Process for retrenchment of workman in Himachal Pradesh and West Bengal

Important Point to consider:

1) Section 25(F)(c) of Industrial Dispute Act states that:

“No workman employed in any industry who has been in continuous service for not
less than one year under an employer shall be retrenched by that employer until
notice in the prescribed manner is served on the appropriate Government.”

2) Section 25N(1) states that:

“No workman employed in any industrial establishment to which this Chapter
applies, who has been in continuous service for not less than one year under an
employer shall be retrenched”

3) Form P and PA refers to the FORM’s mentioned in the Industrial Dispute Act.

4) Form-XVII in Himachal Pradesh section refers to Form given under Himachal

Pradesh Industrial Dispute Rules.

WEST BENGAL

Step 1:
The notice of retrenchment to be given by an employer under section 25F(c) shall be in Form P
and such notice shall be served on the State Government either by personal service or by
registered post:

- Not less than one month before the date of actual retrenchment, if notice of
retrenchment is given to a workman.

- Within three days of the date of retrenchment, if no notice is given to a workman

and he is paid one month's wages in lieu thereof.

Step 2:
A copy of such notice shall be served by personal service or by registered post also on the
- Labour Commissioner, West Bengal,
- Conciliation Officer having jurisdiction over the area, and
 - Employment Exchange having jurisdiction over the area

Step 3:
Maintenance of seniority list of workmen:
Every employer shall prepare and maintain a list of all workmen in each category employed in
his establishment arranged according to seniority of service in the category concerned.

A copy of the list of all workmen in the particular category from which retrenchment is
contemplated, indicating in it the names of the persons who are proposed to be retrenched,
shall be posted on a 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 retrenchment, if the
contemplated retrenchment takes place after the expiry of the said period of seven days.

Step 4:
Notice and application for permission of retrenchment:

Notice under section 25N(1) for retrenchment shall be served in Form PA, to the State
Government, either personally or by registered post acknowledgement due and where the notice
is served by registered post, the date, on which the same was delivered to the State Government,
shall be deemed to be the date of service of the notice.

Application for permission for retrenchment under section 25N(4) shall be made in Form PB
(with an attested copy of the notice given by the employer under section 25F(a) 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 was delivered to the State Government or the authority, shall be deemed to be the date
on which the application was made.

Important Points:
- The employer shall also send a copy of that notice or application to the Secretary to
the Government of West Bengal, Labour Department.
- The Notice/Application shall be served or made in triplicate and a sufficient number
of copies of the application for service on the workmen concerned shall be submitted
along with Notice/Application.
 - The authority on whom a Notice/Application is served, shall furnish a copy of his
order and findings to the Secretary to the Government of West Bengal, Labour
Department.

Step 5:
Re-employment for Retrenched workmen:

Every employer shall maintain a register called the Register of Retrenched Workmen which
shall contain the name, nature of work, address obtained from workmen and periods of service
of the retrenched workmen.

On the occurrence of vacancies after retrenchment, when an employer proposes to take into his
employ. The employer shall give notice of the vacancies in writing to each individual retrenched
workmen eligible to be considered for the vacancies and such notice shall be dispatched by
registered post to the address of such workman obtained by the employer at the time of
retrenchment.

HIMACHAL PRADESH

Chapter IX of Himachal Pradesh Industrial Dispute Rule, 1974 deals with Retrenchment.

Manner of serving notice before retrenchment:

If any employer desires to retrench any employee who has been working under the employer’s
establishment for not less than 1 year, then such employer shall give notice under FORM-XVII to the
State Government, Concerned Labour officer and to the Labour Inspector cum Conciliation officer.

Manner of giving an opportunity for re-employment for retrenched workmen:

Where any vacancy arises in an industrial establishment and the employer has retrenched workmen
within one year of arising of such vacancies, then the employer of such industrial establishment shall
offer an opportunity at least 10 days before by registered post or speed post or through email to
retrenched workmen who are citizens of India.