Act after he has given reasonable notice, enter any-building, factory, workshop or other place or premises whatsoever, and inspect the same or any work, machinery, appliance or article therein or interrogate any person therein in respect of anything situated therein or any matter relevant to the subject-matter of the investigation, enquiry or adjudication.

5[27. Powers of Boards, Courts, Labour Courts and Tribunals.—In addition to the powers conferred by the Act, Boards, Courts, Labour Courts and Tribunals shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely:

(a)  discovery and inspection;
(b)  granting of adjournment;
(c)  reception of evidence taken on affidavit;
(d) substitution of parties ;

and, the Board, Court, Labour Court or Tribunal may summon and examine suo motu. any person whose, evidence appears to it to be material and shall be deemed to be a civil court within the meaning of Sections 345 and 346 of the Code of Criminal Procedure, 1973.]

5[28. Assessors.—Where assessors are appointed to advise a Tribunal under sub-section (4) of Section 7-A or under sub-section (5) of Section. 11, the Court, Labour Court or Tribunal, as the case may be, shall, in relation to proceeding before it, obtain the advice of such assessors, but such advice shall not be binding on it.]

29.  Decision by majority.—All questions arising' for decision at any meeting of a Board or Court, save where the Court consists of one person, shall be decided by a majority of the votes of the members thereof (including the Chairman) present at the meeting. In the event of an equality of votes the Chairman shall also have a casting vote.

30.  Correction of errors.—The Labour Court, Tribunal or arbitrator may correct any clerical mistake or error arising from an accidental slip or omission in any award it/he issues.

31.    Right of representatives.—The representatives of the parties appearing before a Board, Court, Labour Court, Tribunal or an arbitrator shall have the right of examination, cross-examination and of addressing the Board, Court, Labour Court, Tribunal or arbitrator when an evidence has been called.

32.    Proceedings before a Board, Court, Labour Court or Tribunal.—The proceedings before a Board, Court, Labour Court Tribunal shall be held in public, provided that the Board, Court, Labour Court, or Tribunal may at any stage direct that any witness shall be examined or its proceedings shall be held in camera.

Remuneration of Arbitrators, Chairman and Members of
Courts, Presiding Officers of Labour Courts,
Tribunals, Assessors and Witnesses

33.    Travelling allowance.—The Chairman or a member of a Board or a Court, or an Assessor of a Labour Court or Tribunal, if a non-official, shall be entitled to draw travelling allowance, and halting allowance for any journey performed by him in connection with the performance of his duties at the rates admissible and subject to the conditions applicable to a Government servant of the first class, in the State.

34.    Expenses of witnesses.—(1) Every person who is summoned and duly attends or otherwise appears as a witness before a Labour Court or Tribunal or arbitrator shall be entitled to receive from the party concerned such allowances for expenses as subject to such general or special instructions, as may be given by the State Government from time to time, the Labour Court or Tribunal or arbitrator may determine.

(2) A Labour Court or Tribunal or arbitrator when summoning a witness at the request of a party may require the party to deposit expenses of tile witness in advance.

Representation of Parties

35.    Form of authority under Section 36.—The authority in favour of a person or persons to represent a working journalist or group of working journalists or an employer in any proceeding under the Act shall be in Form 'G'.

36.    Parties bound by acts of representatives.—A party appearing through a representative shall be bound by the acts of that representative.

6[37.  Recognition of protected workmen.—(1) A Union desirous of its officer or officers as "protected workmen", shall, before the first day of September every year, submit an application in Form "H" to the Registrar, Trade Unions, Uttar Pradesh, appointed by the State Government under the Trade Unions Act, 1976 (Act XVI of 1976)

(2)  On receipt of an application under sub-rule (1) or on his own initiative if no such application is received, the Registrar may, after making such inquiries as he may consider necessary, pass appropriate orders in the matter. Such order shall be communicated to the Union and the employer concerned and also to the Conciliation Officer of the area concerned.

(3)  The names of protected workmen recognized under sub-rule (2) above shall be entered in a Register in Form "I" to be maintained in the office of the Registrar. This Register can be inspected by any person on payment of a fee of rupee one during such hours as may be prescribed by the Registrar.

(4)  The recognition given to an officer under sub-rule (2) shall remain in force till the 30th day of September of the year following that in which the order giving such recognition is made.

(5)  If a vacancy occurs amongst the protected workmen by reason of any or such workmen having died or not remaining in service or for any other reason, the Union concerned shall within one month of the occurrence of such vacancy inform the Registrar of it. The Registrar may fill the vacancy after such enquiry as he considers necessary.]

38.    Distribution of protected workmen.—(1) The distribution of protected workmen. for an establishment amongst unions for the purposes of sub-section (4) of Section 33 of the Act shall be made by the Registrar of Trade Unions, Uttar Pradesh, in proportion to their membership „ and after such enquiries as he may consider necessary.

(2) For the up-to-date maintenance of the register in Form "I" the Registrar of Trade Unions, Uttar Pradesh, may hold such enquiries as may be necessary and pass suitable orders which shall be final and binding on the parties concerned.

39.    Notice of change.—Any employer intending to effect any change in the conditions of service applicable to any working journalist in respect of any matter specified in the Fourth Schedule shall give notice of such intention in Form "J"

40.    Manner of service of notice of change.—(1) Where there are numerous working journalists affected by a notice of change and the majority of such working journalists are members of any trade union the service of notice by registered post, on the Secretary or where there is no Secretary on the principal officer of the trade union, shall be deemed to be service on all such workmen. The employer shall, at the same time, arrange to exhibit the notice by affixing it to a notice board in the manner specified in sub-rule (2) provided that if the Secretary or the principal officer refuses to receive the notice or for any other reason the notice cannot be served on the Secretary or the principal officer in the ordinary way, the exhibition of the notice in the manner specified in sub-rule (2) shall be deemed to be service on all such working journalists.

(2)  Where there are numerous working journalists affected by a notice of change and the majority of such working journalists are not members of any trade union or association the employer shall, where personal service is not practicable cause the service of any such notice to be made by affixing the same to a notice board at or near the entrance or entrances of the establishment concerned and the notice shall remain so affixed for a period of twenty-one days. The notice shall be both in English and Hindi.

