Schedule I
(1) Factories covered by the Factories Act, 1948 (63 of 1948) (other than those owned by the Central Government);
(2) Plantations covered by the Plantations Labour Act, 1951 (69 of 1951);
(3) Motor Companies:
(4) Public Works Department of the State Government;
(5) Local Authorities as defined in the Bihar and Orissa General Clauses Act, 1917 (Act 1 of 1917) (other than Cantonment Boards and Major Ports); and
(6) Any other class of establishments other than those falling in Central sphere which the State Government may from time to time notify.
Instructions On Schedule II
For Form 'A'
For Form 'A'
(ii) For general guidance the broad industrial classification is given in "Annexure I" which may be used for indicating the Industry groups correctly.
(iii) The full description of the industry, as given at the time of registration of the Factory, or as furnished official records for the current year in other cases, should be given. For instance, if a factory producing chemicals and printing textiles is registered under "Chemicals" and if only the Textiles Printing Section of such a factory is involved in the dispute, the original groups under which the factory is registered, namely "Chemicals" should be given and not the "Textile Printing" Industry group which is also involved.
(i) the Government or department of the Government;
(ii) a Government company as defined in Section 617 of the Companies Act, 1956;
(iii) a Corporation including Co-operative Society established by or under a Central or State Act, which is owned,controlled or managed by the Government;
(iv) a local authority;
(ii) The number of workers on roll (normally employed) should pertain to the whole unit but not other units which may be registered separately (factories) or managed separately (other concerns) although the units may be failing under the same ownership. For instance, if there are two separate registered factories in the same compound under one ownership and there is a work-stoppage in one, the number of employees in the factory involved need only be given. Part time workers on roll, if any, should be notionally converted into full-time workers by reducing their number in the ratio of part-time works to total daily working hours in the establishment.
(ii) Workers who are immediately involved in the work-stoppage and stop work owning to their common will or to the will of their employer are to be treated as directly involved. Under "Total" worker involved, the total of the number of such workers (involved directly) and the number of other workers who are forced to be idle, but are not themselves parties to the work-stoppage, i.e., those indirectly involved in the work-stoppage should be given.
(iii) Among the "Total" number of workers involved in a work-stoppage in a registered factory, number of workers covered by the Factories Act, 1948, who are involved in the work-stoppage should be given separately.
(i) Related to Collective Bargaining:-
(a) New Bargain;
(b) Interpretation of the terms of an existing agreement, each of these being sub-classified into;
(ii) Refusal to conclude collective agreement;
(iii) Conditions of industrial employment, e.g., wages and allowances, bonus, hours of work, holidays, personnel (i.e., discharges, dismissals, promotions, transfer or charge sheeting or other similar matters);
(iv) Other matters relating to employment, e.g., share of workers in management apportionment of work between different classes of workers etc; and
(v) Not related to Collective Bargaining:-
(a) Sympathetic Strikes/Lock-outs;
(b) Political Strikes/Lock-outs;
(c) Others.
(a) attempting settlement by mutual negotiations;
(b) seeking conciliation;
(c) exploring the possibility of settlement of the dispute by arbitration;
(d) referring the matter to State/Central Implementation Machinery;
(e) requesting the appropriate Government to refer the dispute to adjudication;
(f) refusal by Government to refer the dispute for adjudication;
(g) any other known event; and
(h) any other contingency which could have helped in the settlement.
(i) Non-implementation of-
(a) Labour enactments;
(b) Labour awards;
(c) Labour agreements, etc., and
(d) Tripartite decision.
(ii) Any other (with full details).
(i) Go-slow;
(ii) Threat of violence;
(iii) Violence;
(iv) Victimisation;
(v) Sabotage;
(vi) Intimidation;
(vii) Coercion;
(viii) Non-peaceful demonstration;
(ix) Unfair Labour practices not otherwise specified;
(x) Strikes/Lock-outs without notice;
(xi) Non-recognisation of Union;
(xii) Increase in work-load;
(xiii) Delay in the redress of grievances;
(xiv) Non-setting up of grievance procedure, etc.;
(xv) Any other breach (with details);
(xvi) Non-acceptance of the code by the parties and so the question is not applicable.
For Form 'B'
For Form 'B'
For Form C
For Form C
(i) Termination without settlement-
(a) Mainly unconditional resumption of work/withdrawal of lock-out;
(b) Mainly replacement of workers; and
(c) Closing down of establishment.
(ii) Termination pending settlement (reference to court of enquiry, arbitration adjudications, promise by the employer to consider the demands, etc.).
