PART-VIII

59. Memorandum of Settlement.--

(1) A settlement arrived at in the course of conciliation proceedings or otherwise, shall be in Form 'H'.

(2) The settlement shall be signed by:--

(a) in the case of an employer, by the employer himself, or by his authorised agent, or when the employer is an
incorporated Company or other body corporate, by the agent, manager or other Principal Officer of the
Corporation;

1[(b) in the case of workmen, by any Officer of a Trade Union of the workmen, or by five representatives of the
workmen duly authorised in this behalf at a meeting of the workmen held for the purpose;

Explanation.--In this Rule "Officer" means any of the following Officers, namely:--

(a) The President;

(b) The Vice-President;

(c) The Secretary; (including the General Secretary)

(d) A Joint Secretary;

(e) Any other Officer of the Trade Union authorised in this behalf by the President and Secretary of
the Union.]

2[(c) in the case of the workman in an industrial dispute under Section 2-A of the Act, by the workman
concerned.]

(3) Where a settlement is arrived at in the course of conciliation proceeding, the Conciliation Officer shall send a report
thereof to the State Government together with a copy of the memorandum of settlement signed by the parties to the
dispute.

(4) Where a settlement is arrived at between an employer and his workmen otherwise than in the course of conciliation
proceeding before a Board or a Conciliation Officer, the parties to the settlement shall jointly send a copy thereof to the
State Government, the Labour Commissioner, and the Assistant Labour Commissioner and to the Conciliation Officer
concerned.

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60. Complaints regarding change of conditions of service, etc.--

(1) Every complaint under Section 33-A of the Act shall be presented in triplicate in Form I and shall be accompanied by
as many copies of the complaint as there are opposite parties to the complaint.

(2) Every complaint under sub-rule (1) shall be verified at the foot by the workmen making it or by some other person
proved to the satisfaction of the Labour Court or Tribunal to be acquainted with the facts of the case.

(3) The person verifying shall specify by references to the numbered paragraphs of the complaint, what he verifies of his

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 own knowledge and what he verifies upon information received and believed to be true.

(4) 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.

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61. Application under Section 33.--

(1) An employer intending to obtain the express permission in writing of the Conciliation Officer, Board, Labour Court or
Tribunal, as the case may be, under sub-section (1) or sub-section (3) of Section 33 shall present an application in Form
'J' in triplicate to such Conciliation Officer, Board, Labour Court or Tribunal and shall file along with the application as
many copies thereof as there are opposite parties.

(2) An employer seeking the approval of the Conciliation Officer, Board, Labour Court or 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 or Tribunal and shall file along with the application
as many copies thereof as there are opposite parties.

(3) Every application under sub-rule (1) or sub-rule (2) shall be verified at the foot by the employer making it or by some
other person proved to the satisfaction of the Conciliation Officer, Board, Labour Court or Tribunal to be acquainted with
the facts of the case.

(4) The person verifying shall specify by 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.

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

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62. Protected Workmen.--

(1) Every registered trade union connected with an industrial establishment, to which the Act applies shall communicate
to the employer, before the 3[30th April] every year, the names and addresses of such of the officers of the union who
are employed in that establishment and who in the opinion of the union, should be recognised as "protected workmen".
Any change in the incumbency of any such officer shall be communicated to the employer by the Union within fifteen
days of such change.

(2) The employer shall, subject to Section 33, sub-section (4) recognise such workmen to be "protected workmen" for
the purposes of sub-section (3) of the said section and communicate to the union in writing, within fifteen days of the
4[receipt] of the names and addresses under sub-rule (1), the list of workmen recognised as protected workmen 5[for
the period of twelve months from the date of such communication.]

(3) Where the total number of names received by the employer under sub-rule (1) exceeds the maximum number of
protected workmen, admissible for the establishment, under Section 33, sub-section (4), the employer shall recognise as
protected workmen only such maximum number of workmen:

Provided that, where there is more than one registered trade union in the Establishment, the maximum number

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 shall be so distributed by the employer among the unions that the numbers of recognised protected workmen in
individual unions bear roughly the same proportion to one another as the membership figures of the unions. The
employer shall in that case intimate in writing to the President or the Secretary of the Union the number of
protected workmen allotted to it:

Provided further that where the number protected workmen allotted to a union under this sub-rule, falls short of
the number of officers of the union seeking protection, the union shall be entitled to select the officers to be
recognised, as protected workmen. Such selection shall be made by the Union and communicated to the employer
within five days of the receipt of the employer's letter.