(3)  A copy of the notice shall simultaneously be forwarded by the employer to the Conciliation Officer of the area concerned and the Labour Commissioner.

41.  Complaint regarding change of conditions of service.—(1) A complaint under Section 33A of the Act shall be presented in triplicate in Form "K" and shall be accompanied by as many copies of the complaint as there are opposite parties to the complaint,

(2)  A complaint under sub-rule (1) shall be verified at the foot by the working journalists making it or by some other person proved to the satisfaction of the Labour Court or Tribunal to be acquainted with the facts of the case.

(3)  The person verifying shall specify by reference to the numbered paragraphs of the complaint, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.

(4) The verification shall be signed by the person making it and shall state the date on which and place at which it was signed.

42.    Application for permission under Section 33.—(1) An employer intending to obtain the express permission in writing of the Conciliation Officer, Board, Labour Court or Tribunal, as the case may be, under sub-section (1) or sub-section (3) of Section 33 shall present as an application in Form 'L', in triplicate to such Conciliation Officer, Board, Labour Court or Tribunal and shall file along with the application as many copies thereof as there are opposite parties.

(2) An employer seeking the approval of the Conciliation Officer, Board, Labour Court or Tribunal, as the case may be of any action taken by him under clause (a) or clause (b) of sub-section (2) of Section 33 shall present an application in Form "M", in triplicate to such Conciliation Officer, Board, Labour Court or Tribunal and shall file along with the application as many copies thereof as there as opposite parties.

(3) Every application under sub-rule (1) or sub-rule (2) shall be verified at the foot by the employer making it or by some other person proved to the satisfaction of the Conciliation Officer, Board, Labour Court or Tribunal to be acquainted with the facts of the case.

(4) The person verifying shall specify, by reference to the numbered paragraphs of the application what he verifies of his own knowledge and what he verifies upon information received and believed to be true.

(5) The verification shall be signed by the person making it and shall state the date on which and the place at which it was verified.

43.   Application for recovery of dues.—An application under Section 33C shall be in Form "N" and shall be delivered personally or forwarded by registered post in triplicate to the Secretary to Government, U. P. Labour (A) Department, Lucknow and to the Labour Commissioner.

44.   Procedure for computing many value of benefit.—(1) Where the State Government has specified a Labour Court for the purposes of computing the money value of a benefit, under sub-section (2) of Section 33C the Labour Court may, by an order in writing, appoint a Commissioner for such computation and ask the Commissioner to report to the Labour Court within such time as may be specified in the order :

Provided that the Labour Court may, either on its own motion or on an application made to it by the Commissioner grant extension of time for submission of the report by the Commissioner.

(2) The Commissioner shall be paid such fees, if any, as may be specified by the Labour Court in the order appointing the Commissioner and the amount of fee so fixed shall be recoverable from such party as the Court may direct. The party concerned shall in that case deposit the amount within a specified time with the Labour Court for deposit into the nearest treasury. The Commissioner shall not issue until the amount of fees is deposited with the Labour Court by the party concerned :

Provided that the party concerned may, from time to time, be directed by the Labour Court for deposit of further amounts, if any :

Provided further that the Labour Court may, in its direction, extend the time for depositing the sum by the party concerned.

(3) The Labour Court may direct that the fees shall be disbursed to the Commissioner in such instalments and on such dates as it may think fit.

(4) The undisbursed balance, if any, of the sum deposited shall be refunded to the party which deposited the sum.

45.  Notice of retrenchment.—(1) If any employer retrenches or intends to retrench any working journalist employed in his establishment who has been in continuous service under him for not less than one year, he shall give a notice of such retrenchment in Form "O" to the Secretary to Government, U. P. Labour (A) Department, Lucknow, by registered post, in the following manner :

(a)   Where a notice as required in clause (a) of Section 25F is given to the working journalist, notice of retrenchment snail be sent on the same day on which notice is given to the working journalist.

(b)   Where wages are paid to the working journalist in lieu of notice, on the same date on which such wages are paid to the working journalist.

(c)   Where retrenchment is carried out under any agreement which, specifies a date for the termination of service, notice of retrenchment be sent shall so as to reach the Secretary to Government, U.P., Labour (A) Department, Lucknow, at least one month before such date :

Provided that if the date for termination of service agreed upon is within 30 days of the agreement, the notice of retrenchment shall be sent to State Government within three days of the agreement.

(2) A copy of the notice referred to in sub-rule (1) above shall likewise be sent to the Labour Commissioner and the Conciliation Officer of the area concerned.

46.   Maintenance of a seniority list of retrenched working journalists.—The employer shall prepare a list of the working journalists to be retrenched by him separately in respect of each grade or class, as the case may be, arranged according to the seniority of their service in the grade or class and cause a copy thereof to be posted on a notice board in conspicuous place in the premises of the establishment at least seven days before the date of retrenchment.

47.    Re-employment of retrenched working journalists.—(1) At least ten days before the date on which any vacancies are to be filed in his establishment, an employer shall arrange for the display on a notice board in a conspicuous place in the premises of the establishment details of those vacancies and shall also send intimation thereof to every one of the retrenched working journalists eligible to be considered thereof

Provided that where the number of such vacancies is less than the number of the retrenched working journalists it shall be sufficient if intimation is sent by the employer to such number of eligible working journalists having due regard to their seniority, as is not less then double the number of the vacancies :

Provided also that if a retrenched working journalist does not offer himself for re-employment in spite of having received such intimation, the employer may not intimate to him the vacancies that may be filled on any subsequent occasion :

Provided further that where the vacancy is of a duration of less than one month there shall be no obligation on the employer to send intimation of such a vacancy to individual retrenched working journalists.

(2) Unless there are good reasons the contrary, an employer shall re-employ retrenched working journalists in order of their seniority as shown in the list maintained under Rule 46.

7[48.  Copies of awards or other documents of a Labour Court, Tribunal or an Arbitrator.—(1) A party to dispute may, at any stage of the case, obtain a copy of the records of the case or any portion thereof, including the exhibits finally accepted in evidence, but excluding awards before their publication, confidential documents and office notes.

(2) A person other than a party to the suit, may also on application obtain after publication of an award a copy of the award or any document on the record of the case, except confidential documents and office notes.

(3) Every such copy before it is issued shall be examined and certified as true copy by the office of the Labour Court or Tribunal.

