THE TAMIL NADU INDUSTRIAL DISPUTES RULES, 1958

S.R.O. No. A-8258 of 1958- In exercise of the powers conferred by section 38 of the Industrial
Disputes Act, 1947 (Central Act XIV of 1947), the Governor of Madras hereby makes the
following Rules, the same having been previously published as required by sub-section (1) of the
said section:
PRELIMINARY
1
1. [Short title and extent
(1) These rules may be called the 2[Tamil Nadu] Industrial Disputes Rules, 1958.
(2) They shall extend to the whole of the State of Madras including the territories
specified in the Second Schedule to the Andhra Pradesh and Madras (Alteration of
Boundaries) Act, 1959 (Central Act 56 of 1959).]
2. Definitions
(1) In these rules, unless there is anything repugnant in the subject or context:
(a) "Act" means the Industrial Disputes Act, 1947 (Central Act XIV 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;
(d) "form" means a form set out In the Schedule to these rules;
(e) "registered trade union in" means a Trade Union registered under the Indian
Trade Unions Act, 1926 (Central Act XVI of 1926);
(f) "section" means a section of the Act.
(2) In relation to an Industry carried on by or under the authority of a department of the
State Government, the Officer in charge of the industrial establishment concerned
or such other Officer as may be notified by the State Government from time to time
shall be the "employer" In respect of that establishment, within the meaning of
clause (g) of section 2.
WORKS COMMITTEE
3. Constitution
Any employer to whom an order made under sub-section (1) of 3 relates shall forthwith
proceed to constitute a Works Committee in the manner specified in the following rules.
4. Number of members
The number of members constituting the Committee shall be fixed by the employer so as
to afford representation to the various categories, groups and classes of workmen
engaged in, and to the sections, shops or departments of the establishment:
Provided that the total number of members shall not exceed twenty.
5. Representatives of the employer
The representatives of the employer shall be nominated by the employer, and shall, as far
as possible, be the manager and the senior officials in direct touch with, or associated
with, the working of the establishment.
6. Representatives of the workmen
The representatives of the workmen shall be elected by the workmen engaged in the
establishment:
 Provided that the employer may, if he thinks fit, divide the workmen entitled to vote into
different electoral constituencies so as to afford representation to the various categories,
groups and classes of workmen, and to the sections, shops and departments of the
establishment and direct that the workmen shall vote in the constituencies in which their
names are included.
MW
7. Consultation with the trade unions
The employer shall consult the registered trade union or unions, if any, in which the
workmen of his establishment are members, in regard to the matters specified in rules 4
and 6.
8. Qualification of candidates for election
Any workman of not less than 19 years of age and with a service of not less than five years
in the establishment may, if nominated as provided in these rules, be a candidate (or
election as a representative of the workmen on the Committee:
Provided that the service qualification shall not apply to the first election in an
establishment which has been in existence for less than five years:
Provided further than the aggregate service of a workman in different concerns under the
same employer shall be taken into account for the purpose of this rule, if the standing
orders provide for transfer of workmen from one such concern to another.
9. Qualification for voters
All workmen, who have been employer in the establishment for more than six months
3
[ending with the date fixed by the employer under sub-rule (1) of rule 10] shall be
entitled to vote in the election of the representatives of workmen.
10. Procedure for election
(1) The employer shall fix a date as the closing date for receiving nominations from
candidates for election as workmen's representatives on the Committee.
(2) For holding the election, the employer shall also fix a date, which shall not be earlier
than three days and not later than ten days, after the closing date for receiving
nominations.
(3) The dates so fixed shall be notified at least seven days in advance to the workmen
and the registered trade union or unions concerned. Such notice shall be affixed on
the notice board in the establishment. The notice shall specify the number of
persons to be elected by the groups, sections, shops or departments.
 (4) A copy of such notice shall be sent to the registered trade union or unions
concerned.
11. Nomination of candidates for election
(1) Every nomination shall be made on a nomination paper in Form "A" copies of which
shall be supplied by the employer to the workmen requiring them.
(2) Each nomination paper shall be signed by the candidate to whom it relates and
attested by at least two other voters belonging to the electoral constituency
concerned and shall be delivered to the employer.
12. Scrutiny of nomination papers
(1) On the day following the last day fixed for filing nomination papers, the nomination
papers shall be scrutinised by the employer in the presence of the candidates and
the attesting persons, and those which are not valid shall be rejected.
(2) For the purpose of sub-rule (1), a nomination paper shall be held to be not valid if:
(i) the persons nominated is not eligible to be a candidate under rule 8; or
(ii) the requirements of rule 11 have not been complied with:
Provided that where a candidate or an attesting person is unable to be
present at the time of scrutiny, he may send a duly authorised nominee for
the purpose.
13. Voting in election
(1) If the number of candidates, who have been validly nominated is equal to the number
of seats, the candidates shall be forthwith declared duly elected.
(2) If, in any constituency, the number of candidates is more than the number of seats
allotted to it, voting shall take place on the day fixed for election.
The election shall be held in such manner as may be convenient for each electoral
(3)
constituency:
4
[Provided that voting shall be by secret ballot.]
The voting shall be conducted by the employer, and, if any of the workmen concerned
(4) belongs to a registered trade union, by such of them as the registered trade union may
nominate.
5
[Every workman entitled to vote at an electoral constituency shall have as many votes
(5) as there are seats to be filled in the constituency:
Provided that each voter shall be entitled to cast only one vote in favour of any one
candidate.]
14. Arrangements for election
The employer shall be responsible for all arrangements in connection with the election.
15. Term of office
(1) The term of office of workmen's representatives on the Committee, other than a
member chosen to fill a casual vacancy, shall be six years:
 Provided that in the case of the Committee constituted for the first time after these rules come
into force, as nearly as may be, one-third of the total number of representatives shall retire at
the end of two years and, as nearly as may be, half the number of the remaining representatives
shall retire at the end of the fourth year.
Explanation- The names of the representatives for the purpose of the above proviso shall be
determined by the Chairman of the Committee by drawing lots from among the members:
Provided further that the above rule shall not apply in the case of the Works Committee
functioning on the day on which these rules come into force. The term of such a Committee
shall be three years from the date of Its first meeting, at the end of which period it shall be
reconstituted according to these rules.
(2) A member chosen to fill a casual vacancy shall hold office for the unexpired term of his
predecessor.
(3) The nominations of employer's representatives on the Committee may be cancelled and
fresh nominations made by the employer at any time after giving previous notice to the
members of the Committee.
6
[Vacancies
Vacancies in a Committee shall be filled up:
(i) In the event of workmen's representatives ceasing to be a member under sub-rule
(1) of rule 15 or ceasing to be employed in the establishment or in the event of his
ceasing to represent the trade or vocation he was representing or his resignation or
death, his successor shall be elected in accordance with category, group, class,
section, shop or department to which the member vacating the seat belonged;
(ii) on the employer's side, by nomination by the employer as provided for in sub-rule
(3) of rule 15.]
17. Officers of the Committee
(1) The Committee shall have among its office-bearers, a Chairman, a Vice-Chairman, a
Secretary and a Joint Secretary. The Secretary and the Joint Secretary shall be
elected every year.
(2) The Committee shall elect the Chairman and the Vice-Chairman:
Provided that where the Chairman is elected from amongst the representatives of
the employer, the Vice-Chairman shall be elected form amongst the representatives
of workmen and vice versa:
Provided further that the post of the Chairman or the Vice-Chairman, as the case
may be, shall not be held by a representative of the employer or the workmen for
two consecutive terms.
(3) The Committee shall elect the Secretary and the Joint Secretary:
16.
Provided that where the Secretary is elected from amongst the representatives of
the employers, the Joint Secretary shall be elected from amongst the
representatives of workmen and vice versa:
 Provided further that the post of the Secretary or the Joint Secretary, as the case
may be, shall not be held by a representative of the employer or the workmen for
two consecutive years.
18. Number of meetings
7
(1) [The Committee may meet as often as necessary, but not less than once in every
month:
Provided that in the case of a seasonal establishment which works only for a part of
the year, the Committee shall meet only during the season when the establishment
works.
