Background
The Haryana Industrial Disputes (Punjab) Rules, 1958 were framed under the Industrial Disputes Act, 1947 to provide procedural clarity for the investigation and settlement of industrial disputes in the State. These rules were originally notified as the Punjab Industrial Disputes Rules, 1958 and later adapted for Haryana after its formation in 1966. They lay down the framework for conciliation, adjudication, representation of workmen, submission of returns, recognition of trade unions, and the duties of employers, workmen, and authorities involved in dispute resolution.
Applicability
The Rules apply to:
Compliance requirements under the Act in accordance with the Rules
An application under sub-section (2) of Section 10 for the reference of an industrial dispute to a Board, Court, Labour Court. or Tribunal shall be made in Form-A and shall be delivered personally or forwarded by registered post in triplicate to the Labour Commissioner, Punjab
An arbitration agreement for the reference of an industrial dispute to an arbitrator or arbitrators shall be made in form ‘C’ and shall be delivered personally or forwarded by register post in triplicate to the Labour Commissioner, Punjab.
Grievance Redressal Committee shall be made for resolution of disputes in Industrial Establishment, consisting of equal no. of members from employer and workmen.
Any employer intending to effect any change in the conditions of service applicable to any workman in respect of any matter specified in the Fourth Schedule to the Act shall give notice of such intention in Form-E.
Industrial establishment shall be liable to pay full wages last drawn by the workmen in case of any proceedings pending in High Court or Supreme Court, during the period of pendency of such proceedings.
The authority in favour of a person or persons to represent a workman or group of workmen or an employer in any proceeding under the Act shall be in Form F.
Any employer to whom an order made under sub-section (1) of Section 3 relates shall forthwith proceed to constitute a Works Committee with a Chairman, Vice-Chairman, Secretary, and Joint Secretary. Members serve a 2-year term
Election shall be provided for workmen’s representatives of Committee in two groups, in the manner as provided in Rule 42: a. Those to be elected by workmen who are members of the registered trade unions, b. Those to be elected by workmen who are not members of the registered trade union or unions
The Committee shall have a Chairman, Vice-Chairman, Secretary & Jt Secretary (elected yearly). Chairman is employer-nominated; VC elected by worker reps. Same person can’t hold Chairman/VC post for two terms. VC tie decided by draw.
(1) The term of office of the representatives on the Committee other than a member chosen to fill a casual vacancy shall be two years. (2) A member chosen to fill a casual vacancy shall hold office for the unexpired term of his predecessor
The Committee may meet as often as necessary but not less often than once in three months (a quarter).
The employer shall submit half-yearly returns as in Form G-l in triplicate to the Conciliation Officer concerned, not later than the 20th of the month following the half year.
A settlement arrived at shall be in form “H‟, signed by: a. By employer himself or authorised agent, manager or other principal officer of the corporation b. In case of workmen, by any officer of a trade union of the workmen or by 5 representatives of workmen duly authorised in this behalf
Complaints under Section 33-A must be in Form I, filed in triplicate with copies for each opposite party. They must be verified by the complainant or someone aware of the facts, clearly stating what is known personally or by information. Verification must be signed with date and place.
During any ongoing conciliation/legal proceeding over an industrial dispute, the employer shall not:
(a) alter service condition to the workmen’s disadvantage; (b) dismiss or punish any workman for misconduct related to the dispute, without written permission from the authority handling the case.
No workman shall strike nor employer declare lock-out:
Application for permission to lay-off any workman in an Industrial est employing 100 or more workmen on an average per working day for preceding12 months ( and engaged in industries which are not seasonal /with intermittent work ) or for permission to continue a lay-off section 25M shall be made in Form O-3. Where the permission to lay-off has been granted by the said authority, the employer concerned shall give to the Labour Commissioner (Haryana) Chandigarh, a notice of commencement and termination of such lay-off in Forms O-1 and O-2 respectively within seven days of such commencement or termination
A workman, employed for at least 1 year of continuous service, if laid-off, shall be paid for all days during which he is so laid-off, compensation equal to 50% of total wages & DA that would have been payable to him had he not been so laid-off.
If during any period of twelve months, a workman is laid-off for more than forty-five days, no such compensation shall be payable in respect of any period of the lay-off after the expiry of the first forty-five days, if there is an agreement to that effect between the workman and the employer
Every employer shall maintain a muster-roll, notwithstanding that workmen in any industrial establishment have been laid-off and to provide for the making of entries therein by workmen who may present themselves for work at the establishment at the appointed time during normal working hours.
No lay-off compensation is payable if the workman:
(i) refuses suitable alternative work in the same or nearby establishment (within 5 miles) with same wages;
(ii) fails to report daily during normal hours;
(iii) is laid off due to a strike or slowdown in another part of the establishment.
An employer retrenching a workman with at least one year of cont. service must send notice in Form P by registered post to the Labour Commissioner Haryana, area Labour-cum-Conciliation Officer, and the concerned Employment Exchange.
No workman with at least one year of continuous service shall be retrenched unless:
(a) given 1 month’s notice or wages in lieu;
(b) paid compensation of 15 days’ average pay per completed year of service (beyond 6 months);
(c) notice is sent to the appropriate government or authority.
Every workmen is entitled for notice & compensation in case of transfer of ownership of an undertaking in accordance with the provisions of section 25-F of this act.
If an undertaking closes, workmen with at least one year of service are entitled to notice and compensation under Section 25-F.
If closure is due to unavoidable circumstances, compensation is capped at three months’ average pay.
In case of retrenchment of any workmen, employer shall ensure: a. Category of workmen to be retrenched b. Notice of retrenchment to Central Government & labour commissioner as applicable c. Workmen is served required notice and compensation or wages for notice period in lieu of such retrenchment
Employer shall display details of vacancies on notice board and give such intimation to each of such workmen who are entitled for re-employment for the vacancies which are to be filled at least 15 days before the date on which such vacancies are to be filled.
No workman shall be laid-off except with prior permission of prescribed authority, obtained on an application made in this behalf, unless such lay-off is due to shortage of power/ natural calamity, and in case of a mine, due to fire, flood, excess of inflammable gas or explosion.
(1) Form PA notice under 25-N(1)(c) must be served on the State or its authority; if posted, delivery date is the service date. (2) Form PB application under 25-N(4), with 25-F(a) notice, must be similarly served; delivery date is the application date.
No workman with at least one year of continuous service shall be retrenched unless:
(a) given three months’ written notice with reasons, or paid wages in lieu; and
(b) prior permission is obtained from the appropriate Government or specified authority.
No employer or workman or a trade union, whether registered under the Trade Unions Act, 1926 or not shall commit any unfair labour practice
Penalty & Punishments
Conclusion
The Haryana Industrial Disputes (Punjab) Rules, 1958 serve as the procedural backbone for implementing the Industrial Disputes Act, 1947 in Haryana. By prescribing detailed procedures for dispute resolution, representation, and compliance, the Rules ensure that industrial relations are managed in an orderly and transparent manner. They help balance the rights of workmen with the obligations of employers, thereby promoting industrial peace and reducing conflicts in the workplace.
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