No copy shall be so certified unless it is prepared in either of these two offices.

(4) Within fifteen days of submission of arbitration award to the State Government arbitrators shall send all papers, records, documents and files relating to the arbitration proceedings and also the original copy of the arbitration award to the Labour Court or Tribunal which has otherwise jurisdiction over the industrial dispute.

(5) An application for copies of awards or other documents shall be presented between 11 a.m. and 12 noon on any working day in Form "P" to the Labour Court or Tribunal concerned, or in the case of an arbitration award of documents relating thereto, to the Labour Court or the Registrar of the Tribunal which has otherwise jurisdiction over the dispute.

(6)(i) On receipt of an application for a copy the Head-Clerk or Clerk concerned, shall inform the applicant of the amount of fees payable and that his application will not be considered complete and the preparation of the copy will not be commenced, until he has deposited the said amount.

(ii) The receipts on account of copying and certifying fees shall be credited to the head of account specified by the State Government in this behalf.

(7) If owing to insufficient or incorrect description the document of which a copy is sought cannot be traced that fact shall be endorsed on the application which shall be submitted to the Presiding Officer of the Labour Court or Tribunal concerned.

(8)  If the estimated amount of fees is not deposited within seven days of its being notified to the applicant, the application for copy shall be rejected.

(9)  If an application has been rejected under sub-rule (7) above and copy is still required, a fresh application must be presented and the same will be dealt with in the manner prescribed, as though the original application had not been made.

(10) If and when it is ascertained that additional fees are necessary, the amount thereof shall be immediately notified to the applicant, and shall be deposited within seven days of the receipt of the notice.

(11)  The copies shall be prepared in strict order of priority and where it is proposed to make any departure for any special reason, prior sanction of the Presiding Officer of the Labour Court or Tribunal or the Arbitrator shall be obtained.

(12)  In ordinary circumstances a copy may be furnished up to 1 p.m. on the third day after the necessary fee, or additional fee, has been paid.

(13)  If the applicant furnishes his address accompanied by sufficient amount (in cash) to cover the cost of registration (acknowledgment due) a copy may be sent to him by post.

(14) When a copy is granted, the following particulars shall be recorded on the back of the copy :

(i) Date of application for copy.
(ii) Date of notifying the fee payable.
(iii) Date of deposit of the fee.
(iv) Date of making over the copy to the applicant.

(15) A register shall be maintained in respect of applications for copies in Form 'Q' and shall be daily checked by the Presiding Officer of the Labour Court or Tribunal or any other person authorized by him in this behalf.

(16)  Fees for making a copy of an award of a Labour Court, Tribunal or Arbitrator or any document filed in any proceeding before a Labour Court, Tribunals or an Arbitrator shall be charged as follows :

(a)   for the first 200 words or less, 75 Naye Paise ;

(b)   for every additional 100-words or fraction thereof, 38 Naye paise :

Provided that where an award or document exceeds five pages, the appropriate number of words per page shall be taken as basis for calculating the total number of words, to the nearest hundred for the purpose of assessing the copying fee :

Provided further that if a party applies for urgent delivery of a copy of any such award or document, an additional fee equal to the fee leviable under this rule shall be payable by such party and such copy shall be delivered on the same day or by 1.00 p.m. next day.]

49. Any breach of these rules shall be punishable with fine not exceeding fifty rupees.

SCHEDULE

FORM A

 [See Rule 5 (ii)]

Form for Memorandum of Settlement

Name of parties—
Representing employer (s) :
Representing workmen :

Short recital of the case.
Terms of settlement
Signature of the parties.

Witnesses—

(1) ....................
(2)  ...................

*Signature of Conciliation Officer / Board of Conciliation

Copy to : (l) Conciliation Officer...................................(Here enter the office address of the Conciliation Officer in the local area concerned)

(2) Labour Commissioner, U. P., P. B. No. 220, Kanpur.

(3) The Secretary to the Government of U. P., Labour (A) Department, Vidhan Bhawan, Lucknow.

*In case of settlement effected by Conciliation Officer / Board of Conciliation

† In case where settlement are arrived at between the employer and his workmen otherwise than in the course of conciliation proceeding.

FORM B

[See Rule 8]

Register—Part I

Serial no.

Industry

Parties to the settlement

Date of settlement

Remarks*

 

*Whether the settlement was effected as the intervention of the conciliation machinery or by mutual negotiations between the parties, may be indicated here.

Part II

Should contain one copy each of the settlements in the serial order indicated in Part I

FORM C

[See Rule 9]

Form of application for the reference of an industrial dispute to a Board of Conciliation. Court of Enquiry under Section 10(2) of the Industrial Disputes Act, 1947

Labour Court / Tribunal

Whereas an industrial dispute is apprehended between / exists and it is expedient

that  the matter specified in the enclosed statement / to the dispute, investigation and settlement which are connected with or relevant

the dispute should be before for enquiry by a Court of Enquiry / a Labour Court / a Tribunal an application is

that the said matter / said disputes should be referred to for adjudication

 This application is made by the undersigned who have/has been duly authorized to do so by virtue of a resolution (copy enclosed,) adopted by a majority of members present at a meeting of the...........................held on the........19..........

A statement giving the particulars required under Rule 9 of the U. P. Working Journalists (Industrial Disputes) Rules, 1957, attached.

Dated.....................

(Signature of the applicants)

To

        The Secretary to the Government of U. P.

               Labour (A) Department,

                         Lucknow.

Statement required under Rule 9 of the Working Journalists (Industrial Disputes) Rules, 1957, to accompany the form of application prescribed under sub-section (2) of Section 10 of the Industrial Disputes Act, 1947:

(a)   Parties to the dispute including the name and address of the establishment or undertaking involved.

(b)   Specific matters in dispute.

(c) Total number of Working Journalists employed in the undertaking affected.

(d) Estimated number of Working Journalists affected or likely to be affected by the disputes.

(e) Efforts made by the parties themselves to adjust the dispute.

FORM D
[See Rule 12]

Whereas an industrial dispute has arisen/is apprehended between..................and..................and it is expedient to refer the said dispute under Section 10 of tie 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 (s) and address (e s) 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 State Government will select and appoint such, person (s) as it thinks fit to represent you.