8
(2) [Copies of the decision arrived at each meeting shall be sent to the Deputy
Commissioner of Labour and Labour Officer having jurisdiction over the area in
which the establishment concerned is situated within 14 days of the date of the
meeting.]
9
19. [Transaction of business
The Committee shall transact business in accordance with the by-laws framed by It which
shall be subject to the approval of the Deputy Commissioner of Labour having jurisdiction
over the area in which the establishment concerned is situated.]
20. Facilities for meeting, etc.
Accommodation for holding meetings of the Committee shall be provided by the
employer. He shall also provide all necessary facilities to the Committee and to the
members thereof for carrying out the work of the Committee.
21. Dissolution of works committee
The State Government, or where the power under section 3 has been delegated to any
officer or authority under section 39, such officer or authority may, after making such
inquiry as it or he may deem fit, dissolve any Works Committee at any time by an order In
writing, if it or he is satisfied that the Committee has not been constituted in accordance
with these rules or that not less than two thirds of the number of representatives of the
workmen have, without any reasonable justification, failed to attend three consecutive
meetings of the Committee or that the Committee has, for any other reason, ceased to
function:
Provided that where a Committee is dissolved under this rule, the employer shall take
steps to reconstitute the Committee in accordance with these rules.
CONCILIATION 22. Conciliation proceedings in public
utility service
The Conciliation Officer, on receipt of notice of strike or lock-out given under rule 59 shall
forthwith arrange to interview both the employer and the workmen concerned with the
dispute at such places and at such times as he may deem fit and shall endeavour to bring
about a settlement of the dispute in question.
23. Conciliation proceedings in non-public utility service
(1) Where the Conciliation Officer receives any information about an existing or
apprehended industrial dispute which does not relate to a public utility service and
he considers it necessary to intervene in the dispute, he shall give formal Intimation
to the parties concerned declaring his intention to commence conciliation
proceedings with effect from such date as may be specified therein.
 (2) The Conciliation Officer may hold a meeting of the representatives of both the
parties jointly or of each party separately.
(3) The Conciliation Officer shall conduct the proceedings expeditiously and in such
manner as he may deem fit.
24. Parties to submit statements
The party representing workmen involved 10[or the workman or workmen
concerned] in an industrial dispute in respect of which no notice has been given
under rule 59 shall forward to the Conciliation Officer concerned before such date
as may be specified by him for commencing the conciliation proceedings a
statement in duplicate setting forth:
(a) the parties to the dispute;
(b) the nature and cause of the dispute Including any demands made by
eithe
r
party on the other to which exception is taken by the opposite party;
(c) an estimate of the number of persons affected or likely to be affected by
the
dispute; and
(d) the efforts made by the parties themselves to settle the dispute.
A copy of the statement shall also be furnished simultaneously by registered
post to the employer. Within seven days from the date of receipt of the
statement, the employer may file his reply statement before the Conciliation
Officer.
25. Memorandum of settlement
(1) A settlement arrived at in the course of conciliation proceedings or otherwise, shall
be in Form B.
(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; and
(b) In the case of workmen, either by the 11[President or Secretary] of a registered
trade union of workmen or by two office-bearers of the union authorised by
the 12[President or Secretary] or by five representatives of workmen duly
authorised in this behalf at a meeting of the workmen held for the purpose
and attended by a majority of the workmen concerned:
Provided that where the number of workmen affected is not more than 2, the
settlement may be signed by the workman or workmen concerned;
13
(c) [in the case of an industrial dispute raised in pursuance of section 2A, by the
workmen concerned.]
(3) The parties to a settlement arrived at otherwise than in the course of conciliation
proceedings shall send a copy thereof to the Conciliation Officer concerned, the
Commissioner of Labour, Madras and the Secretary to the Government of Madras
in-charge of Labour.
(4) The Conciliation Officer shall maintain a record of all settlements effected under the
 Act in respect of disputes in the area within his jurisdiction in a register in Form 'C'.
14
25A. [Conciliation failure report
The Conciliation Officer shall send the report under sub-section (4) of section 12 of the Act
to the Secretary to Government of Tamil Nadu, Labour Department, Fort. St. George,
Madras, through the Commissioners of Labour, Madras.]
25B. 15[Application to Labour Court by workmen
(1) Where no settlement is arrived at in the course of any conciliation proceeding taken
in the case of an industrial dispute referred to in sub-section (1) of section 2-A, the
Conciliation Officer shall send an intimation to the aggrieved workman with a copy
marked to the employer, the Commissioner and Secretary to Government, Labour
and Employment Department, Madras 9 and to the Commissioner of Labour,
Madras-6.
(2) On receipt of such intimation, the aggrieved individual workman may apply in Form
C-1 to the Labour Court having jurisdiction over the area for adjudication of such
dispute. Such application shall be in duplicate and filed before the Labour Court,
either personally or by registered post. A copy of the intimation received from the
Conciliation Officer under sub-rule (1) shall be filed along with the application.]
ARBITRATION
26. Arbitration agreement
An arbitration agreement for the reference of an industrial dispute to an arbitrator or
arbitrators shall be made in Form "D" and shall be delivered personally or forwarded by
registered post 16[to the Secretary to the Government of Madras in charge of Labour (in
triplicate)], the Commissioner of Labour, Madras, and the Conciliation Officer concerned.
17
[The agreement shall be accompanied by the consent, in writing, of arbitrator "or
arbitrators.]
27. Attestation of the Arbitration Agreement
The arbitration agreement shall be signed:
(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; and
(b) in the case of workmen, either by the 18[President or Secretary], of a trade union of
workmen or by two office bearers of the union authorised by the 19[President or
Secretary], or by five representatives of the workmen duly authorised in this behalf
at a meeting of the workmen held for the purpose and attended by a majority of the
workmen concerned:
Provided that where the number of workmen affected is not more than 5, the
agreement may be signed by all the workmen concerned.
20
(c) [in the case of an industrial dispute raised in pursuance of section 2A, by the
workmen concerned.
27A. 21[Notification regarding arbitration agreement by majority of each party
Where an industrial dispute has been referred to arbitration and the State Government is
Satisfied that the persons making the reference represent the majority of each party, it
shall publish a notification in this behalf in the Official Gazette for the information of the
employers and workmen who are not parties to the arbitration agreement, but are
 Concerned in the dispute.]
MCI
REFERENCE OF INDUSTRIAL DISPUTES UNDER SECTION 10 (2)
28. Application
(1) 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 'E' and
shall be accompanied by a statement setting forth;
(a) the parties to the dispute;
(b) specific matters in dispute and the cause of "the dispute including any
demand made by either party on the other to which exception is taken by the
opposite party,
(c) the total number of workmen employed in the undertaking;
(d) the estimate of the number of persons affected or likely to be affected by
the dispute;
(e) the efforts made by the parties themselves to settle the dispute; and
(f) in the case of an application for the appointment of a Court, the specific
matters on which an enquiry by a Court is desired.
(2) The application and the statement shall be forwarded in triplicate by registered post
to the Secretary to the Government of Madras in charge of Labour. A copy of the
application and the statement shall also be forwarded to the Commissioner of
Labour, Madras.
(3) In case of a separate application by one of the parties to the dispute, a copy thereof
shall be sent to the opposite party/ parties also.
29. Attestation of application
The application and the statement accompanying it shall be signed:
(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;
(b) in the case of workmen, either by the 22[President or Secretary] of a trade union of
workmen or by two office-bearers of the Union authorised by the 23[President
33. Quorum
or Secretary], or by five representatives of the workmen duly authorised in this behalf at a
meeting of the workmen held for the purpose and attended by a majority of the
workmen concerned; and
24
(c) [In the case of an industrial dispute raised in pursuance of section 2-A, by the
workman concerned.]
BOARD OF CONCILIATION
30. Notice to parties to nominates representatives
(1) The State Government shall, before constituting a Board, Issue to the parties to
the dispute, a notice In Form "F" requiring them to intimate the names of persons
whom they recommend for appointment as their representatives on the Board.
