Section 80 — Repeal:-The Industrial Disputes (Central) Rules, 1947, are hereby repealed : Provided that any order made or action take

Repeal:-The Industrial Disputes (Central) Rules, 1947, are hereby repealed : Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules. 1 Ins. by G.S.R. 40, dated 31st December, 1958. 74 The Industrial Disputes (Central) Rules, 1957 Schedule Schedule 1[SCHEDULE [FORM A [SEE RULE 3] FORM OF APPLICATION FOR THE REFERENCE OF AN INDUSTRIAL DISPUTE TO A BOARD OF CONCILIATION/COURT OF ENQUIRY/ LABOUR COURT/TRIBUNAL/ NATIONAL TRIBUNAL UNDER SECTION 10(2) OF THE INDUSTRIAL DISPUTES ACT, 1947. Whereas an industrial dispute ** is apprehended /exists between ……………… and ……..….… and it is expedient the dispute/investigation and settlement the matters specified in the enclosed statement which are connected with or relevant to the dispute should be referred for **enquiry/adjudication by a Board of Conciliation/a Court of Enquiry/ a Labour Court/ a Tribunal/ a National Tribunal an application is hereby made under sub-section (2) of section 10 of the Industrial Disputes Act, 1947, that the **said matters/said dispute should be referred to **a Board of Conciliation/ a Court of Enquiry/a Labour Court/ a Tribunal/ a National Tribunal. This application is made by the undersigned who have/has been duly authorised to do so by virtue of a resolution (copy enclosed) adopted by a majority of the members present at a meeting of the …………held on the ……..20……….. A statement giving the particulars required under rule 3 of the Industrial Disputes (Central) Rules, 1957, is attached. Dated the…………… Signature of employer**………………… or agent………………………… or manager…………………….. or principal officer of the Corporation..............………… Signature of the President of the trade union **............. Secretary of the trade union ............... Or **Signature of five representatives duly authorised (vide resolution enclosed)............................................. 2[Or **Signature of the workman .................. Or **Signature of the workman in the same establishment duly authorised (vide authorisation enclosed)…………………………] To The Secretary to the Government of India. Ministry of Labour 1 Subs.by G.S.R. 302, dated April, 1958. 2 Ins. by G.S.R. 1059, dated 30th May, 1968. Schedule The Industrial Disputes (Central) Rules, 1957 75 Statement required under rule 3 of the Industrial Disputes (Central) 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 workmen employed in the undertaking affected. (d) Estimated number of workmen affected or likely to be affected by the dispute. (e) Efforts made by the parties themselves to adjust the dispute. 1[Copy to— (i) The Assistant Labour Commissioner (Central)............................ [here enter office address of the Assistant Labour Commissioner (Central) in the local area concerned]; (ii) The Regional Labour Commissioner (Central); (iii) The Chief Labour Commissioner (Central), New Delhi.] **Delete whichever is not applicable. FORM B [SEE RULE 6] Whereas an industrial dispute has arisen/is apprehended between .....……… and .....................and it is expedient to refer the said dispute under section 10 of the Industrial Disputes Act, 1947 to a Board of Conciliation for the purpose of investigating the same and for promoting a settlement thereof, you are hereby required to intimate to the undersigned not later than the...................... .............................. the name(s) and address(es) 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 Central Government will select and appoint such person(s) as it thinks fit to represent you. Secretary to the Government of India Ministry of Labour 2[FORM C [SEE RULE 7] AGREEMENT [Under section 10A of the Industrial Disputes Act, 1947] Names of the Parties. Representing employers: Representing workmen/workman. It is hereby agreed between the parties to refer the following dispute to the arbitration of ................................... (here specify the name(s) and address(es) 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 workman in case he himself is involved in the dispute or the name of the union, if any, representing the workman or workmen in question. (iv) Total number of workmen employed in the undertaking affected. 1 Ins. by G.S.R. 811, dated 3rd July, 1959. 2 Subs. by G.S.R. 1059, dated 30th May, 1968. 76 The Industrial Disputes (Central) Rules, 1957 Schedule (v) Estimated number of workmen affected or likely to be affected by the dispute. *We further agree that the majority decisions of the arbitrator(s) be binding on us/in case the arbitrators are equally divided in their opinion, that they shall appoint another person as umpire whose award shall be binding on us. The arbitrator(s) shall make his (their) award within a period of ............(here specify the period agreed upon by the parties) 1[from the date of publication of this agreement in the Official Gazette by the appropriate Government] or within such further time as is extended by mutual agreement between us in writing. In case the award is not made within the period aforementioned, the reference to arbitration shall stand automatically cancelled and we shall be free to negotiate for fresh arbitration.] Signature of the parties. Representing employer. **Workman/Representing workman/workmen. Witnesses. (1) (2) Copy to: (i) The Assistant Labour Commissioner (Central), (here enter office address of the Conciliation Officer in local area concerned). (ii) The Regional Labour Commissioner (Central). (iii) The Chief Labour Commissioner (Central), New Delhi. (iv) The Secretary to the Government of India, Ministry of Labour, Employment and Rehabilitation (Department of Labour and Employment), New Delhi. * Where applicable. ** Delete whichever is not applicable.] FORM D [SEE RULE 17] SUMMONS Whereas an industrial dispute between................and................. has been referred to this Board of Conciliation for investigation and settlement, Court of Enquiry for investigation/Labour Court/Tribunal/National Tribunal for adjudication, under section 10 of the Industrial Disputes Act, 1947, you are hereby summoned to appear before the Board/Court/Labour Court/Tribunal/National Tribunal in person on the……..………………………….day of.............at...........o‟clock in the...........noon to answer all material questions relating to the said dispute and you are directed to produce on that day all the books, papers and other documents and things in your possession or under your control in any way relating to the matter under investigation by this Board/Court/Labour Court/Tribunal/National Tribunal Dated ............... Board of Conciliation. Chairman/Secretary, …………………….………... Court of Enquiry. Labour Court. 1 Ins. by G.S.R. 1157, dated, 11th October, 1974 Schedule The Industrial Disputes (Central) Rules, 1957 77 Tribunal Presiding Officer/Secretary, ………………………………. National Tribunal 1[FORM E [SEE RULE 34] Notice of Change of Service Condition Proposed by an Employer Name of employer.........................................……............. Address .............................................................................. Dated the ......................day of .................................................20 In accordance with section 9A of the Industrial Disputes Act, 1947. I/We hereby give notice to all concerned that it is my/our intention to effect the change/changes specified in the annexure, with effect from..........................

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