FORM E
[See Rule 13]
Agreement
(Under Section 10A of the Industrial Disputes Act, 1947)
Between

Names of parties:
Representing employers:
Representing Working Journalists:

It is hereby agreed between the parties to refer the following industrial dispute to the arbitration of.......................'...........................

[here specify the name (s) and address (e s) of the arbitrator (s)] :

(i) Specific 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 Working Journalists in question.

(iv) Total number of Working Journalists employed in the undertaking affected.

(v) Estimated number of Working Journalists affected or likely to be affected by the dispute.

*We further agree that the majority decision of the arbitrators shall be binding on us.
Witnesses
—

(1) ....................

(2)....................

Signature of the parties.

Representing employers.

Representing Working Journalists.

Copy to—

(i) The Concitliation Officer (here enter office address of the Conciliation Officer in local area concerned).

(ii) The Labour Commissioner, U. P., P. 3. No. 220, Kanpur.

(iii) The Secretary to the Government of U. P., Labour (A) Department, Lucknow.

*Where applicable

FORM F
 [See Ruie 19]

Whereas an industrial dispute between...... ...........and................,.....

has been referred to this  / Board of Conciliation for investigation and settlements Court of enquiry for investigation / Labour Court/Tribunal for adjudication                    

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 Court/Labour Court/Tribunal in peison 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 possesion or under your control in any way relating to the matter under investigation by this Board/Court/Labour Court/Tribunal.

Dated................

Board of Conciliation

Chairman Secretary------------------------------

Court of Enquiry/Labour Court

Presiding Officer/'Secretary----------------------

Tribunal

FORM G
[See Rule 85]

Before......................(here mention the authority concerned).
Reference No..............................of....................................................Working Journalists.
virsus
.................................................Employer.
In the matter of..........I/we hereby authorize Sri/Sarvsri......................to represent me/us in the above matter.

Dated this................day of..............19

Signature of person (s) nominating the representative {s).

Address.

Accepted.

Signature of representative (s).

Address.

FORM H
[See Rule 37(1)]
Application for recognition of protected workmen

To

The Registrar of Trade Unions,

Uttar Pradesh,

Kanpur.

Sir,

In the meeting of the Executive Committee of-------------------------------------------------

(Name and address of union)

Registration Certificate "No..........held on.................the following members of the Executive who are employed as Working Journalists of---------------------------------------------------

(Name and address of establishment)

have been approved for being recommended for registration as "protected workmen" for a period of one year with effect from......................................The Union, therefore, requests you kindly to convey your orders to the undersigned in this matter at your earliest convenience:

Particulars of Officers

Name with father's

name-

Name of establishment in which employed

Name of department, designation and ticket
number

Date of

executive

meeting

when

selected

Local

postal

address

Period for which subscription paid last

with

date

Signature of 
L. T. I.

Remarks

 

Yours faithfully,

(Principal Secretary).

FORM I
[See Rule 37(3)]
 Register of protected workmen

Name and address of establishment*

Name of protected workman with father's name

Department, designation and ticket or token number

Local postal address

Name of union of which he is an Officer

Date of meeting of the executive committee of the union in which his name was approved as protected workman

Reference of Registrar's order by which recognized

Remarks

 

*There should be one or more separate pages for one particular establishment.

FORM J
[See Rule 39]
 Notice of Change to be given by an Employer

Name of employer............................Address.........................

Dated the..................day of*..................19 .

To

The Secretary/Principal Officer of the Union/Association / The Working Journalist/Working Journalists Affected Dear Sir/Madam,

In accordance with Section 9-A of the Industrial Disputes Act, 1947 I/we beg to inform you that it is my/our intention to effect the change/changes specified in the Annexure to this letter with effect from......................

Yours faithfully,

Signature....................
Name...........................
Designation.................

(Here specify the change/changes intended to be effected.)

FORM K
[See Rule 41]
Tribunal
Before the. ...........
Labour Court

Complaint under Section 33-A of the Industrial Disputes Act, 1947

A............................Complainant (s).

Address:

versus

B..........................Opposite-party) (ies).

Address:

In the matter of Reference no ..........................................................................

The petitioner (s) begs/beg to complain that the opposite-party (i e s) has/have been guilty of a contravention of the provisions of Section 33 of the Industrial Disputes Act, 1947 (XIV of 1947) as shown below:

(Here set out briefly the particulars showing the manner in which the alleged contravention has taken place and the ground on which the order or act of the management is challenged.)

The complainant (s) accordingly prays/pray that the

Labour 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.

Tribunal—

The number of copies of the complaint and its annexures required under Rule 41 of the U. P. Working Journalists (Industrial Disputes) Rules, 1957, are submitted herewith.

Dated this___..............day of..............19 .

Verification

I 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-impression
 of the person verifying.

FORM L
[See Rule 42(i)]
Before (here mention the Conciliation Officer, Board, Labour Court or Tribunal).
sub-section (1)
Application for permission under......................................................................................of Section
sub-section (3)
Disputes Act, 1947 (XIV of 1.947), in the matter of Reference no..................

A..............................Applicant,

versus

B............................Opposite-party (i e s).

Address (e s).

The abovementioned applicant begs to state as follows:

[Here mention the action specified in clause (a) or clause (b) of sub-section (1) ground 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) or clause (b) of sub-section (1) / sub-section (3) of Section 33].

Dated 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 M
[Set Rule 42(2)]
Before (here mention the Conciliation Officer, Board, Labour Court or Tribunal).
 Application under sub-section (2) of Section 33 of the Industrial Disputes Act 1947 (XIV of 1947), in the matter of Reference No........................................
 

A................................Applicant
 

versus

B............................. .Opposite-party.

Address (e s).

The above-mentioned applicant begs to state as follows:

(Here set out the relevant facts and circumstances of the case)

*The Working Journalist/Working Journalists discharged/dismissed under clause (4) of sub-section (2) of Section 33 has/have been paid wages for one month.

The applicant prays that the Conciliation Officer/Board/Labour Court/Tribunal may be pleased to approve of the action taken, namely:

[Here mention the action taken under clause (a) or clause (6) of sub-section (2) of Section 33.]

Signature of the applicant.

Dated 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)......................................

•Delete, if not applicable.