(2) The notice shell:
(i) In the case of an employer, be sent to the employer himself or, when the
employer Is an incorporated company or other body corporate, to the agent,
manager or other principal officer of the Corporation;
(ii) in the case of workmen who are members of a registered trade union, be sent
to the Secretary of the Union; and
(iii) In the case of workmen in any establishment for whom there is no registered
trade union, be served on any two of the signatories to the application under
rule 29 and a copy of the notice shall also be affixed to a conspicuous place in
the premises of the establishment or published in one or more newspapers
which the State Government consider suitable for the purpose.
POWERS PROCEDURE AND DUTIES OF BOARDS COURTS LABOUR COURTS TRIBUNALS AND
ARBITRATORS
31. Place and time of sitting
The sittings of a Board, Court, Labour Court or Tribunal or of an Arbitrator shall be held at
such places and times as the Chairman, Labour Court, Tribunal or Arbitrator, as the case
may be, may fix, and the Chairman, Labour Court, Tribunal or Arbitrator, as the case may
be, shall inform the parties in such manner as he it thinks fit, of the time and place at
which the sittings are to be held:
Provided that, so far as practicable, the sittings of the Board, Court, Labour Court or
Tribunal or of the Arbitrator shall be held in the locality within which the dispute to which
the proceedings before It relate, arose.
32. Proceedings to be pubic
The proceedings of a Court, Labour Court or Tribunal shall be held in public:
Provided that the Court, Labour Court or Tribunal may, at any stage, direct that any
witness shall be examined or Its proceeding shall be held in camera.
The quorum necessary to constitute a sitting of a Board or Court shall be as follows:
Quorum
(i) In the case of a Board:
Where the number of members Is 3- 2
where the number of members Is 5- 3
(ii) In the case of a Court
 Where the number of members Is not more than 2- 1
Where the number of members Is more than 2,but less than 5- 2
Where the number of members Is 5 or more- 3
25
34. [Proceeding before the Labour Court or Tribunal
(1) While referring an Industrial dispute for adjudication to a Labour Court or Tribunal,
the State Government shall direct the party raising the dispute to file a statement of
claim complete with relevant documents and list of witnesses, with the Labour
Court or Tribunal within fifteen days of the receipt of the order of reference and also
to forward a copy of such statement of claim to each one of the opposite parties
Involved in the dispute.
(2) The Labour Court or Tribunal after ascertaining that copies of statement of claim
have been furnished to the other side by the party raising the dispute shall fix the
first hearing on a date not beyond one month from the date of receipt of the order
of reference and the opposite party or parties shall file their written statements,
together with documents and list of witnesses within a period of fifteen days from
the date of first hearing and simultaneously forward a copy thereof to the other
party.
(3) Where the Labour Court or Tribunal, as the case may be, finds that the party rolling
the dispute though directed by the State Government did not forward the copy of
the statement of claim to the opposite party or parties, it shall give direction to the
concerned party to furnish the copy of the statement to the opposite party or
parties and for the said purpose or for any other sufficient cause, extend the time
limit for filing the statement under sub-rule (1) or written statement under subrule
(2) for a further period not exceeding fifteen days.
(4) The party raising a dispute may submit a rejoinder If It chooses to do so, to the
written statement(s) filed by the opposite party or parties within a period of
fifteen days from the date of filing of the written statement(s).
(5) The Labour Court or Tribunal, as the case may be, may allow at any stage of the
proceedings, amendment to such statement or rejoinder to the extent necessary for
the purpose of determining the real Issues Included in the order of reference.
(6) The Labour Court or Tribunal, as the case may be, shall fix a date for taking
evidence within one month from the date of receipt of the statements, documents
and list of witnesses, which shall be ordinarily within sixty days from the date on
which the dispute has been referred for adjudication.
(7) Evidence shall be recorded either orally or through an affidavit but in the case of an
affidavit, the opposite party shall have the right to cross-examine each of the
deponents filing the affidavit. As the oral examination of each witness proceeds, the
Labour Court or Tribunal shall make a memorandum of the substance of what Is
being deposed. While recording the evidence, the Labour Court or Tribunal shall
follow the procedure laid down In Order XVIII of Rule 5 of the First Schedule to the
Code of Civil Procedure, 1908.
(8) After the evidence is recorded, either arguments shall be heard immediately or a
date shall be fixed for arguments/oral hearing which shall not be beyond a period of
fifteen days from the date of closing of the evidence.
33. Quorum
(9) The Labour Court or the Tribunal, as the case may be, shall not grant more than
three adjournments in any case and such adjournment shall not exceed a period of
seven days at a time:
\<M
Provided that where the Labour Court, or Tribunal, as the case may be, is of opinion
that the adjournment granted for a period of seven days at any one time Is not
sufficient such Labour Court or Tribunal may, for reasons to be recorded in writing
grant adjournment for a period exceeding seven days.
(10) In case, any party default or fails to appear at any stage, the Labour Court or
Tribunal as the case may be, may proceed ex-prate and decide the reference
application in the absence of the defaulting party.
(11) Notwithstanding anything contained in sub-rule (10), the Labour Court or the
Tribunal, as the case may be, may, before submitting the award to the State
Government, revoke the ex-prate proceedings on the application of the party made
within 15 days of the ex-prate proceedings if it Is satisfied that the party has been
prevented from attending the proceedings for valid reason.
Provided that an application may be admitted after the said period of 15 days, If the
applicant satisfies the Labour Court or; Tribunal, as the case may be, that he had
sufficient cause for not preferring the application within that period.
(12) The Labour Court or Tribunal, as the case may be, shall submit its award to the
State Government within one month from the date of oral hearing/arguments or
within the period mentioned in the order of reference whichever is earlier.
(13) In respect of reference under section 2-A, the Labour Court or Tribunal as the case
may be, shall ordinarily submit lb award within a period of three months or within
such period which the. Labour Court or Tribunal, as the case may be, may extend,
for reasons to be recorded in writing.
35. Preliminary enquiry
A Labour Court or Tribunal, while Investigating any Industrial dispute, may in its
discretion, settle the issues in the light of a preliminary enquiry, which it may hold for
the purpose, and thereafter adjudicate the said dispute.
36. Summons
(1) Summons issued by a 26[Conciliation Officer], Board, Court, Labour Court or Tribunal
shall be in the following form:
 Summons to the parties to the dispute—Form "G".
Summons to witnesses to appear and give evidence —Form "H".
Summons for production of documents—Form "I".
(2) Whenever the validity of the standing orders made under the Industrial Employment
(Standing Orders) Act, 1946 (Central Act XX of 1946) is challenged, a Labour Court or
Tribunal may summon the certifying officer as defined in that Act and call for the
production of any documents in his possession.
37. Service of summons or notice
(1) Where there are numerous persons as parties to any proceedings before a
“[Conciliation Officer], Board, Court, Labour Court or Tribunal or an Arbitrator, and
such persons are members of any trade union or association, the service of notice
on the Secretary, or where there is no Secretary, on the principal officer of the union
or association shall be deemed to be service on persons.
(2) Where there are numerous persons as parties to any proceedings before a
“[Conciliation Officer], Board, Court, Labour Court or Tribunal or an Arbitrator and
such persons are not members of any trade union or association, the “[Conciliation
Officer], Board, Court, Labour Court or Tribunal or the Arbitrator may, where
personal service is not practicable cause the service of any notice to be made by
affixing the same at or near the main entrance of the establishment concerned.
(3) A notice served as specified in sub-rule (2) shall be considered as sufficient in the
case of such workmen as cannot be ascertained and found.
(4) Subject to the provisions of sub-rules (1) to (3), any notice, summons, process or
order issued by the 30[Conciliation Officer], Board, Court, Labour Court or Tribunal or
an Arbitrator empowered to issue such notice, summons, process or order, may be
served either personally or by registered post.
31
(5) [In case the service contemplated in sub-rule (4) proves ineffectual such notice,
summons, process or order may be sent along with a letter of request to the District
Judge of the area concerned for service through the Nazareth under his control.]
38. Documents
All books, papers and other documents or things produced before a “[Conciliation Officer],
Board, Court, Labour Court or Tribunal or an Arbitrator, whether voluntarily or in
pursuance of a summons, may be inspected by the 33[Conciliation Officer], Board, Court,
Labour Court or Tribunal, or the Arbitrator, and also by such parties as the 34[Conciliation
Officer], Board, Court, Labour Court or Tribunal, or the Arbitrator allows; but the
information obtained there from shall not, except as provided in the Act, be made public,
and such parts of the books, papers, documents or things as, in the opinion of the
“[Conciliation Officer], Board, Court, Labour Court or Tribunal, or the Arbitrator, do not
relate to the matters at issue may be sealed up.