(4) When a dispute arises between an employer and any registered Trade Union in any matter connected with the
recognition of 'protected workmen' under this rule, the dispute shall be referred to the Conciliation Officer concerned,
whose decision thereon shall be final.

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6 [63. Application for recovery of dues.--

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

Provided that in the case of a person authorised in writing by the workman, or in the case of the death of the
workman, the assignee or the heir of the deceased workman, the application shall be made in Form 'K-2'.

(2) Where any workman or a group of workmen is entitled to receive from the employer any money or any benefit which
is capable of being computed in terms of money, the workman or the group of workmen, as the case may be, may apply
to the specified Labour Court in Form K-3 for the determination of the amount due or, as the case may be, the amount
at which such benefit should be computed.]

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64. Appointment of Commissioner.--

Where it is necessary to appoint a Commissioner under sub-section (3) of Section 33-C of the Act, the Labour Court
may appoint a person with experience in the particular industry, trade or business involved in the industrial dispute or a
person with experience as a Judge of a Civil Court, or as a Stipendiary Magistrate or as a Registrar or Secretary of a
Labour Court, or Tribunal constituted under any Provincial Act or State Act or of a Labour Court, or Tribunal constituted
under the Act of the Labour Appellate Tribunal constituted under the Industrial Disputes (Appellate Tribunal) Act, 1950.

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65. Fees for the Commissioner, etc.--

(1) The Labour Court shall, after consultation with the parties, estimate the probable duration of the enquiry and fix the
amount of the Commissioner's fees and other incidental expenses and direct the payment thereof, into the nearest
treasury, within a specified time, by such party or parties and in such proportion as it may consider fit. The
Commissioner shall not issue until satisfactory evidence of the deposit into the treasury of the sum fixed is filed before

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 the Labour Court:

Provided that the Labour Court may from time to time direct that any further sum or sums be deposited into the
treasury within such time and by such parties as it may consider fit:

Provided further that the Labour Court may in its discretion, extend the time for depositing the sum into the
treasury.

(2) The Labour Court may, at any time, for reasons to be recorded in writing, vary the amount of the Commissioner's
fees in consultation with the parties.

(3) The Labour Court may direct that the fees shall be disbursed to the Commissioner in such instalments and on such
dates as it may consider fit.

(4) The undisbursed balance, if any, of the sum deposited shall be refunded to the party or parties who deposited the
sum in the same proportion as that in which it was deposited.

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66. Time for submission of report.--

(1) Every order for the issue of a Commission shall appoint a date, allowing sufficient time, for the Commissioner to
submit his report.

(2) If for any reason the Commissioner anticipates that the date fixed for the submission of his report is likely to be
exceeded, he shall apply, before the expiry of the said date, for extension of time setting forth grounds thereof and the
Labour Court shall take such grounds into consideration in passing orders on the application:

Provided that the Labour Court may grant extension of time notwithstanding that no application for such
extension has been received from the Commissioner within the prescribed time limit.

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67. Local investigation.--

In any industrial dispute in which the Labour Court deems a local investigation to be requisite or proper for the purpose
of communicating the money value of a benefit, the Labour Court may issue a Commission to a person referred to in Rule
64 directing him to make such investigation and to report thereon to it.

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68. Commissioner's Report.--

(1) The Commissioner after such local inspection as he deems necessary and after reducing to writing the evidence
taken by him, shall return such evidence together with his report in writing signed by him to the Labour Court.

(2) The report of the Commissioner and the evidence taken by him (but not the evidence without the report) shall be
evidence in the industrial dispute and shall form part of the record of the proceedings in the industrial dispute, but the
Labour Court, or with the permission of the Labour Court, any of the parties to the industrial dispute may examine the
Commissioner personally before the Labour Court regarding any of the matters referred to him or mentioned in his report
or as to his report, or as to the manner in which he has made the investigation.

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 (3) Where the Labour Court is for any reason dissatisfied with the proceedings of the Commissioner it may direct such
further enquiry to be made as it shall think fit.

