Rules and Regulations of India

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Section 76 – Industrial Disputes (Central) Rules, 1957

76. Notice of retrenchment

If any employer desires to retrench any workman employed in his industrial establishment who has been in continuous service for not less than one year under him (hereinafter referred to as ‘workman’ in this rule and in rules 77 and 78), he shall give notice of such retrenchment as in Form P to the Central Government, the Regional Labor Commissioner (Central) and Assistant Labor Commissioner (Central) and the Employment Exchange concerned and such notice shall be served on that government, the Regional Labor Commissioner (Central), the Assistant Labor Commissioner (Central), and the Employment Exchange concerned by registered post in the following manner :-

(a) where notice is given to the workman, notice of retrenchment shall be sent within 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 Central Government, the Regional Labor Commissioner (Central), the Assistant Labor Commissioner (Central), 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 Central Government, the Regional Labor Commissioner (Central), the Assistant Commissioner (Central), and the Employment Exchange concerned within 3 days of the agreement.

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