A “[Conciliation Officer], Board, Court, Labour Court or Tribunal, or an Arbitrator may call
for, admit or accept any evidence at any stage and in any manner, which in equity and
good conscience he thinks fit.
40. Administration of oath
Any member of a Board or Court or any Labour Court, or Tribunal, or an Arbitrator may
administer oath.
39. Evidence
41. Recording of evidence
Evidence adduced before a Court, Labour Court or Tribunal or an Arbitrator shall be
recorded in the form of memorandum of evidence as laid down in rule 13 of Order XVIII in
the First Schedule to the Code of Civil Procedure, 1908 (Central Act V of 1908). Such
memorandum shall be a substance of what the witness deposes and shall be written and
signed by the Chairman of the Board or Court, or by the Labour Court or Tribunal or the
arbitrator, as the case may be:
“[Provided that the Board, Court, Labour Court or Tribunal or an Arbitrator, as the case
may be, may follow the procedure laid down in rule 5 of Order XVIII of the First Schedule
to the Code of Civil Procedure 1908 (Central Act V of 1908), if it or he considers necessary
so to do, in view of the nature of the particular industrial dispute pending before It or
him.]
42. Power of entry and inspection
A Conciliation Officer, a Board or Court, or any member thereof, or a Labour Court,
Tribunal or an Arbitrator or any person authorised in writing by the Conciliation Officer,
Board, Court, Labour Court, Tribunal or Arbitrator In this behalf may, for the purpose of
any conciliation, investigation, enquiry or adjudication entrusted to the Conciliation
Officer, Board, Court, Labour Court, Tribunal or an Arbitrator under the Act, at any time
between the hours of sunrise and sunset, and in the case of a person authorised in writing
by a Conciliation Officer, Board, Court, Labour Court, Tribunal or an Arbitrator after he has
given reasonable notice, enter any building, factory, workshop, or other place or premises
whatsoever, and inspect the same or any work, machinery,
appliance
or article therein, or Interrogate any person therein In respect of anything situated
therein or any matter relevant to the subject-matter of the conciliation, investigation,
enquiry or adjudication.
43. Power of Courts Boards Labour Courts and Tribunals
(1) In addition to the powers conferred by sub-sec. (3) of Sec. 11, the provisions of
Order XI in the First Schedule to the Code of Civil Procedure, 1908 (Central Act V of
1908), In so far as they relate to the appearance of plaintiffs and defendants in suits,
shall apply to the appearance of parties in the proceedings before a Court, Board,
Labour Court or Tribunal.
(2) A Court, Board, Labour Court or Tribunal may summon and examine suo motu any
person whose evidence appears to It to be material and it shall be deemed to be a
civil Court within the meaning of sections 480 and 482 of the Code of Criminal
Procedure, 1898 (Central Act V of 1898.)
44. Description of parties in certain cases
Where in any proceeding before a Board, Court, Labour Court or Tribunal or an Arbitrator,
there are numerous persons arrayed on any side, such persons shall be described as
follows:
(1) All such persons as are members of any trade union or association shall be
described by the name of such trade union or association; and
(2) All such persons as are not members of any trade union or association shall be
described in such manner as the Board, Court, Labour Court, Tribunal or Arbitrator,
as the case may be, may determine.
45. Appearance by legal practitioners
A legal practitioner representing a party to a dispute under sub-section (4) of section 36
shall file a memorandum of appearance.
46. Representation of parties in proceedings
(1) The authorisation to represent a worker or workers, under clause (c) of subsection
(1) of section 36, shall be in Form "J". The authorisation to represent an employer,
under clause (c) of sub-section (2) of section 36 shall be In Form " K ". The
authorisation shall be presented to the Conciliation Officer, Board, Court, Labour
Court, Tribunal or Arbitrator and shall form part of the record.
(2) A party appearing by a representative shall be bound by the acts of that
representative.
47. Rights of Representative
The representatives of the parties appearing before a Board, Court, Labour Court, Tribunal
or an Arbitrator, shall have the right of examination, cross-examination and reexamination
and addressing the Board, Court, Labour Court, Tribunal or Arbitrator when any evidence
has been called.
48. Ex-parte proceedings
(1) If, without showing sufficient cause any party to proceedings before the Board,
Court, Labour Court or Tribunal or an Arbitrator fails to attend or to be represented,
the Board, Court, Labour Court, Tribunal or the Arbitrator may proceed as If the
party had duly attended or had been represented.
(2) The Board, Court, Labour Court, or Tribunal or an Arbitrator may, for sufficient cause,
set aside, after notice to the opposite party, the ex-parte decision either wholly or in
part, on an application made within 15 days of the ex-parte decision:
Provided that an application may be admitted after the said period of 15 days, If the
applicant satisfies the Board, Court, Labour Court or Tribunal or Arbitrator, as the
case may be, that he had sufficient cause for not preferring the application within
that period.
(3) An application under sub-rule (2) shall be supported by an affidavit.
48A. 38[Application for restitution
Where and in so far as an ex-parte decision is set aside under rule 48, the Board, Court,
Labour Court, or Tribunal or an Arbitrator shall, on the application of any party entitled to
any benefit by way of restitution or otherwise, cause such restitution to be made as will,
so far as may be, place the parties in the position which they would have occupied but for
such ex-parte decision or such part thereof as has been set aside and for this purpose the
 Board, Court, Labour Court or Tribunal or an Arbitrator may make such orders as may be
deemed necessary.]
49. Assessors
Where assessors are appointed under sub-section (4) of section 7-A or sub-section (5) of
section 11, the Tribunal, Court, or Labour Court shall, in relation to the proceeding before
it, obtain the advice of such assessors, but such advice shall not be binding on it.
50. Decision by majority
All questions arising for decision at any meeting of a Board or Court, save where the Court
consists of one person, shall be decided by a majority of the votes of the members thereof
(including the Chairman) present at the meeting. In the event of an equality of votes, the
Chairman shall have and exercise a second or casting vote.
51. Pronouncement in open Court
39
(1) [Labour Courts and Tribunals may, if they consider expedient so to do pronounce
in open Court their award or the essential features thereof in case of urgency
provided that such oral pronouncement in open Court shall not be made until the
Labour Court or the tribunal, as the case may be, has the text of its award ready
along with the copies Intended for submission to the State Government.]
(2) Labour Courts and Tribunals shall pronounce in open Court their orders on
applications mode by the employers under Section 33 either on the day on which
the hearing Is completed or on some future day of which due notice shall be given
to the parties.
52. Computation of relief in terms of money while passing awards
When any relief is awarded by the Labour Court or Industrial Tribunal on any dispute
referred to It by the State Government for adjudication, the Labour Court or Industrial
Tribunal shall compute the relief so awarded in terms of money If It can be so computed
and specify the amount that should be paid to the party.
53. Complaints to Labour Courts or Tribunal under section 33-A
(1) A complaint under section 33-A shall be in duplicate In Form "L" and filed before the
Labour Court or Tribunal before whom the proceedings are pending either
personally or by registered post. A copy of It shall be served simultaneously either
personally or by registered post with acknowledgment due on the employer. The
nature of service shall be indicated on the copies of the complaint presented to the
Labour Court or Tribunal, as the case may be. The endorsement of service or the
acknowledgement of the opposite party, as soon as It Is received, shall also be filed
before the Labour Court, or Tribunal, as the case may be, without delay.
 (2) Any workman may make the complaint Individually or two or more workmen
having similar grievance may make a joint complaint. The complaint shall be signed
by the complainant or complainants.
(3) Every complaint under sub-rule (1) shall be verified by the workman or workmen
making it or by some other person proved to the satisfaction or the Labour Court or
Tribunal to be acquainted with the facts of the case.
(4) The person verifying shall specify, by references to the numbered paragraphs of the
complaint, what he verified of his own knowledge and what he verified 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 signed.
