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Forms & Procedures under the Industrial Disputes Act

Page no : 2

Prakash Yedhula (Lawyer)     10 January 2008

[align=center]FORM O-1 [/align] [align=center]Notice of Lay-Off [/align]
If any workmen employed in an industrial establishment, as defined in the explanation below Section 25-A, [not being an industrial establishment referred to in sub-section (1) of that Section] is laid off then the employer concerned shall give notices of commencement of such lay-off in Form O-1.

Prakash Yedhula (Lawyer)     10 January 2008

[align=center] [/align][align=center]FORM O-2[/align]
If any workmen employed in an industrial establishment, as defined in the explanation below Section 25-A, [not being an industrial establishment referred to in sub-section (1) of that Section] is laid off then the employer concerned shall give notices of termination of such lay-off in Form O-2.
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Prakash Yedhula (Lawyer)     10 January 2008

[align=center]FORM O-3 [/align] [align=center]Form of application for permission to lay-off, to continue the lay-off of workmen in industrial establishments to which provisions of Chapter V-B of the Industrial Disputes Act, 1947 (14 of 1947) apply [/align]
Application for permission to lay-off any workman under sub-section (1) of Section 25-M or for permission to continue lay-off under sub-section (3) of Section 25-M shall be made in Form O-3 to the authority either personally or by Registered Post, acknowledgement due.
he application for permission shall be made in triplicate and copies of such application shall be served by the employer on the workmen concerned and a proof to that effect shall also be submitted by the employer along with the application.

Prakash Yedhula (Lawyer)     10 January 2008

[align=center]FORM P [/align] [align=center]Form of notice of retrenchment to be given by an employer under clause [c] of Section 25-F of the I.D. Act, 1947 [/align]
If any employer desires to retrench any workman employed in his industrial establishment, who has been in continuous service for not less than one year under him, shall give notice of such retrenchment in Form P to the Government, the Deputy Labour Commissioner and Assistant Labour Commissioner of the concerned district and Employment Exchange concerned by Registered Post in the following manner: -

a) Where notice is given to the workman, notice of retrenchment shall be sent within 3 days from the date on which notice is given to the workman.

b) Where no notice is given to the workman, he is paid one month's wages in lieu thereof, notice of retrenchment shall be sent within 3 days from the date on which such wages are paid and

c) Where retrenchment is carried out under an agreement, which specifies a date for the termination of service, notice of retrenchment shall be sent so as to reach the Government, the Deputy Labour Commissioner, the Assistant Labour Commissioner concerned and the Employment Exchange concerned, at least one month before such date.


Prakash Yedhula (Lawyer)     10 January 2008

[align=center]FORM P-A [/align] [align=center]Form of notice for permission for retrenchment of workmen to be given by an employer under clause [d] of sub-section (1) of Section 25-N of the Industrial Disputes Act, 1947 (14 of 1947)[/align]
Notice or the application for permission of retrenchment shall be served in Form P-A on the Government or such authority, may be specified by the Government under the said clause, either personally or by Registered Post, Acknowledgement Due, and where the notice is served by Registered post, the date on which the same is delivered to the Central Government or the authority, shall be deemed to be the date of service of the notice for the purposes of sub-section (4) of Section 25-N.

The application shall be made in triplicate and copies of such notice or application shall be served by the employer on the workman concerned and a proof of that effect shall also be submitted by the employer along with the notice or the application, as the case may be.
he employer concerned shall furnish to the Government or the authority to whom the notice for retrenchment has been given or the application for permission for retrenchment has been made under sub-section (1) of Section 25-N, such further information as the Government or the authority, as the case may be considered necessary for arriving at decision on the notice or the application, as and when called for by such authority so as to enable the Central Government or the authority to communicate its permission or refusal to grant permission within the period specified in sub-section (4) of the Section 24

Prakash Yedhula (Lawyer)     10 January 2008

[align=center]FORM Q [/align] [align=center]Form of notice of closure to be given by an employer under Section 25 FFA of the I.D. Act, 1947 [/align]
If an employer intends to close down an undertaking, he shall give notice of such closure in Form Q to the Government, the Deputy Labour Commissioner and Assistant Labour ommissioner concerned and the Employment Exchange concerned by Registered Post.

Prakash Yedhula (Lawyer)     10 January 2008

[align=center]FORM Q-A [/align] [align=center]Form of notice for permission of closure to be given by an employer under sub-section (1) of Section 25-O of the Industrial Disputes Act, 1947 (14 of 1947)[/align]
[align=center] [/align] Notice under sub-section (1) of Section 25-O of intended closure shall be given in Form Q-A and served on the Government either personally or by the Registered Post, Acknowledgement Due.
 
A copy of such application shall be served simultaneously by Registered Post on the President or Secretary of Registered Trade Unions functioning in the establishment and a notice in this regard shall also be displayed conspicuously by the employer on a Notice-board at the main entrance or the establishment for the information of all the concerned workmen at the same time when applications are served on the Government.
Notice or the application, as the case may be, be made in triplicate.
he employer concerned shall furnish to the Government to whom notice of intended closure has been given notice/application for permission to close down the establishment has been given, such further information, as the Government may consider necessary, for arriving at a decision on the notice or the application from such employer.
 
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