As per Section 1, The Industrial Disputes (Central) Rules, 1957, extend to Union Territories in relation to all industrial disputes and to the States in relation only to an industrial dispute concerning-
(a) any industry carried on by or under the authority of the Central Government or by a railway company
(b) a banking or an insurance company, a mine, an oilfield, or a major port
(c) any such controlled industry as maybe specified under section 2(a)(i) of the Act by the Central Government.
Section 2. Interpretation
In these rules, unless there is anything repugnant in the subject or context-
(a) “Act” means the Industrial Disputes Act, 1947 (14 of 1947);
(b) “Chairman” means the Chairman of a Board or court or, if the court consists of one person only, such person;
(c) “Committee” means a Works Committee constituted under sub-section (1) of section 3 of the Act;
(d) “form” means a form in the Schedule to these rules;
(e) “section” means a section of the Act;
(f) in relation to an industrial dispute in a Union Territory, a reference to the Central Government or the Government of India shall be construed as a reference to the Administrator of the territory, and reference to the Chief Labor Commissioner (Central), Regional Labor Commissioner (Central) and the 2[Assistant Labor Commissioner (Central)] shall be construed as a reference to the appropriate authority, appointed in that behalf by the Administrator of the territory;
(g) with reference to clause (g) of section 2, it is hereby prescribed that-
(i) in relation to an industry concerning railways , carried on by or under the authority of a department of the Central Government:
(a) in the case of establishments of a Zonal Railway, the General Manager of that Railway shall be the ’employer’ in respect of regular railway servants other than casual labor;
(b) in the case of an establishment independent of a Zonal Railway, the officer-in-charge of the establishment shall be the “employer” in respect of regular railway servants other than casual labor; and
Section 3. Application
An application under sub-section (2) of section 10 for the reference of an industrial dispute to a Board, court, Labor Court, Tribunal or National Tribunal shall be made in Form A and shall be delivered personally or forwarded by registered post to the Secretary to the Government of India in the Ministry of Labor and Employment (in triplicate), the Chief Labor Commissioner (Central), New Delhi, and the Regional Labor Commissioner (Central), and the Assistant Labor Commissioner (Central) concerned. 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 workmen employed in the undertaking affected;
(d) an estimate of the number of workmen affected or likely to be affected by the dispute; and
(e) the efforts made by the parties themselves to adjust the dispute.
Other section details are as
Section | Details |
Part I | Procedure For Reference Of Industrial Disputes To Boards Of Conciliation, Courts Of Enquiry, Labour Courts, Industrial, Tribunals Or National Tribunals |
3 | Application |
4 | Attestation of application |
5 | Notification of appointment of Board, court, Labor Court , Tribunal or National Tribunal |
6 | Notice to parties to nominate representatives |
Part II | Arbitration Agreement |
7 | Arbitration agreement |
8 | Attestation of the arbitration agreement |
8A | Notification regarding arbitration agreement by majority of each party |
Part III | Powers, Procedure And Duties Of Conciliation Officers, Boards, Courts, Labour Courts, Tribunals, National Tribunal And Arbitrators |
9 | Conciliation proceedings in public utility service |
10 | Conciliation proceedings in non-public utility service |
10A | Parties to submit statements |
10B | Proceeding before the , Labor Court Tribunal or National Tribunal |
11 | The Conciliation Officer may hold a meeting |
12 | The Conciliation Officer shall conduct the proceedings |
13 | Place and time of hearing |
14 | Quorum for Boards and courts |
15 | Evidence |
16 | Administration of oath |
17 | Summons |
18 | Service of summons or notice |
19 | Description of parties in certain cases |
20 | Manner of service in the case of numerous persons as parties to a dispute |
21 | Procedure at the first sitting |
22 | Board, court, Labor Court, Tribunal, National Tribunal or arbitrator may proceed exparte |
23 | Power of entry and inspection |
24 | Power of Boards, courts, Labor Courts, Tribunals and National Tribunal |
25 | Assessors |
26 | Fees for copies of awards or other documents of Labor Court, Tribunal or National Tribunal |
27 | Decision by majority |
28 | Correction of errors |
29 | Right of representatives |
30 | Proceedings before a Board , court, Labor Court, Tribunal or National Tribunal |
Part IV | Remuneration Of Chairman And Members Of Courts, Presiding Officers Of Labour Courts, Tribunals, And National Tribunals, Assessors And Witnesses |
31 | Traveling allowance |
32 | Fees |
33 | Expenses of witnesses |
Part V | Notice Of Change |
34 | Notice of change |
35 | [Omitted vide Notification No. G.S.R. 402, dated 31st. March, 1960] |
Part VI | Representation Of Parties |
36 | Form of authority under section 36 |
37 | Parties bound by acts of representative |
Part VII | Works Committee |
38 | Constitution |
39 | Number of members |
40 | Representatives of employer |
41 | Consultation with trade unions |
42 | Group of workmen’s representatives |
43 | Electoral constituencies |
45 | Qualifications for voters |
46 | Procedure for election |
47 | Nomination of candidates for election |
48 | Scrutiny of nomination papers |
48A | Withdrawal of candidates validly nominated |
49 | Voting in election |
50 | Arrangements for election |
51 | Officers of the Committee |
52 | Term of office |
53 | Vacancies |
54 | Power to co-opt |
55 | Meetings |
56 | Facilities for meeting, etc. |
56A | Submission of returns |
57 | Dissolution of Works Committee |
Part VIII | Miscellaneous |
58 | Memorandum of settlement |
59 | Complaints regarding change of conditions of service, etc. |
60 | Application under section 33 |
61 | Protected workmen |
62 | Application for recovery of dues |
63 | Appointment of Commissioner |
64 | Fees for the Commissioner, etc. |
65 | Time for submission of report |
66 | Local investigation |
67 | Commissioner’s report |
68 | Powers of Commissioner |
69 | Summoning of witnesses, etc. |
70 | Representation of parties before the Commissioner |
70A | Preservation of records by the National Industrial Tribunals, Industrial Tribunals or Labor Courts |
71 | Notice of strike |
72 | Notice of lock-out |
73 | Report of lock- out or strike |
74 | Report of notice of strike or lock-out |
75 | Register of settlements |
75A | Notice of lay-off |
75B | Application for permission for lay-off under section 25M |
76 | Notice of retrenchment |
76A | Notice of, and application for possession for retrenchment |
76B | Notice of closure |
76C | Notice of, and application for permission for, closure |
77 | Maintenance of seniority list of workmen |
78 | Re-employment of retrenched workmen |
79 | Penalties |
80 | Repeal |