(6) The employer shall file a counter before the Labour Court or Tribunal either
personally or by registered post within a week from the date of receipt of the
complaint and shall serve a copy of It on the complainant or complainants either
personally or by registered post acknowledgement due. The endorsements of
service or the acknowledgement of the complaint or complaints shall be filed with
the Labour Court or Tribunal, as the case may be, as soon as it is received. The
Labour Court or Tribunal may, in exceptional cases, grant extension of time not
exceeding 15 days for filing the counter. If the counter Is not filed within the
specified time, the Labour Court or Tribunal, shall proceed with the complaint after
giving a week's notice to the parties concerned.
54. Mode of computation of cash value under section 33-C (2) of the Act
(1) 4o 4i[Where any workman is entitled to receive from the employer any money or any
benefit, the workman himself or any other person authorised by the workman or in
the case of death of the workman, his assignee or heirs as the case may be, may
make an application under sub-section (2) of section 33-C to the Labour Court. The
application by the workman shall be made In Form ' M ' and the application by the
assignee or heirs or any person authorised by the workman shall be made in Form
'M-1'.]
The average retail prices at the nearest market for the period of three months
immediately preceding the month for which the wages are to be computed shall be
taken into account in computing the cash value of wages paid in kind and of
concession in respect of essential commodities supplied at concessional rates.
(2)42[The Labour Court shall communicate to the parties, by registered post, a gist of the
order passed on such application as soon as practicable, after conclusion of the hearing.]
(3)43[The Labour Court shall also communicate a copy of the order passed on such
application to the Secretary to Government of Tamil Nadu in-charge of Labour along with a copy
of the earlier order, if any, Issued by it in respect of the same matter.]
44
55. [Correction of errors
A Board, Court, Labour Court, Tribunal or an Arbitrator may at any time correct any
clerical mistake error arising from an accidental slip or omission in any proceedings,
 report, award or decision either of its or his own motion or on the application of any of
the parties. Any such correction in relation to any award if made after the award Is
published shall also be published in the same manner as the original award.]
TRAVELING ALLOWANCE
56. Remuneration of Arbitrators Chairman and Members of Courts and Boards Labour Courts
and Tribunals Assessors Witness and staff
(1) A member of a Court or Board If a non-official, shall be entitled to draw travelling
allowance and halting allowance for any journey performed by him in connection
with his duties as such member at the following rate and subject to the provisions of
the Madras Travelling Allowance Rules:

Railway fare admissible for “[Allowances admissible for

journey by rail. journey by road.] Dally Allowance for halts.
One second class fare plus Rs. 6
46
daily allowance. [24 Paise per Kilometre]
Note: If night Journeys are performed by rail, cost of reserving sleeping
accommodation in second class may be claimed.
(2) If a retired official is appointed as a Labour Court or Tribunal, he shall be eligible to
draw travelling allowance with reference to the pay drawn by him at the time of his
retirement.
47
(3) [The Chairman and members of a Court or Board, Labour Court or Tribunal and
Assessor of a Labour Court or Tribunal wherever the Chairman, Member, Assessor
or other person concerned is not a salaried officer of the Government shall be
granted such fees or honorarium as may be decided by the Courts concerned taking
into account the nature of work involved and the status of the Chairman, Members,
Assessors or any person concerned, subject to the approval of the State
Government in each case.
(4)
(i) Conciliation Officers can be utilised as Assessors purely for fact-finding and
reporting in cases in which their services are considered necessary by the
Industrial Tribunal or Labour Courts. The Conciliation Officers' reports shall not
contain any personal expression of opinions or views that may later
compromise their position as Conciliation Officer in respect of that
establishment.
(ii) The Industrial Tribunal and Labour Courts shall consult the Commissioner of
Labour prior to the appointment of Conciliation Officers as Assessors. The
Commissioner of Labour as the Head of Department, before permitting any
Conciliation Officer to be an Assessor, shall satisfy himself:
(a) that the Conciliation Officer concerned is suitable for taking up the
work of the Assessor, in any particular case, and
(b) that his work as an Assessor shall not interfere with his normal duties
as a Conciliation Officer.
(iii) No Conciliation Officer shall act as an Assessor more than two times in a year.
(iv) The remuneration fixed by the Industrial Tribunal and Labour Courts for the
 work of a 'Conciliation Officer as Assessor shall not exceed in each case 50 per
cent, of the actual pay of the Conciliation Officer.
(v) Drawal of remuneration by the Conciliation Officer for working as Assessor
shall be with the prior approval of the Commissioner of Labour in each case.]
48 49
(4) [ [Wherever the arbitrator Is not a salaried officer of the Government, he shall be
granted such fees or honorarium as may be sanctioned by the State Government in
consultation with him and the parties to the case.]
50
(5) [Every person who is summoned and duly attends as a witness before a Court,
Board, Labour Court, Tribunal or an Arbitrator shall be entitled to an allowance for
expenses according to the scale for the time being in force with respect to witnesses
in civil Courts in the State.
GENERAL
57. Notice of change
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 "N".
51
[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. The notice which is
affixed on the notice board shall be in English, and in any other language understood by
the majority of the workmen in the establishment concerned:
Provided that where any registered trade union of workmen exists, a copy of the notice
shall also be served by registered post on the Secretary of such union. A copy of the notice
shall simultaneously be forwarded by the employer to the Commissioner of Labour,
Madras, and Conciliation Officer concerned.]
52
58. [Omitted]
59. Notice of strike and lock-out
(1) A notice of strike required under sub-section (1) of section 22 shall be in Form "O"
and a notice of lock-out required under sub-section (2) of section 22 shall be in Form
" P " and shall be accompanied by a statement setting forth:
(a) the parties to the dispute;
(b) the nature and cause of the dispute, including any demand made by either
party on the other to which exception is taken by the opposite party;
(c) an estimate of the number of persons affected or likely to be affected by the
dispute; and
(d) the efforts made by the parties themselves to settle the dispute.
(2) The notice and the statement accompanying it shall be signed:
(a) In the case of an employer by the employer himself or when the employer is
an incorporated company or other body corporate, by the agent, manager or
other principal officer of the corporation;
(b) in the case of employees:
(i) where all the employees who are parties to the dispute are members of
a registered trade union, by two officers of the union, duly authorised in
this behalf at a meeting held for the purpose and attended by a majority
of the members of the registered trade union; and
 (ii) in other cases, by not less than five of the employees concerned duly
authorised in this behalf at a meeting held for the purpose and attended
by a majority of the employees affected.
(3) Copies of the notice in Form "O" or Form "P" shall be furnished by registered post
to the opposite party (employer or employees, as the case may be), the Conciliation
Officer having jurisdiction, the District Magistrate of the district, the Commissioner
of Labour, Madras, and the Secretary to the Government of Madras in-charge of
Labour.
53
[The notice in Form "P" shall be displayed conspicuously by the employer on a
notice board at the main entrance to the establishment and in the manager's office:
Provided that where a registered trade union exists, a copy of the notice shall be
served on the Secretary of the said Union.]
(4) The report required to be sent by an employer under sub-section (5) of section 22
shall be sent to the Conciliation Officer and the District Magistrate of the district and
the Commissioner of Labour, Madras, and the Secretary to the Government of
Madras, in-charge of Labour.
59A. 54[Notice of strike and lockout intimation by telephone or telegram
In any industry where the workmen go on strike or the employer declares a lock-out, the
management and the Unions at whose behest the workmen have gone on strike shall give
telephonic or telegraphic intimation within 24 hours from the commencement of strike or
lock-out to the Labour Officer or the Assistant Commissioner of Labour concerned,
specifying:
(i) the total number of workmen in the industry;
(ii) the number of persons involved in the strike or lock-out;
(iii) the causes for the strike or lock-out;
(iv) the names of the unions functioning in the establishment;
(v) the time and date of commencement of the strike or lock-out.
Information regarding commencement of strike or lock-out may be furnished by
telegram where the Labour Officer or the Assistant Commissioner of Labour
concerned could not be contacted over the telephone.]
60. Report of lock-out or strike
The report of a 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 "Q".
60A. 55[Notice of lay-off
(1) If any workman employed in an industrial establishment as denned in the
Explanation to 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 and termination of such lay-off in Forms Q-1 and Q-2
respectively within seven days of the end of the calendar month in which the layoff
commences and that in which it concludes, 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.]