FORM N
[See Rule 43]
Application under Section 33-C of the Industrial Disputes Act, 1947

To

the Secretary to Government

Uttar Pradesh,

Labour (A) Department, Lucknow.

Dated......................19

Sir,

  I/We......................am/are entitled to receive a sum of Rs....................(in figures and words) from..........(name and full address of the employer) under an award of the Labour Court/Tribunal, arbitration award in case No..........of 19.----- under a settlement, dated......................under Section 25-C/25-F of the Industrial Disputes Act, 1947. Details of the money due are given below :
      (Here indicate details and particulars of the amount due).
      It is, therefore, requested that the above amount may kindly be recovered from the employer (s) under Section 33-C of the Act, and paid to me/us.

Yours faithfully,

Signature or thumb-impression

of the applicant (s).

Full address.................

FORM O

[See Rule 45]

Form of notice of retrenchment to be given by an employer under clause (c) of Section 2SF of the Industrial Disputes Act, 1947.

Name of employer......................, address.........................dated the........................day of..................,19 .

To

The Secretary to Government,

Uttar Pradesh,

Labour (A) Department, Lucknow.

Sir,

Under clause (c) of Section 25F of the Industrial Disputes Act, 1947 (XIV of 1947) I/we hereby inform you that I/we have decided to retrench*...................... Working Journalists with effect from ......................for the reasons explained in the Annexe.

2.    The Working Journalists concerned were given on  .................................'six months' notice (in case of an editor)/three months' notice (in case of any other Working Journalist) in writing as required under clause (a) of Section 25F of the Industrial Disputes Act/Retrenchment is being effected in pursuance of an agreement a copy of which is enclosed/the Working Journalists were given on the............:.19 , six months' pay/three months' pay in lieu of notice, as required under clause (a) of Section 25F of that Act, read with Section 3(2) of the Working' Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955).

3.    The total number of Working Journalists employed in the industrial establishment and the total number of those who will be affected by the retrenchment is given below:

Category or designation of working journalists to be retrenched

Number of Working Journalists

Employed

To be retrenched

1

2

3

     


 

4. I/We hereby declare that the Working Journalist/Working Journalists concerned has/have been/will be paid compensation due to them under Section 25F of the Act on

Yours faithfully,

*Here insert the number of Working Journalists.

 Here insert the date.

ANNEXE
STATEMENT OF REASONS

Copy to (1) Conciliation Officer (Here enter office address of the Conciliation Officer in local area concerned).

(2) Labour Commissioner, UP., Post Box No. 220, Kanpur.

FORM P

[See Rule 48(4)]

Application for urgent/ordinary copy of award/document in case No.. of 19 in the matter of an industrial dispute between the concern/concerns known as .............and its/their workmen.

To
The Presiding, Officer, Labour Court/Registrar, Industrial Tribunal Serial No.

Description of document of which a copy is wanted with date when necessary................. Application is made by...............the undersigned for a copy/certified copy of the marginally-noted documents from the Labour Court's/Industrial Tribunal's file in the above case which was disposed of on........................
Date......................... Signature of Applicant

Office Report

The copy will cover................................

sheets.

Estimate of costs.
Applicant's Signature
..................................................

Record received on.............................

Copy will be ready on.............................
.................................................................

Copy delivered on...................................

...............................................................

Serial no.................................

Received an application for certified copy bearing the above No. Estimated cost Rs............................n P.

.

To attend for copy on................................

Heard Clerk.

Received on.....................................

.................................................................

Applicant

FORM Q.

[See Rule 48(15)]

Register of Applications for copies of awards and of other documents

Sl.
No.

Date of receipt
of application

Name of applicant

Description of award or document

Copying
fee assessed

Certifying
fee assessed

Receipt
number
and date
of payment
of fees

Copy delivered on

 Remarks

1

2

3

4

5

6

7

8

9

 

NOTIFICATIONS

(1)
English Translation of Shrama Vibhag, Noti. No. 5513(ST)IXXXVI-
A—137(ST)-69, dated November 24, 1971, published in U. P.
Gazette, Part I, dated 4th December, 1971, p. 6984

In exercise of the powers under Section 39 of the Industrial Disputes Act, 1947 (Act No. XIV of 1947), the Governor is pleased to direct that the powers exercisable by the State Government under Section 33-G of the said Act shall be exercisable also by the Labour Commissioner, Uttar Pradesh, Regional Deputy Labour Commissioners, Uttar Pradesh/Regional Assistant Labour Commissioners, Uttar Pradesh.

(2)
English Translation of Shram Anubhag-1, Noti. No. 1814{ST) j XXXVI-l—
12/(ST)-76, dated March 12, 1976, published in U. P. Gazette. Extra.,
dated 12th March, 1976, p. 1

In exercise of the powers under Section 39 of Industrial Disputes Act, 1947 (Act No. XIV of 1947), the Governor is pleased to specify the Labour Commissioner, Uttar Pradesh as the authority:—

(i) to whom an application may be made under sub-section (2) of Section 25-M, and who can grant permission to lay-off under subsection (1) of the said section, and

(ii) to whom an application may be made under sub-section (4) of Section 25N and who can grant permission for retrenchment under clause (c) of sub-section (1) of the said Section 25-N -and

(iii) to whom any dispute referred to in sub-section (7) of Section 25-N may be transferred, by the State Government.

(3)
English Translation of Shram Anubhag-1, Noii. No. 3129{ST)
j/XXXVI-I~-622(ST)-74, dated November 1, 1976, published
in U. P. Gazette, Extra., dated 1st November, 1976, p. 1

In exercise of the powers under Section 39 of the Industrial Disputes Act, 1947 (Act No. 14 of 1947), the Governor is pleased to direct that the powers exercisable by the State Government under Section 11(7) of the said Act shall be exercisable also by the Labour Commissioner, Uttar Pradesh, the Regional Deputy Labour Commissioners and Regional Assistant Labour Commissioners, in their respective regions.

(4)
English Translation of Shram Vibhag, Anubhag-2, Noti. No. 1565(HI)/
XXXVI-2—24{DT)-78, dated May 8, 1978, published in U. P.
Gazette, Part I, dated 27th May, 1978, p. 1135

In exercise of the powers under Section 39 of the Industrial Disputes Act, 1947 (Act No. 14 of 1947), the Governor is pleased to direct that the power exercisable by the State Government under Section 34 of the said Act shall be exercisable also by the Labour Commissioner, Uttar Pradesh.

