Prakash Yedhula (Lawyer) 09 January 2008

Forms & Procedures under the Industrial Disputes Act

[align=center]FORM A [/align] 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:
An application under sub-section (2) of Section 10 for the reference of an industrial dispute to Board, Labour Court, Tribunal or National Tribunal shall be made in Form A and deliver to the Secretary (Labour), Government of NCT of Delhi, and the Assistant Labour Commissioner of concerned district.

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Prakash Yedhula (Lawyer) 10 January 2008

[align=center]FORM C[/align] [align=center]Agreement[/align] An Arbitration Agreement for the reference of an industrial dispute to an arbitrator shall be made in Form C (in triplicate) and shall be delivered personally or forwarded by Registered Post to the Secretary (Labour), Government of NCT of Delhi, and the Deputy Labour Commissioner and Assistant Labour Commissioner of the concerned district. The agreement shall be accompanied by the consent, in writing, of the Arbitrator/s.

Prakash Yedhula (Lawyer) 10 January 2008

FORM ΓÇô E

Notice of change of Service Condition proposed by an Employer Any employer intending to effect any change in the conditions of service applicable to any workmen in respect of any matter specified in the IVth Schedule to the Act, shall give notice of such intention in Form E.

The notice shall be displayed conspicuously by the employer on a Notice-board at the main entrance of the establishment. Where any registered trade union of workmen exists, a copy of notice shall also be served by Registered Post on the Secretary of such union.

Prakash Yedhula (Lawyer) 10 January 2008

[align=center]FORM G-1[/align] Progress Report on constitution and functioning of Works Committee for the half-year ending the 30 th June/31 st December
The employer shall submit half-yearly returns in Form G-1 in triplicate to the Deputy Labour Commissioner concerned, not later than 20 th day of the month following the half year.

Prakash Yedhula (Lawyer) 10 January 2008

[align=center]FORM H[/align] [align=center]Form for Memorandum of Settlement[/align] A settlement arrived at in the course of Conciliation or otherwise, shall be in Form H. The settlement shall be signed by the employer himself or by his authorized agent or when employer is an corporated company, or other body corporate, by the Agent Manager or Principal Officer of the corporation.
In case of workman by any officer of the trade union of the workmen or by five representatives of the workman, duly authorized in this behalf at a meeting of the workman held for the purpose.
In case of the workman in an industrial dispute under Section 2-A of the Act, by the workman concerned.
Where the settlement is arrived at between an employer and his workman, otherwise than in the course of Conciliation Proceeding, the parties to settlement shall jointly send a copy thereof to the Secretary (Labour), Government of NCT of Delhi, the Labour Commissioner, Government of NCT of Delhi and the Deputy Labour Commissioner and Assistant Labour Commissioner of the concerned district.

Prakash Yedhula (Lawyer) 10 January 2008

[align=center]FORM I [/align] [align=center]Complaint under Section 33-A of the Industrial Disputes Act, 1947 [/align]
Every complaint under Section 33-A of the Act shall be present in triplicate in Form I and shall be accompanied by as many copies of the complaint as there are opposite parties to the complaint.

Every complaint shall be verified at the foot by the workman making it or by some other person proved to be satisfaction of the Labour Court , Tribunal or National Tribunal to be acquainted with the facts of the case.

The person verifying shall specify, by references 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.

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

Prakash Yedhula (Lawyer) 10 January 2008

[align=center]FORM J [/align] [align=center]Application under Section 33 of the Act [/align] An employer intending to obtain the expressed approval in writing of the Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal, as the case may be, shall present an application in Form J in triplicate to such Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal and shall file along with the application as many copies thereof as there are opposite parties.

Prakash Yedhula (Lawyer) 10 January 2008

[align=center]FORM K [/align] An employer seeking approval of the Conciliation Officer, Board, Labour Court, Tribunal or a National 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 K in triplicate to such Conciliation Officer, Board, Labour Court, Tribunal or National Tribunal and shall file along with the application as many copies thereof as there are opposite parties.

Every application shall be verified at foot by the employer making it or by some other person proved to be the satisfaction of Conciliation Officer, Board, Labour Court , Tribunal or National Tribunal to be acquainted with the facts of the case.

The person verifying shall specify the 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.

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

Prakash Yedhula (Lawyer) 10 January 2008

[align=center]FORM K-1 [/align] [align=center]Application under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947 [/align]

Where any amount is due from any employer to a workman or a group of workmen under a settlement or an award or under the provisions of Chapter V-A [Chapter V-B], the workman or the group of workmen, as the case may be, may apply in Form K-1 for recovery of the money due.

Prakash Yedhula (Lawyer) 10 January 2008

[align=center]FORM K-2 [/align] [align=center]Application by a person authorized by a workman or by the assignee or heir of a deceased workman under sub-section (1) of Section 33-C of the Industrial Disputes Act, 1947 [/align]

In the case of person authorized, in writing, by the workman, or in the case of death of the workman, the assignee or heir of the deceased workman shall make application in Form K-2.

Prakash Yedhula (Lawyer) 10 January 2008

[align=center]FORM K-3 [/align] [align=center]Application under sub-section (2) of Section 33-C of the Industrial Disputes Act, 1947 [/align]
Where any workman or a group of workmen is entitled to receive from the employer, any money or benefit which is capable of being computed in terms of money, the workman or a group of workmen, as the case may be, may apply to the specified Labour Court in Form K-3 for determination of the amount due or as the case may be, the amount at which such benefit should be computed.

Prakash Yedhula (Lawyer) 10 January 2008

[align=center]FORM K-4 [/align] [align=center]Application by a person who is an assignee or heir of a deceased workman under sub-section (2) of Section 33-C of the Industrial Disputes Act, 1947 (14 of 1947) [/align]
In the case of the death of a workman, application shall be made in Form K-4 by the assignee or heir of the deceased workman.

Prakash Yedhula (Lawyer) 10 January 2008

[align=center]FORM L [/align] [align=center]Form of Notice of Strike to be given by [Union/Workmen] in a Public Utility Service [/align]
The Notice of Strike to be given by the workmen in Public Utility Services shall be in Form L.
On receipt of a notice of strike, the employer shall forthwith intimate the fact to the Conciliation Officer of the area concerned.

Prakash Yedhula (Lawyer) 10 January 2008

[align=center]FORM M [/align] [align=center]Form of Notice of Lock-out to be given by an Employer carrying on a Public Utility Service [/align]
The Notice of Lock-out to be given by an Employer carrying on Public Utility Service shall be in Form M.

The Notice shall be displayed conspicuously by the employer on a Notice-board at the main entrance to the establishment and in the Manager's Office.

Where a registered trade union exists, a copy of the notice shall also be served on the Secretary of the Union .

Prakash Yedhula (Lawyer) 10 January 2008

[align=center]FORM N [/align] [align=center]Form of Report of Strike or Lock-out in a Public Utility Service [/align]
The Notice of Lock-out or Strike in Public Utility Service to be submitted by the employer under sub-section (3) of Section 22 shall be in Form N.