60B. 56[Application for permission to lay-off under section 25-M
(1) Application for permission to lay-off any workman under sub-section (1) of section
25-M shall be made in Form Q-3 and delivered to the authority specified under sub-
section (1) either personally or by registered post with acknowledgment 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 has been made, for the purpose of sub-section (5) of the said section.
(2) The application for permission shall be made in triplicate in Form Q-3. A copy of
such application shall be served simultaneously by registered post on the President
or Secretary of registered trade union(s) 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 to the establishment for the information of all
the workmen concerned at the same time when applications are served on the
prescribed authority.
(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.
(4)
(a) Where the permission to lay-off has been granted by the said authority, the
employer shall give to the Commissioner of Labour a notice of
commencement and termination of such lay off in Form Q-1 and Q-2
respectively.
(b) Where the permission to continue the lay-off has been granted by the said
authority the employer shall give similar notice of commencement and
termination of such lay-off to the Commissioner of Labour in Forms Q-1 and
Q-2 respectively, if such notice has not already been given under sub-rule (1)
of rule 60-A.
 (5) The notice of commencement and termination of lay-off referred to in sub-section
(4) shall be given within the period specified in sub-rule (1) of rule 60-A.]
57
61. [Notice of retrenchment
If any employer desires to retrench any workmen employed in his industrial establishment
who has been In continuous service for not less than one year under him (hereinafter
referred to as 'workmen' In this rule and In rules 62 and 63) he shall give notice of such
retrenchment 58[as required under clause (c) of section 25F In Form 'R'] to the State
Government, the Commissioner of Labour, Madras, the Conciliation Officer having
jurisdiction over the area and the Employment Exchange concerned and such notice shall
be served on that Government, the Commissioner of Labour, Madras, the Conciliation
Officer having jurisdiction over the area and the Employment Exchange concerned by
registered post in the following manner:-
59
(a) [where notice under clause (a) of section 25F 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 60[in lieu
thereof under clause (a) of section 25f, the notice] shall be sent to the State
Government on the date on which such wages are paid; and
(c) where retrenchment is carried out under an agreement which specifies a date 61[for
the termination of service according to proviso to clause (a) of section 25F], notice
of retrenchment shall be sent so as to reach the State Government, the
Commissioner of Labour, Madras, the Conciliation Officer having jurisdiction over
the area 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, Madras, the Conciliation Officer having jurisdiction
over the area and the Employment Exchange concerned, within three days of the
agreement.]
61A. 62[Application for permission for retrenchment
(1)
Notice under clause (a) of sub-section (1) of section 25-N for retrenchment shall be
served on the workman in Form R-1 and on the State Government or such authority
as may be specified by that Government under clause (b) of sub-section
of the said section 25-N either personally or by registered
post with acknowledgement due.
(1) Application for permission for retrenchment under sub-section (2) of section 25- N
shall be made in Form R-2 and delivered to the State Government or to such
authority as may be specified by that Government either personally or by registered
post with acknowledgement due and where the application is sent by the 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 has been made
for the purpose of sub-section (4) of the said section.
(2) The application for permission shall be made in triplicate in Form R-2. A copy of such
application shall be served simultaneously by registered post on the President or
Secretary of registered trade union(s) 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 to the establishment for the information of all the
concerned workmen at the same time when applications are served on the
prescribed authority.
(3) The employer concerned shall furnish to the State Government or the authority
specified to whom the application for permission for retrenchment has been made,
such further Information as the State Government or, the authority specified
considers necessary for arriving at a decision on the application as and when called
for by the State Government or by such authority.]
61AA. 63[Notice of closure
If an employer Intends to close down an undertaking, he shall give notice 64[of such
closure as required under section 25FFA In Form ' R-3 '] to the State Government, the
Commissioner of Labour, the Conciliation Officer having jurisdiction over the area in which
the undertaking is situated and the Employment Exchange concerned, by registered post.]
61B. ^[Application for permission for closure
(1) Application for permission to close down an undertaking under sub-section (1) of
section 25-O shall be made in Form R-4 and delivered to the State Government
either personally or by registered post with 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 deemed to be the date on which the application has
been made for the purpose of sub-section (3) of the said section.
(2) The application for permission shall be made in triplicate in Form R-4. A copy of
such application shall be served simultaneously by registered post or on the
President or Secretary of registered trade union(s) 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 to the establishment for the information of all
the concerned workmen at the same time when applications are served on the State
Government.
(3) The employer concerned shall furnish to the State-Government to whom the
application for permission to close down has been made, such further information
as that Government considers necessary, for arriving at a decision on the
application.]
62. Maintenance of seniority list of workmen
(1) The employer shall prepare and maintain a list of all workmen in each category
employed in his establishment, their names being arranged according to seniority of
service in the category concerned. He shall make out copies of the list of all
workmen In the particular category in which retrenchment is contemplated
indicating in it clearly the names of all those who are proposed to be retrenched and
cause copies of such list to be pasted on the notice board in a conspicuous place in
the premises of the establishment easily accessible to the workmen, at least seven
days before the date of actual retrenchment. Copies of the list shall also be sent to
the registered trade union connected with the industrial establishment.
(2) As soon as a retrenchment is effected, he shall also prepare another list of workmen
who were retrenched at the time as also those retrenched during the 66[preceding
24 months,] their names being arranged according to the seniority of their service in
the category and cause copies thereof to be pasted on the notice board in a
 conspicuous place in the 'premises of the establishment easily accessible to the
retrenched workmen. Copies of the list shall also be sent to the registered trade
union connected with the industrial establishment.
63. Re-employment of retrenched workmen
(1) On the occurrence of vacancies after retrenchment, when an employer proposes to
take into his employ any person, he shall:
(i) arrange for the display on the notice board in the premises of the industrial
establishment of the details of the vacancies to be filled;
(ii) give notice of the vacancies in writing to every individual retrenched
workman eligible to be considered for the vacancies, such notice being
dispatched by registered post to the address given by the workman at the
time of retrenchment or any time thereafter;
(iii) at the same time send a notice to the registered trade union or unions of
workmen connected with the Industrial establishment giving the number of
vacancies and the names of the retrenched persons addressed; and
(iv) if the employer seeks the assistance of the Employment Exchange in the area
in filling the vacancies, Inform the Exchange that the names of such of his
retrenched employees as may have been registered with the Exchange may be
submitted to him along with the names of other suitable candidates:
67
[Provided that clause (ii) shall not apply to vacancies which are temporary or
casual and of less than a month's duration or which arise after the expiry of a
period of two years from the I date of retrenchment.
(2) A retrenched workman on receipt of the notice of vacancies from the employer shall
offer himself for work or send a reply within a period of ten days from the date on
which the notice b posted, and, if he fails to do so, he shall lose all his claim for
preference in future vacancies and the employer shall be free to fill the vacancies in
all cases when retrenched persons do not come forward for reemployment.
64. Application to the Conciliation Officer Board Labour Court or Industrial Tribunal under
Section 33
(1) An application under sub-section (1) or sub-section (3) of section 33 shall be in
duplicate in Form "S" and filed before the Conciliation Officer, Board, Labour Court
or Tribunal either personally or by registered post acknowledgement due. A copy of
it shall also be served simultaneously either personally or by registered post
acknowledgement due on the workman or the workmen concerned and the fact
indicated on copies of the application presented to the Conciliation Officer, Board,
Labour Court or Tribunal, as the case may be.
(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 subsection (2) of section 33 shall present an application in Form "T" in
duplicate to such Conciliation Officer, Board, Labour Court or Tribunal either
personally or by registered post with acknowledgement due. A copy of it shall also
be served simultaneously either personally or by registered post acknowledgement
due on the workman or workmen concerned and the fact indicated on the copies of
the application presented to the Conciliation Officer, Board, Labour Court or
Tribunal, as the case may be.
 (3) Every application under sub-rule (1) or sub-rule (2) shall be verified by the employer
making it or by some other person proved to the satisfaction of the Conciliation
Officer, Board, Labour Court or Tribunal, as the case may be, 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.