(iii) Termination after settlement has been arrived through:-
(a) Direct negotiation;
(b) Negotiation through works of Joint Committees;
(c) Mediation by a third party;
(d) Intervention by Implementation Machinery;
(e) Mediation by some other third party;
(f) Arbitration by mutual agreement;
(g) Conciliation by Government (other than Implementation Machinery);
(h) Conciliation by Board of Conciliation; and
(i) Adjudication by Industrial Tribunal, Industrial Court or Labour Court.
(iv) Any other manner of termination (give full details).
Note. - Implementation Machinery means the machinery entrusted with task of implementation of the code of discipline both at the Centre and the States/Union Territories.
Note.
(a) disputes where the worker's demands have been entirely accepted;
(b) disputes where the worker's major demands have been accepted;
(c) disputes where the worker's major demands have not been accepted;
(d) disputes where the worker's demands have been rejected;
(e) disputes where the employer's demands have been entirely accepted;
(f) disputes where the employer's demands have been partially accepted;
(g) disputes where the employer's demands have been rejected;
(h) disputes with indeterminate result; and
(i) not known.
(ii) The total value and the break-down by each calendar months concerned, should be given if the dispute was continued for a number of calendar months e.g., if a dispute starts, say on the 25th February separate figures January and February, should be given.
(iii) The wages lost should be the normal wages lost and should be exclusive of over-time wages for such work as might be performed during the period subsequent to the work-stoppage to make up the loss in production or account of the dispute.
Schedule II
Form 'A'
Form 'A'
[ See rule 4(a) ]
Intimation of work-stoppage
(To be furnished to the Statistics Authority within three days of the occurrence of a work-stoppage)
Section 7 • Bihar Collection of Statistics (Work-stoppages resulting from Industrial and Labour Disputes) Rules, 1973
7. Language in which information should be furnished.
bihar-collection-of-statistics-work-stoppages-resulting-from-industrial-and-labour-disputes-rules-1973-sec-7.json
•
Section 7
{
"act_title": "Bihar Collection of Statistics (Work-stoppages resulting from Industrial and Labour Disputes) Rules, 1973",
"act_slug": "bihar-collection-of-statistics-work-stoppages-resulting-from-industrial-and-labour-disputes-rules-1973",
"section_label": "Section",
"section": {
"number": "7",
"title": "7. Language in which information should be furnished.",
"chapter": null,
"content": "Schedule I\n(1) Factories covered by the Factories Act, 1948 (63 of 1948) (other than those owned by the Central Government);\n(2) Plantations covered by the Plantations Labour Act, 1951 (69 of 1951);\n(3) Motor Companies:\n(4) Public Works Department of the State Government;\n(5) Local Authorities as defined in the Bihar and Orissa General Clauses Act, 1917 (Act 1 of 1917) (other than Cantonment Boards and Major Ports); and\n(6) Any other class of establishments other than those falling in Central sphere which the State Government may from time to time notify.\nInstructions On Schedule II\nFor Form 'A'\nFor Form 'A'\n(ii) For general guidance the broad industrial classification is given in \"Annexure I\" which may be used for indicating the Industry groups correctly.\n(iii) The full description of the industry, as given at the time of registration of the Factory, or as furnished official records for the current year in other cases, should be given. For instance, if a factory producing chemicals and printing textiles is registered under \"Chemicals\" and if only the Textiles Printing Section of such a factory is involved in the dispute, the original groups under which the factory is registered, namely \"Chemicals\" should be given and not the \"Textile Printing\" Industry group which is also involved.\n(i) the Government or department of the Government;\n(ii) a Government company as defined in Section 617 of the Companies Act, 1956;\n(iii) a Corporation including Co-operative Society established by or under a Central or State Act, which is owned,controlled or managed by the Government;\n(iv) a local authority;\n(ii) The number of workers on roll (normally employed) should pertain to the whole unit but not other units which may be registered separately (factories) or managed separately (other concerns) although the units may be failing under the same ownership. For instance, if there are two separate registered factories in the same compound under one ownership and there is a work-stoppage in one, the number of employees in the factory involved need only be given. Part time workers on roll, if any, should be notionally converted into full-time workers by reducing their number in the ratio of part-time works to total daily working hours in the establishment.