(5)
English Translation of Shram Anubhag-2, Noti. No. 21 It {HI) f XXXVI-
2~2t{21DT)-78! dated April 9, 1979, published in U. P. Gazette,
Part I, dated 19th May, 1979, p. 1545

In exercise of the powers under Section 39 of the Industrial Disputes Act, )947 (Act No. 14 of 1947), and in continuation of Government Notification No. i565(HI)/XXXVI-2, dated May 8, 1978, the Governor is pleased to direct chat the power exercisable by the State Government under Section 34 of the said Act shall also be exercisable by the Additional Labour Commissioners posted at the headquarters of the Labour Commissioner, Uttar Pradesh in respect of the whole of Uttar Pradesh and by the Regional Additional-Labour Commissioner, Kanpur Region Kanpur in respect of the Kanpur Region.

(6)
English translation of Shram Vibhog, Anubhag-2, Noti. No. 5730'HI) i
XXXVI-2-24{D.T.)-78, dated February 10, 1983, published in
U. P. Gazelle, Part 1, dated 26th March, 1983, pp. 756-57

In exercise of the power under Section 39 of the Industrial Disputes Act, 1947 (Act No. XIV of 1947) read with Section 21 of the General Clauses Act, 1897 (Act No. X of 1897) and in supersession of Government Notification No. 968(HI)/XXXVI-2—24(DT)-78, dated December 6, 1982, the Governor is pleased to direct that the powers, exercisable by the State Government under Section 34 of the said Act shall also be exercisable by the officers mentioned in Column 2 of the Schedule given below in respect of the area noted against their names in Column 3 thereof:

Schedule

Sl. No.

Particulars of Officers

Area of Jurisdiction

1

2

3

1.

Labour Commissioner, Uttar Pradesh Kanpur.

Whole of Uttar Pradesh.

2.

Additional Labour Commissioner
I. R.), Uttar Pradesh, Kanpur.

Ditto.

3.

Deputy Labour Commissioner
(I. R.), Uttar Pradesh, Kanpur.

Ditto.

4.

Regional Additional/Deputy Labour Commissioner, Kanpur Region, Kanpur.

Kanpur Region comprising Kanpur Shahar, Kanpur Dehat,  Etawah  aud  Farrukhabad districts.

5.

Regional Deputy/Assistant Labour Commissioner, Allahabad Region, Allahabad.

Allahabad Region comprising Allahabad and Fatehpur districts.

6.

Regional Deputy/Assistant Labour Commissioner, Agra Regio                 nl, Agra.

Agra Region comprising Agra, Aligarh, Etawah, Mainpura and Mathura districts.

7.

Regional Deputy/Assistant Labour Commissioner, Meerut Region, Meerut.

Meerut Region comprising Meerut, Muzaffarnagar and Saharanpur districts.

8.

Regional Deputy/Assistant Labour Commissioner Gorakhpur Region, Gorakhpur.

Gorakhpur Region comprising Gorakhpur, Basti, Deoria and Azamgarh districts.

9.

Regional Deputy/Assistant Labour Commissioner, Luck-now Region, Lucknow.

Lucknow Region comprising Lucknow, Hardoi, Kheri, Rae Bareli, Sitapur, Unnao arid Faizabad Region comprising Faizabad,, Bahraich, Bara Banki, Gonda, Pratapgarh and Sultanpur districts.

10.

Regional Deputy/Assistant Labour Commissioner, Bareilly Region, Bareilly.

Bareilly Region comprising Bareilly, Budaun, Pilibhit, Shahjahanpur and Moradabad Region comprising Moradabad, Rampur and Bijnor districts.

11.

Regional Deputy/Assistant Labour Commissioner, - Garhwal Region, Dehra Dun.

Garhwal Region comprising Dehra Dun, Chamoli, Garhwal (Pauri), Tehri Garhwal and Uttar Kashi districts.

12.

Regional Deputy/Assistant Labour Commissioner, Ghazi-abad Region, Ghaziabad.

Ghaziabad Region" comprising Ghaziabad and Bulandshahr districts.

13.

Regional Deputy/Assistant Labour Commissioner, Kumaon Region, Haldwani, district Naini Tal.

Kumaon Region comprising Naini Tal, Almora and Pithoragarh districts.

14.

Regional Deputy/Assistant Labour Commissioner, Varanasi Region, Varanasi.

Varanasi Region comprising Varanasi, Ghazipur, Ballia and Jaunpur districts.

15.

Regional Deputy/Assistant Labour Commissioner, Jhansi Region, Jhansi.

Jhansi Region comprising Jhansi, Lalitpur, Banda, Hamirpur and  districts

16.

Regional Deputy/Assistant Labour Commissioner, Faizabad Region, Faizabad.

Faizabad Region comprising Faizabad, Bahraich, Bara Banki, Gonda, Pratapgarh and Sultanpur

17.

Regional Deputy/Assistant Labour Commissioner, Moradabad Region, Moradabad,

Moradabad Region comprising Moradabad, Rampur and Bijnojr districts.

18.

Regional Deputy/Assistant Labour Commissioner, Mirzapur Region, Mirzapur.

Mirzapur Region comprising Mirzapur district.

(7)

English translation of Shram Anubhag-1, Noti. No. 831/XXXVI—l-1031(ST)-84,
dated February 6, 1990, published in the U. P. Gazette, Extra., Part 4, Section
(kha), dated 6th February, 1990, pp. 3-5 [W]

In exercise of the powers under Section 4 of the Industrial Disputes Act, 1947 (Act No. 14 of 1947) read with Section 21 of the General Clauses Act, 1897 (Act No. 10 of 1897) and in supersession of Government notification No. 899-(ST)XXXVI—1-103 l (ST)/84 dated May 18,1985, the Governor is pleased to appoint the officers mentioned in Column 2 as Conciliation Officers to be charged with the duty of mediating in and performing the settlement of Industrial Disputes in the area specified against their names in Column 3 of the Schedule below :

SCHEDULE

Sl.
No.