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69. Powers of Commissioner.--

Any Commissioner appointed under these rules may, unless otherwise directed by the order of appointment:--

(a) examine the parties themselves and any witnesses whom they or any of them may produce, and any other
person whom the Commissioner thinks proper to call upon to give evidence in the matter referred to him;

(b) call for and examine documents and other things relevant to the subject of enquiry;

(c) at any reasonable time enter upon or into any premises mentioned in the order.

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70. Summoning of witnesses, etc.--

(1) The Provisions of the Code of Civil Procedure, 1908 (Act V of 1908), relating to the summoning, attendance,

examination of 7[witnesses] and penalties to be imposed upon witness, shall apply to persons required to give evidence
or to produce documents before the Commissioner under these rules.

(2) Every person who is summoned and appears as a witness before the Commissioner shall be entitled to payment by
the Labour Court out of the sum deposited under Rule 65 of an allowance for expenses incurred by him in accordance
with the scale for the time being in force for payment of such allowance to witnesses appearing in the Civil Courts.

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71. Representation of parties before the Commissioner.--

The parties to the industrial dispute shall appear before the Commissioner either in person or by any other person who is
competent to represent them in the proceedings before the Labour Court.

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72. Notice of strike.--

(1) The notice of strike to be given by workmen in a public utility service shall be in Form 'L'.

(2) On receipt of a notice of a strike under sub-rule (1), the employer shall forthwith intimate the fact to the Conciliation
Officer having jurisdiction in the matter.

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73. Notice of lock-out.--

The notice of lock-out to be given by an employer carrying on a public utility service shall be in Form 'M'.

8[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:

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 Provided that where a registered Trade Union exists a copy of the notice shall also be served on the Secretary of
the Union.]

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74. Report of lock-out or strike.--

The notice of lock-out or strike in a public utility service to be submitted by the employer under sub-section (3) of
Section 22, shall be in Form 'N'.

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75. Report of notice of strike or lock-out.--

The report of notice of a strike or lock-out to be submitted by the employer under sub-section (6) of Section 22 shall be
sent by registered post or given personally to the Conciliation Officer appointed for the area concerned, with copy by
registered post to:--

(1) The Secretary to the Government in the Labour Department.,

(2) The Labour Commissioner,

(3) The District Magistrate concerned.

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76. Register of settlements.--

The Conciliation Officer shall file all settlements effected under this Act in respect of disputes in the area within his
jurisdiction in a register maintained for the purpose as in Form 'O'.

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9 [76A. Notice of lay-off.--

(1) If any workman employed in an industrial establishment as defined in the explanation below Section 25-A of the
Industrial Disputes Act, 1947 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 and termination of such lay off in Forms O-1 and
O-2 respectively within seven days of such commencement or termination as the case may be.

(2) Such notices shall be given by an employer in every case irrespective of whether, in his opinion, the workman laid-off
is or is not entitled to compensation under Section 25-C.]

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10 [76B. Application for permission for lay-off under Section 25-M.--

(1) Application for permission to lay-off any workman under sub-section (1), or for permission to continue a lay-off under
sub-section

(2) of Section 25-M shall be made in Form O-3 and delivered to the authority specified under sub-section (1) either

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 personally or by registered post acknowledgement due and where the application is sent by registered post the date on
which the same is delivered to the said authority shall be deemed to be the date on which the application is made for
the purposes of sub-section (4) of the said section.

(2) The application for permission shall be made in triplicate and sufficient number of copies of the application for service
on the workmen concerned shall also be submitted along with the application.

(3) The employer concerned shall furnish to the authority to whom the application for permission has been made such
further information as the authority considers necessary for arriving at a decision on the application as and when called
for by such authority, so as to enable the authority to communicate the permission or refusal to grant permission within
the period specified in sub-section (4) of Section 25-M.

(4) Where the permission to lay-off has been granted by the said authority, the employer concerned shall give to the
Commissioner of Labour in Karnataka, Bangalore, a notice of commencement and termination of such lay-off in Form O-1
and O-2 respectively and where permission to continue a lay-off has been granted by the said authority, employer shall
give to the Commissioner of Labour in Karnataka a notice of commencement of such lay-off in Form O-1, in case such a
notice has not already been given under sub-rule (1) of Rule 76-A, and a notice of termination of such lay-off in Form
'O-2'.