\n(ii) Workers who are immediately involved in the work-stoppage and stop work owning to their common will or to the will of their employer are to be treated as directly involved. Under \"Total\" worker involved, the total of the number of such workers (involved directly) and the number of other workers who are forced to be idle, but are not themselves parties to the work-stoppage, i.e., those indirectly involved in the work-stoppage should be given.\n(iii) Among the \"Total\" number of workers involved in a work-stoppage in a registered factory, number of workers covered by the Factories Act, 1948, who are involved in the work-stoppage should be given separately.\n(i) Related to Collective Bargaining:-\n(a) New Bargain;\n(b) Interpretation of the terms of an existing agreement, each of these being sub-classified into;\n(ii) Refusal to conclude collective agreement;\n(iii) Conditions of industrial employment, e.g., wages and allowances, bonus, hours of work, holidays, personnel (i.e., discharges, dismissals, promotions, transfer or charge sheeting or other similar matters);\n(iv) Other matters relating to employment, e.g., share of workers in management apportionment of work between different classes of workers etc; and\n(v) Not related to Collective Bargaining:-\n(a) Sympathetic Strikes/Lock-outs;\n(b) Political Strikes/Lock-outs;\n(c) Others.\n(a) attempting settlement by mutual negotiations;\n(b) seeking conciliation;\n(c) exploring the possibility of settlement of the dispute by arbitration;\n(d) referring the matter to State/Central Implementation Machinery;\n(e) requesting the appropriate Government to refer the dispute to adjudication;\n(f) refusal by Government to refer the dispute for adjudication;\n(g) any other known event; and\n(h) any other contingency which could have helped in the settlement.\n(i) Non-implementation of-\n(a) Labour enactments;\n(b) Labour awards;\n(c) Labour agreements, etc., and\n(d) Tripartite decision.\n(ii) Any other (with full details).\n(i) Go-slow;\n(ii) Threat of violence;\n(iii) Violence;\n(iv) Victimisation;\n(v) Sabotage;\n(vi) Intimidation;\n(vii) Coercion;\n(viii) Non-peaceful demonstration;\n(ix) Unfair Labour practices not otherwise specified;\n(x) Strikes/Lock-outs without notice;\n(xi) Non-recognisation of Union;\n(xii) Increase in work-load;\n(xiii) Delay in the redress of grievances;\n(xiv) Non-setting up of grievance procedure, etc.;\n(xv) Any other breach (with details);\n(xvi) Non-acceptance of the code by the parties and so the question is not applicable.\nFor Form 'B'\nFor Form 'B'\nFor Form C\nFor Form C\n(i) Termination without settlement-\n(a) Mainly unconditional resumption of work/withdrawal of lock-out;\n(b) Mainly replacement of workers; and\n(c) Closing down of establishment.\n(ii) Termination pending settlement (reference to court of enquiry, arbitration adjudications, promise by the employer to consider the demands, etc.).\n(iii) Termination after settlement has been arrived through:-\n(a) Direct negotiation;\n(b) Negotiation through works of Joint Committees;\n(c) Mediation by a third party;\n(d) Intervention by Implementation Machinery;\n(e) Mediation by some other third party;\n(f) Arbitration by mutual agreement;\n(g) Conciliation by Government (other than Implementation Machinery);\n(h) Conciliation by Board of Conciliation; and\n(i) Adjudication by Industrial Tribunal, Industrial Court or Labour Court.\n(iv) Any other manner of termination (give full details).\nNote. - Implementation Machinery means the machinery entrusted with task of implementation of the code of discipline both at the Centre and the States/Union Territories.\nNote.\n(a) disputes where the worker's demands have been entirely accepted;\n(b) disputes where the worker's major demands have been accepted;\n(c) disputes where the worker's major demands have not been accepted;\n(d) disputes where the worker's demands have been rejected;\n(e) disputes where the employer's demands have been entirely accepted;\n(f) disputes where the employer's demands have been partially accepted;\n(g) disputes where the employer's demands have been rejected;\n(h) disputes with indeterminate result; and\n(i) not known.\n(ii) The total value and the break-down by each calendar months concerned, should be given if the dispute was continued for a number of calendar months e.g., if a dispute starts, say on the 25th February separate figures January and February, should be given.\n(iii) The wages lost should be the normal wages lost and should be exclusive of over-time wages for such work as might be performed during the period subsequent to the work-stoppage to make up the loss in production or account of the dispute.\nSchedule II\nForm 'A'\nForm 'A'\n[ See rule 4(a) ]\nIntimation of work-stoppage\n(To be furnished to the Statistics Authority within three days of the occurrence of a work-stoppage)",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
"prev_section": "6",
"next_section": "1"
}