Officers

Specified Area

1

2

3

1

Labour Commissioner, Uttar Pradesh, Kanpur

Whole of Uttar Pradesh,

2

All Additional Labour Commissioners and Deputy Labour Commissioners appointed in the Office of Labour Commissioner, Uttar Pradesh, Kanpur

Ditto.

3

Deputy Registrar/Assistant Registrars, Trade Unions Uttar Pradesh

Ditto.

4

All Trade Union Inspectors, Uttar Pradesh

Ditto.

5

All Assistant Labour Commissioners, appointed in the Office of Labour Commissioner, Uttar Pradesh, Kanpur

Ditto.

6

Senior Research Officer, Uttar Pradesh

Ditto.

7

Deputy Chief Inspector of Shop and Commercial Establishment, Uttar Pradesh

Ditto.

8

Standing Orders Officer, Uttar Pradesh

Ditto.

9

Union Vikas Officer, Uttar Pradesh

Ditto.

10

Production Officer, Uttar Pradesh

Ditto.

11

Regional Additional and Deputy Labour Commissioner, Kanpur Region, Kanpur

Kanpur Region comprising the districts of Kanpur Shahr, Kanpur Dehat, Etawah, Farrukhabad and Unnao.

12

All Assistant Labour Commissioners, Kanpur Region

Ditto.

13

Regional Deputy Labour Commissioner, Allahabad Region, Allahabad

Allahabad Region comprising the districts of Allahabad, Pratapgarh and Fatehpur.

14

All Assistant Labour Commissioners, Allahabad Region

Ditto.

15

Regional Deputy Labour Commissioner, Meerut Region, Meerut

Meerut Region comprising the districts of Meerut Muzaffarnagar, Haridwar and Saharanpur.

16

All Assistant Labour Commissioners, Meerut Region

Ditto.

17

Regional Deputy Labour Commissioner, Agra Region, Agra

Agra Region comprising the districts of Agra, Aligarh, Mathura, Mainpuri, Firozabad and Etah.

18

All Assistant Labour Cor 02missioners, Agra Region

Ditto.

19

Regional Deputy Labour Commit, ;ioner, Bareilly Region, Bareilly

Bareilly Region comprising the districts of Bareilly, Budaun, Pilibhit and ShaHahanpur.

20

All Assistant Labour Commissioners, Bareilly Region

Ditto.

21

Regional Deputy Labour Commissioner, Lucknow Region, Lucknow

Lucknow Region comprising the districts of Lucknow, Hardoi, Kheri (Lakhimpur), Rae Bareli and Sitapur.

22

All Assistant Labour Commissioners, Lucknow Region

Ditto.

23

Regional Deputy Labour Commissioner, Gorakhpur Region, Gorakhpur

Gorakhpur Region comprising the districts of Gorakhpur Maharajganj, Basti, Siddarth Nagar, Deoria, Azamgarh and Mau.

24

All Assistant Labour Commissioners, Gorakhpur Region

Ditto.

25

Regional Additional and Deputy Labour Commissioner, Ghaziabad Region, Ghaziabad

Ghaziabad Region comprising the districts of Ghaziabad and Bulandshahr.

26

All Assistant Labour Commissioners, Ghaziabad Region

Ditto.

27

Regional Deputy Labour Commissioner, Garhwal Region, Dehra Dun

Garhwal Region comprising the districts of Dehra Dun, Chamoli, Garhwal (Pauri), Tehri Garhwal and Uttarkashi.

28

All Assistant Labour Commissioners, Garhwal Region

Ditto.

29

Regional Deputy Labour Commissioners, Kumaun Region, Haldwani

Kumaun Region comprising the districts of Naini Tal, Almora and Pithoragarh.

30

All Assistant Labour Commissioners, Kumaun Region.

Ditto.

31

Regional Additional and Deputy Labour Commissioners, Varanasi Region, Varanasi

Varanasi Region comprising the districts of Varanasi, Ghazipur, Ballia and Jaunpur.

32

All Assistant Labour Commissioners, Varanasi Region

Ditto.

33

Regional Deputy Labour Commissioner, Moradabad Region, Rampur

Moradabad Region comprising the districts of Moradabad, Rampur and Bijnor.

34

All Assistant Labour Commissioners, Moradabad Region

Ditto.

35

Regional Deputy Labour Commissioner, Faizabad Region, Faizabad

Faizabad Region comprising the districts of Faizabad, Bahraich, Barabanki, Gonda and Sultanpur,

36

All Assistant Labour Commissioners, Faizabad Region

Ditto.

37

Regional Deputy Labour Commissioner, Jhansi Region, Jhansi

Jhansi Region comprising the districts of Jhansi, Lalitpur, Banda, Hamirpur and Jalaun.

38

All Assistant Labour Commissioners, Jhansi Region

Ditto.

39

Regional Deputy Labour Commissioner, (Pipri) (Sonbhadra) Mirzapur Region

Mirzapur Region comprising tne districts of Mirzapur and Sonbhadra.

40

All Assistant Labour Commissioners, Mirzapur Region

Ditto

(8)

English Translation of Shram Anubhag-2, Noti. No. 7356<HI)/XXXVt-2-59(DT)-
88, dated March 30, 1990, published in the U.P. Gazette, Extra., Part-4, Section
(kha), dated 30th March, 1990, pp. 2-3 [W]

In exercise of the powers under sub-section (1) of Section 25-M and clause (c) of sub-section (1) of Section 25-N of the Industrial Disputes Act, 1947 (Act No. 14 of 1947), read with Section 21 of the General Clauses Act, 1897 (Act No. 10 of 1897), and in supersession of notification No. 5081(HI)/XXXVI-2—12(DT)-76, dated February 16, 1983 the Governor is pleased to specify the officers mentioned in Column 2 below to exercise powers as such authority within the areas noted against their names in column 3 below :

Sl.
No.

Particulars of officers

Area of Jurisdiction

1

2

3

1

Additional Labour Commissioner (I. R.), Uttar Pradesh, Kanpur

Whole of Uttar Pradesh.

2

Additional Labour Commissioner, Kanpur Region, Kanpur

Districts of Kanpur  Nagar, Kanpur Dehat, Unnao, Etawah and Farrukhabad.

3

Deputy Labour Commissioner, Agra Region, Agra.

Districts of Agra, Aligarh, Etah, Mainpuri, Mathura and Ferozabad.