(5) The notice of commencement and termination of lay-off referred to in sub-rule (4) shall be given within the period
specified in sub-rule (1) of Rule 76-A.]

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11 [77. Notice of retrenchment.--

If any employer desired to retrench any workman employed in his industrial establishment who has been in continuous
service for not less than one year under him (hereinafter referred to as 'workman' in this rule and in Rules 78 and 79), he
shall give notice of such retrenchment as in Form 'P' to the State Government, the Commissioner of Labour, the Regional
Deputy Labour Commissioner and the Employment Exchange concerned and such notice shall be served on the
Government, the Commissioner of Labour, the Regional Deputy Labour Commissioner and the Employment Exchange by
registered post in the following manner:--

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

(b) Where no notice is given to the workman and he is paid one month's wages in lieu thereof, notice of
retrenchment shall be sent within three 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 State Government, the Commissioner of Labour, the
Regional Deputy Labour Commissioner, and the Employment Exchange concerned, at least one month before such
date:

Provided that if the date of termination of service agreed upon is within 30 days of the agreement, the
notice of retrenchment shall be sent to the State Government, the Commissioner of Labour, the Regional
Deputy Labour Commissioner, and the Employment Exchange within 3 days of the agreement.

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77A. Notice of, and application for permission for retrenchment.--

(1) Notice under clause (c) of sub-section (1) of Section 25-N for retrenchment shall be served in Form 'P-A' and served
on the State Government or such authority as may be specified by that 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 State Government or the authority shall be deemed to be the date of service of the
notice for the purposes of sub-section (3) of the said section.

(2) Application for permission for retrenchment under sub-section 4 of Section 25-N shall be made in Form 'P-B' (with
attested copy of the notice given by the employer under clause (a) of Section 25-F appended thereto) and delivered to
the State Government or to such authority as may be specified by that Government either personally or by registered
post acknowledgement due and where the application is sent by registered post the date on which the same is delivered
to the State Government or the authority shall be deemed to be the date on which the application is made for the
purposes of sub-section (5) of the said section.

(3) The notice or, as the case may be, the application shall be served or made in triplicate and sufficient number of
copies of the application for service on the workmen concerned shall be submitted along with the notice, or as the case
may be, the application.

(4) The Employer concerned shall furnish to the State Government or the authority to whom the notice for retrenchment
has been given or the application for permission for retrenchment has been made under clause (c) of sub-section (1) or
as the case may be, sub-section (4) of Section 25-N, such further information as the State Government, or as the case
may be, the authority considers necessary for arriving at a decision on the notice or, as the case may be, the
application as and when called for by such authority so as to enable the State Government or the authority to
communicate its permission or refusal to grant permission with the period specified in sub-section (3) or, as the case
may be, sub-section (5) of the said Section 25-N.

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77B. Notice of closure.--

If an employer intends to close down an undertaking, he shall give notice of such closure in Form 'Q' to the State
Government, the Commissioner of Labour, the Regional Deputy Labour Commissioner and the Employment Exchange
concerned, by registered post.

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77C. Notice of, and application for permission for closure.--

(1) Notice under sub-section (1) of Section 25-O of intended closure shall be given in Form 'Q-A' and served on the
State Government either personally or by registered post acknowledgement due.

(2) Application for permission to close down an undertaking under sub-section (3) of Section 25-O shall be made in Form
'Q-B' (with attested copy of the notice served by the employer under sub-section (1) of Section 25-FFA appended
thereto) and delivered to the State Government either personally or by registered post acknowledgement due and where
the application is sent by registered post the date on which the same is delivered to the State Government shall be

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 deemed to be the date on which the application is made for the purposes of sub-section (4) of the said section.

(3) The notice or, as the case may be, the application shall be made in triplicate.

(4) The Employer concerned shall furnish to the State Government to whom the notice of intended closure has been
given or the application for permission to close down has been made such further information as the Government
considers necessary and calls for from such employer, for arriving at a decision on the notice, or, as the case may be,
the application.]