(6) The workman or workmen concerned shall file a counter before the Conciliation
Officer, Board, Labour Court or Tribunal, as the case may be, either personally or by
registered post within a week from the date of receipt of the application and shall
serve a copy of it on the employer either personally or by registered post
acknowledgement due. The endorsement of service or the acknowledgement of the
employer shall be filed before the Conciliation Officer, Board, Labour Court or
Tribunal, as the case may be, as soon as it is received. The Conciliation Officer,
Board, Labour Court or Tribunal may, in exceptional cases, grant extension of time
not exceeding fifteen days for filing the counter. If the counter Is not filed within the
specified time, he shall proceed with the application after giving a week's notice to
the parties concerned.
65. Protected workman
68
(1) [Every registered trade union connected with an industrial establishment, to
which the Act applies, shall communicate to the employer, before the 30th
September of every year, the names and addresses of such of its officers as are
employed in that establishment and as in its opinion, should be recognised as "
protected workmen " during the subsequent calendar year. Any change in the
incumbency of any such officer shall be communicated to the employer by the union
within fifteen days of such change.
In case of any dispute between the employer and any registered trade union in
respect of matters connected with the recognition of "protected workmen", the
30th September of an year shall be taken as the date for determining the
representative character of each union for the purpose of this rule.]
(2) The employer shall, subject to sub-section (4) of section 33, recognised 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 receipt
of the names and addresses under sub-rule (1), the list of Workmen recognised as "
protected workmen":
Provided that where the number of officers suggested for recognition as "protected
workmen" falls short of the number of officers for whom recognition can be given in
respect of the union concerned, the employer shall Intimate the fact to the union
and the union shall thereupon be entitled to select additional 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. On receipt of the communication, the employer shall act as specified in this
sub-rule.
 (3) Where the number of officers suggested for recognition by the union exceeds that
for which recognition can be given according to sub-section (4) of section 33, the
required number shall be selected according to the order of priority suggested by
the union.
(4) Where there is more than one registered trade union in the establishment, the
maximum number of workmen to be recognized as " protected workmen " shall be
so distributed by the employer among the unions, that the number of recognised
"protected workmen" in the individual unions bear, as nearly as possible, the same
proportion to one another as the membership figures of the unions. The employer
shall, in that case, intimate in writing to the secretary or principal officer of the
union the number of "protected workmen" allotted to it.
(5) When a dispute arises between the employer and any registered trade union in
respect of matters connected with the recognition of "protected workmen" under
this rule, the dispute shall be referred to the Labour Officer concerned. He may call
for and scrutinise such of the records as may be considered to be relevant and shall
give the parties a reasonable opportunity of stating their case before giving a
decision. The decision given by the Labour Officer shall be final:
Provided that the decision shall have effect only for a period of six months from the
date of such decision or till the 30th September of the year immediately following
the year referred to in sub-rule (1), whichever is earlier.
66. Application to Government for issuing a certificate under section 33C (1) of the Act
An application to the State Government for the Issue of a certificate under section 33-C
(1) shall be made in Form "U".
67. Holidays to Labour Courts and Industrial Tribunals
The Tribunals and Labour Courts shall work on all days other than those declared by the
State Government, as holidays for the Government Offices.
68. Preservation of records
Files relating to industrial disputes and the applications under the Act specified in column
(1) of the table below shall be preserved for the period specified in the corresponding
entries in column (2) thereof.
 The Table
Records Period of retention
A. 69[In the offices of the Tribunals and
Labour Courts
1. All records and papers relating to an
Industrial dispute including all
applications connected with that
dispute. Three years from the date of publication of the
award in the Fort St. George Gazette, or where
a writ petition has been preferred to the High
Court against the award, three years from the
date of final order of the High Court on the writ
petition, or where a writ appeal or an appeal to
the Supreme Court has been preferred, three
years from the date of final order on the writ
appeal or appeal to the Supreme Court, as the
case may be:
Provided that where there are connected
complaints, the records and papers relating to
the industrial dispute shall not be destroyed
until after three years from the date of
publication of the award or of the final order. In
such cases the period of retention shall be three
years from the date of the final order in the
dispute or the complaint whichever is later.
2. All records and papers relating to
Three years from the date of the final order on
complaints under section 33-A.
the complaint or the connected main dispute
including the orders on writ petitions, writ
appeals or civil appeal to the Supreme Court,
whichever is later.
One year from the date of final decision.]
3. All records and papers including
applications relating to any other
proceedings.
B. In the offices of the Conciliation
Officers
1. All records and papers relating to an
Three years from the date of decision, provided
Industrial dispute which have been
that if any matter arising out of the decision
referred for adjudication.
(recovery of dues under award and the like) is
pending at the end of the period of three years,
the records shall be retained for a further
period of one year after the matter aforesaid is
settled.
 2. Other records and papers not Three years from the date of settlement or
falling under item 1. from the date of the Issue of the Government
orders as the case may be.
Explanation- The date of final decision for the purpose of this rule means in the case in
which there has been an appeal, the date of the decision of the appellate authority.
69. Manner of destruction of records
(1) After the period of retention specified in rule 68, the records may be destroyed
either by tearing or burning in the presence of the heed of the office, provided that
records of a secret or confidential nature shall be destroyed only by burning.
(2) The records destroyed by tearing may be sold or otherwise disposed of in such
manner as the head of the office thinks fit.
70
70. [Application for certified copy of award order or documents
(1)
(a) A party entitled to obtain a copy of an award or order of a Labour Court,
Tribunal or Arbitrator, or any document filed in or connected with, any
proceeding before a Labour Court, Tribunal, Arbitrator or Conciliation Officer
may present an application In Form V appended to these rules to the Labour
Court, Tribunal, Arbitrator or Conciliation Officer as the case may be. The
application Inter alia should contain the name of the petitioner and his
interest in the dispute or proceeding.
(b) A defective application shall be returned for rectification. If it is not presented
again within ten days from the date of the receipt of notice, such application
shall be rejected.
Explanation- An application may be treated as defective,
(i) ifit is not in proper form;
(ii) ifit is not duly filled in;
(iii) if it is lacking in details of particulars;
(iv) if it is not duly presented as required by the rules."
(c) The value of copy stamps or Court-fee stamps leviable in each case shall be
intimated to the party, who shall, within ten days from the date of the receipt
of such intimation, deposit or furnish the copy stamps or Court-fee stamps.
(d) If the requisite copy stamps or Court-fee stamps are not deposited or
furnished within the period aforesaid, the application shall be rejected.
(2) Fees for making copies of documents:
(a) Fees for making a copy of an award or order of a Labour Court or Tribunal or
Arbitrator or any document filed In or connected with any proceeding before
a Labour Court, Tribunal, Arbitrator or Conciliation Officer shall be charged as
follows:
 (i) for the first 200 words or less, 75 Paise;
(ii) for every additional 100 words, or fraction thereof, 40 Paise:
(b) Fees for copying shall be paid by the parties in the form of copy stamp papers,
or Court-fee stamps.
(c) Where a party applies for immediate delivery of a copy of any such award or
order or document, an additional fee equal to one-half of the fee leviable
under this rule shall be paid.]
71
71. [Lapsed deposits
(1) The Industrial Tribunal may sanction the credit to the Government of,
(a) all deposits not exceeding five rupees which remain unclaimed for one whole
financial year;
(b) balances not exceeding five rupees of deposits partly repaid during the year
then closing;
(c) all sums deposited for the purpose of securing the attendance of witnesses;
and
(d) all sums paid into the Tribunal for securing the services of Government
Officers, which balances and sums have been unclaimed for one whole year.
The Tribunal may for reasons to be recorded in writing, sanction the retention
in deposit of any sum referred to above.
(2) All sums other than those mentioned in sub-rule (1) paid into or deposited with the
Industrial Tribunal may be credited to Government, if they have remained
unclaimed for four full financial years and if a notice has been issued in respect of
them in the manner hereinafter prescribed.
Explanation,
(i) The four complete years referred to above should be counted with reference
to the date of last payment and not from the date of the last original deposit.
(ii) Amounts In respect of pending and stayed cases should not be lapsed. For such
Items, the four years' period should be reckoned only from the date of the
final order.