4

Deputy Labour Commissioner, Bareilly Region, Bareilly.

Districts of Bareilly, Badaun, Pilibhit and Shahjahanpur.

5

Deputy Labour Commissioner, Lucknow Region, Lucknow.

Districts of Lucknow, Hardoi, Kheri, Rae Bareli and Sitapur.

6

Deputy Labour Commissioner, Gorakhpur Region, Gorakhpur.

Districts of Gorakhpur, Basti, Deoria, Azamgarh, Mau, Maharajganj and Siddharthnagar.

7

Deputy Labour Commissioner, Allahabad Region, Allahabad

Districts of Allahabad, Pratapgarh and Fatehpur.

8

Deputy Labour Commissioner Meerut Region, Meerut

Districts of Meerut, Muzaffarnagar, Saharanpur and Haridwar.

9

Additional Labour Commissioner, Ghaziabad Region, Ghaziabad.

Districts of Ghaziabad and Bulandshahr.

10

Additional Labour Commissioner, Varanasi Region, Varanasi

Districts of Varanasi, Ghazipur, Ballia and Jaunpur.

11

Deputy Labour Commissioner, Pipri

Districts of Mirzapur and Sonbhadra.

12

Deputy Labour Commissioner, Moradabad Region, Moradabad

Districts of Moradabad, Rampur and Binjor.

13

Deputy Labour Commissioner, Kumaun Region, Haldwani (Nainital).

Districts of Nainital, Almora and Pithoragarh.

14

Deputy Labour Commissioner, Garhwal Region, Dehradun.

Districts of Dehradun, Chamoli, Garhwal (Pauri), Tehri Garhwal and Uttarkashi.

15

Deputy Labour Commissioner, Faizabad Region, Faizabad.

Districts of Faizabad, Bahraich, Barabanki, Gonda and Sultanpur.

16

Deputy Labour Commissioner Jhansi Region. Jhansi.

Districts of Jhansi, Lalitpur, Banda, Hamirpur and Jalaun.

(9)

English translation of Shram Anubhag-1, Noti. No. 5313IXXXVI-l—127(ST)-75,
dated August 28, 1990, published in the U. P. Gazette, Extra., Part 4, Section
(kha), dated 28th August, 1990, pp. 3-4.

In exercise of the powers conferred by sub-section (2) of Section 33-C of the Industrial Disputes Act, 1947 (Act No. 14 of 1947) and in supersession of all the previous notifications issued from time to time in this behalf, the Governor is pleased to specify the Labour Courts mentioned in Column 2 of the Schedule given below to decide the questions arisen under the said sub-section as to amount of money due or as to the amount at which the benefit should be computed, where any workman is entitled to receive from the employer any money or any benefit which; is capable of being computed in terms of money as the case may be, and to dire* ? that the said courts shall exercise their jurisdictions within the areas specified against: their names in Column 3 of the said schedule :

Serial No.

Name of the Labour Courts

Districts

1

2

3

1

Labour Court (I), Kanpur

Districts of Kanpur Nagar, Kanpur Dehat, Etawah, Unnao, Farrukhabad, Hamirpur, Jalaun, Jhansi, Banda and Lalitpur.

2

Labour Court (II), Kanpur

Ditto.

3

Labour Court (III), Kanpur

Ditto.

4

Labour Court (IV), Kanpur

Ditto.

5

Labour Court (V), Kanpur

Ditto.

6

Labour Court, Lucknow

Districts of Lucknow, Raebareli, Sitapur, Hardoi, Kheri, Barabanki, Faizabad, Sultanpur, Gonda and Bahraich.

7

Labour Court, Gorakhpur

Districts of Gorakhpur, Deoria, Maharajganj, Basti, Siddharthnagar, Mau, Azamgarh, Faizabad, Barabanki, Sultanpur, Gonda and Bahraich.

8

Labour Court, Faizabad

Districts of Faizabad, Barabanki, Sultanpur, Gonda, Bahraich, Gorakhpur, Deoria, Maharajganj, Basti, Siddharthnagar, Mau and Azamgarh.

9

Labour Court, Varanasi

Districts of Varanasi, Jaunpur, Ghazipur, Ballia, Mirzapur, Sonbhadra, Allahabad, Fatehpur and Pratapgarh.

10

Labour Court, Allahabad

Districts of Allahabad, Fatehpur, Pratapgarh, Mirzapur, Sonbhadra, Varanasi, Jaunpur, Ghazipur and Ballia.

11

Labour Court, Agra

Districts of Agra, Firozabad, Mainpuri, Etah, Aligarh, Jhansi, Banda, Hamirpur, Lalitpur and Jalaun.

12

Labour Court, Ghaziabad

Districts of Ghaziabad, Bulandshahr, Meerut, Muzaffamagar, Saharanpur and Haridwar.

13

Labour Court (II), Ghaziabad

Ditto.

14

Labour Court (I), Meerut

Districts of Meerut, Saharanpur, Haridwar, Muzaffamagar, Ghaziabad and Bulandshahr.

15

Labour Court (II), Meerut

Ditto.

16

Labour Court, Dehradun

Districts of Dehradun, Chamoli, Uttarkashi, Tehri (Garhwal), Pauri (Garhwal), Moradabad, Rampur and Bijnor.

17

Labour Court, Bareilly

Districts of Bareilly, Badaun, Shahjahanpur, Pilibhit, Moradabad, Rampur and Bijnor.

18

Labour Court, Haldwani

Districts of Nainital, Almora, Pithoragarh, Bareilly, Badaun, Pilibhit and Shahjahanpur.

19

Labour Court, Rampur

Districts of Rampu Moradabad, Bijnor, Nainital, Almora and Pithoragarh.

Notes

1. Subs, by Noti. No. 4814 (V)/XXXVI-3—62(v)-72, dated Feb. 28, 1978 (1978 LLT-V 241).

2. Subs, by Noti. pub. in 1978 LLT-V, 241.

3. Subs, by Nod. pub. in 1978 LLT-V, 241.

4. Subs, by Not. pub. in 1978 LLT-V, 241.

5. Subs, by Not. pub. in 1978 LLT-V-241.

6. Subs, by Not. pub. in 1978 LLT-V, 241.

7. Subs, by Noti. pub. in 1978 LLT-V, 241.