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78. Maintenance of seniority list of workmen.--

The employer shall prepare a list of all workmen in the particular category from which retrenchment is contemplated,
arranged according to the seniority of their service in that category and cause a copy thereof to be posted on as notice
board in a conspicuous place in the premises of the industrial establishment at least seven days before the actual date
of retrenchment.

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12[79. Re-employment of retrenched workmen.--

(1) At least ten days before the date on which vacancies are to be filled, the employer shall arrange for a display on a
notice board in a conspicuous place in the premises of the Industrial Establishment details of those vacancies and shall
also give intimation of those vacancies to every one of the retrenched workmen eligible to be considered therefor, by
registered post, acknowledgement due to the address given by him at the time of the retrenchment or at any time
thereafter. After having sent such an intimation as above, the employer shall wait for seven days and if in the meanwhile
the notice is returned without service to the addressee or is not returned he shall again send another notice of
intimation by registered post with acknowledgement due:

Provided that if a retrenched workman does not offer himself for re-employment in spite of the intimation sent by
the employer in the manner indicated above within a period of seven days from the date of service of the notice
or seven days from the date of issue of second notice whichever is later the employer may not intimate to him
the vacancies that may be filled on any subsequent occasion:

Provided further that where the number of such vacancies is less than the number of retrenched workmen, it
shall be sufficient, if intimation is given by the employer individually to the seniormost retrenched workmen, in the
list referred to in Rule 78 the number of such workmen being not less than double the number of such vacancies:

Provided further that where the vacancy is of a duration of less than one month there shall be no obligation on
the employer to send intimation of such vacancy to individual retrenched workmen.

(2) Immediately after complying with the provisions of sub-rule (1), the employer shall also inform the Trade Unions
connected with the Industrial Establishment, of the number of vacancies to be filled and names of the retrenched
workmen to whom intimation has been sent under that sub-rule:

Provided that the provisions of this sub-rule need not be complied with by the employer in any case where
intimation is sent to every one of the workmen mentioned in the list prepared under Rule 78.]

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80. Penalties.--

Any breach of these rules shall be punishable with fine not exceeding fifty rupees.

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13 [81. Repeal and savings.--

(1) The Industrial Disputes (Karnataka) Rules, 1951.

(2) The Madras Industrial Disputes Rules, 1948, as in force in the South Kanara District and Kollegal Taluk.

(3) The Industrial Disputes (Bombay) Rules, 1947, as in force in the Districts of Belgaum, Bijapur, North Kanara and
Dharwar.

(4) The Hyderabad Industrial Disputes Rules, 1950, as in force in the Gulbarga, Bidar and Raichur Districts, and

(5) The Industrial Disputes (Central) Rules, 1947, as in force in the Coorg District, 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.]

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______________________
1. Clause (b) substituted by Notification No. LLH 258 ILD 58, dated 19/23-11-1959.

2. Clause (c) inserted by GSR 240, dated 1-7-1968, KGD 11-7-1968.

3. Substituted for the figures, letters and word "30th Septem ber" by GSR 82, dated 9-2-1970, KGD 19-3-1970.

4. Substituted for the word "receipts" by Notification No. LLH 195 ILD 57, dated 18-12-1962.

5. Inserted by GSR 82, dated 9-2-1970, KGD 19-3-1970.

6. Rule 63 substituted by GSR 163, dated 27-2/18-3-1967, KGD 6-4-1967.

7. Substituted for the word "witness" by Notification No. LLH 195 ILD 57, dated 18-12-1962.

8. Added by Notification No. LLH 225 LLB 59, dated 26-5-1960 KGD 2-6-1960.

9. Rule 76-A inserted by Notification No. LLH 302 LLE 59, dated 10-10-1960 KGD 20-10-2960

10. Rule 76-B inserted by Notification No. SW L 38 LLE 76, dated 22-6-1976, KGD 30-7-1976.

11. Rule 77 substituted as Rules 77, 77-A, 77-B and 77-C by Notification No. SW L 38, LLE 76, dated 22-6-1976, KGD 30-7-1976.

12. Rule 79 substituted by Notification No. LLH 315 ILD 58, dated 22-6-1959.

13. Rule 81 substituted by Notification No. LLH 195 ILD 57, dated 27-8-1957 and shall always be deem ed to have been substituted.

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