(3) A statement of the sums which shall be liable to be credited to Government on the
15th February ensuing shall be published in the ordinary issue of the Fort St. George
Gazette72 In the month of December in 73[Form 'W'].]
72. Refund of lapsed deposits
(1) After the lapsed deposits have been credited to Government, cheques should not
be drawn against these deposits. If necessary, applications should be made to the
Accountant-General through the Pay and Accounts Officer, so that he may note the
number of the deposit thereon.
(2) Application for refund of lapsed deposits, shall, in the first instance, be made to the
Tribunal which remitted the deposit and shall be stamped with a Court-fee of Re. 1.
(3) Lapsed deposits credited to Government may be refunded on the authority of the
officer by whom the deposit was remitted.
(4) There must be a separate application for lapsed deposits repayable to each person.]
 74
73. [Penalties]
A contravention of any of these rules shall be punishable with fine not exceeding fifty
rupees.
75
74. [Repeal]
The Madras Industrial Disputes Rules, 1948, and the Travancore-Cochin Industrial Disputes
Rules, 1951, In so far as the latter rules apply to the Kanyakumari District and the
Shencottah taluk of the Tlrunelvell district, are hereby repealed:
Provided that any order made or action taken under the rules hereby repealed shall be
deemed to have been made or taken under the corresponding provisions of these rules.
1 Subs. by S. R.O. No. A-1011 of 1961, dated the 27th September, 1961.
2 Subs. by S.R.O. No. A-960 of 1972, dated the 28th October, 1972, for "Madras".
3 Ins. by S. R.O. No. A-199 of 1964, dated the 8th February, 1964.
4 Ins. vide S. R. 0. No. A-315 of 1961, dated the 8th March, 1961
5 Ins. vide S.R.0. No. A-499 of 1966, dated the 24th May, 1966.
6 Subs. vide S. R. a No. A-408 of 1976, dated the 5th October, 1976.
7 Re-numbered vide S. R. 0. No. A-315 of 1961, dated the 18th March, 1961.
8 Subs. vide S.R.O. No. A-726 of 1966, dated the 28th July, 1966.
9 Subs. vide S.R.O. No. A-726 of 1966, dated the 28th July, 1966.
10 Subs. vide S.R.O. No. A-541 of 1966, dated the 9th July, 1968.
11 Subs. vide S. R. O. No. A-2834 of 1960, dated the 5th April, 1960.
12 Subs. vide S. R. O. No. A-2834 of 1960, dated the 5th April, 1960.
13 Ins. vide S. R. O. No. A-541 of 1968, dated the 9th July, 1968.
14 Ins. vide S. R. O. No. A-852 of 1971, dated the 23rd August, 1971.
15 Ins. by G.O. Ms. No. 505, Labour and Employment, dated the 15 March, 1989.
16 Subs. Vide S.R.O. No. A-139 of 1960, dated the 26 July, 1960.
17 Ins. vide S.R.O. No. A-626 of 1960, dated the 7th November, 1960.
18 Subs. vide S. R. O. No. A-2834 of 1960, dated the 5th April, 1960.
19 Subs. vide S. R. O. No. A-2834 of 1960, dated the 5th April, 1960.
20 Ins. vide S.R.O. No. A-541 of 1968, dated the 9th July, 1960.
21 Ins. vide S.R.O. No. A-10H of 1966, dated the 20th October, 1966.
22 Subs. vide S.R.O. No. A-2834 of 1960, dated the 5th April, 1960.
23 Subs. vide S.R.O. No. A-2834 of 1960, dated the 5th April, 1960.
24 Ins. vide S.R.O. No. A-541 of 1968, dated the 9th July, 1968.
25 Subs. by S.R.O.A/115 (a)/85 dated the 28th May, 1985
26 Ins. vide G.O. Ms. No. 1003,Labour and Employment 25ih September, 1990.
27 Ins. vide G.O. Ms. No. 1003,Labour and Employment 25ih September, 1990.
28 Ins. vide G.O. Ms. No. 1003,Labour and Employment 25ih September, 1990.
29 Ins. vide G.O. Ms. No. 1003,Labour and Employment 25ih September, 1990.
30 Ins. vide G.O. Ms. No. 1003,Labour and Employment 25ih September, 1990.
31 Ins. vide S.R.O. A-459 of 1975. dated the 15th September. 1975.
32 Ins. vide G.O. Ms. No. 1003,Labour and Employment 25ih September, 1990.
33 Ins. vide G.O. Ms. No. 1003,Labour and Employment 25ih September, 1990.
34 Ins. vide G.O. Ms. No. 1003,Labour and Employment 25ih September, 1990.
35 Ins. vide G.O. Ms. No. 1003,Labour and Employment 25ih September, 1990.
36 Ins. vide G.O. Ms. No. 1003,Labour and Employment 25ih September, 1990.
37 Vide S.R.O. 140 of 1960. dated the 26th July. 1960.
38 Vide S.R.O No. A-1032 of 1961 dated the 5th October, 1961.
39 Ins. vide S.R.O. No. A-735 of 1960, dated the 28th November,1960.
40 Re. numbered as Sub-sec. (1) by S.R.O No. A-2835 of 1960, dated the 5th April, 1960
41 Subs. vide S.R.O. No. A-4/83, dated the 8th December, 1982.
42 Ins. vide S.R.O. A-2835 of 1960, dated the 5th April, 1960
43 Ins. by S.R.O. A-218/76, dated the 9th June, 1976
44 Subs. vide S.R.O. No. A-408 of 1976, dated the 5th October, 1976
45 Subs. vide S.R.O. No. A-454, dated the 28th April, 1966.
46 Subs. vide S.R.O. No. A-454, dated the 28th April, 1966.
47 Subs. vide S.R.O. No. A-417, dated the 1st April, 1965.
48 This Was Originally Ins. by S.R.O. No. 724 of 1960, dated the 28th November, 1960.
49 Re-numbered vide S.R.O. No. A-417, dated the 1st April, 1965.
50 Re-numbered as sub-sec. (6) of that section vide Ibid.
51 Ins. by S.R.O. No. A-444 of 1960, dated the 5th October, 1960
52 Omitted, ibid.
53 Added by S.R.O. No. A-25 of 1960. dated the 22nd June. 1960.
54 Added by G.O.D. No. 67, L& E, (D2), 14-1-1992
55 Ins. vide S R.O. No. A-58 of 1961. dated the 4th January, 1961.
56 Subs. by S.R.O. No. A/115 (a)/85. dated the 28th May. 1985.
57 Subs. vide S.R.O. No. A-384 of 1976, dated the 22nd September, 1976.
58 Subs. vide G.O. Ms. No.2545, Labour and Employment, dated the 12th November, 1981.
59 Subs. vide G.O. Ms. No.2545, Labour and Employment, dated the 12th November, 1981.
60 Subs. vide G.O. Ms. No.2545, Labour and Employment, dated the 12th November, 1981.
61 Subs. vide G.O. Ms. No.2545, Labour and Employment, dated the 12th November, 1981.
62 Subs. by S.R.O. No. A/115 (a)/85, dated the 28th May, 1985.
63 Ins. vide S.R.O. No. A-384 of 1976, dated the 22nd September, 1976.
64 Subs. by G.O. Ms. No. 2545, Labour and Employment, dated the 12th November,
1981.
65 Subs. by S.R.O. No. A/115 (a)/85, dated the 28th May, 1985.
66 Subs. by G.O. Ms. No. 814. Labour. 21st April. 1988.
67 Subs. vide S.R.O. No. A-37/85, dated the 20th February, 1985.
68 Subs. vide S.R.O. No. A-443 of 1960, dated the 5th October, 1960.
69 Subs. Vide S.R.O. No. A-440, dated the 5th April, 1965.
70 Subs. vide S.R.O. No. A-929 of 1971, dated the 3rd August, 1971.
71 Ins. vide S.R.O. No. A-584 of 1969, dated the 10th June, 1969.
72 Now the Tamil Nadu Government Gazette.
73 Subs. Vide S.R.O. No. A-422/75, dated the 19th August, 1975.
74 Re-numbered vide S.R.O. No. A-584 of 1969, dated the 10th June, 1969.
75 Re-numbered vide S.R.O. No. A-584 of 1969, dated the 10th June, 1969.