Form of application for permission for retrenchment of workmen to be given by an employer under clause (d) of sub-section (1) of section 25N of the Industrial Disputes Act, 1947 (14 of 1947)

Form PA

(To be made in triplicate)

(See rule 76A(1))

Date …………………….

To
……………………………….
……………………………….
……………………………….

[The Central Government/authority specified under clause (c) of sub-section (1) of section 25N].

Sir,

Under clause (c) of sub-section (1) of section 25N of the Industrial Dispute Act, 1947 (14 of 1947), I/We hereby inform you that   I/We propose to retrench ……………. workmen being workmen to whom sub-section (1) of section 25N applies with effect from ……………. for the reasons set out in the Annexure.

2. The workmen concerned have been given notice in writing as required under clause (a) of sub-section (1) of section 25N have not been given notice since the retrenchment is under an agreement (copy of which is enclosed) as provided in the proviso to the said clause.

3. The total number of workmen employed in the industrial establishment is …………… and the total number of those who will be affected by the proposed retrenchment is as given below :

Category and designation of workmen to be retrenched	                         Number of workmen	
	Employed	To be retrenched	
                    (1) 	         (2) 	(3) 	

4. Permission is solicited for the proposed retrenchment under clause (c) of  sub-section (1) of section 25N.

I/We hereby declare that the workmen permitted to be retrenched will be paid compensation due to them under clause (b) of sub-section (1) of section 25N of the Act.

Yours faithfully,

(Signature)
Annexure
(Please give replies against each item)
Item No.

1. Name of the undertaking with complete postal address, including telegraphic addresses and telephone number.

2. Status of undertaking :-

(i) Whether Central public sector/State public sector/foreign majority company/joint sector, etc.

(ii) If belongs to large industrial house, please indicate the controlling group; and if a foreign majority company, indicate the extent of foreign holdings.

(iii) Whether the undertaking is licensed/registered and if so, name of licensing/registration certificate numbers

3. Names and addresses of the workmen proposed to be retrenched and the nature of their duties, the units/sections/shops where they are working and the wages drawn by them.

4. Items of manufacture and scheduled industry/industries under which they fall.

5. Details relating to installed capacity, licensed capacity and the utilized capacity.

6. (i) Annual production, item-wise for preceding three years.

(ii) Production figures month-wise for the preceding twelve months.

7. Work in progress item-wise and value-wise.

8. Any arrangement regarding off-loading or Sub-contracting of products or any components thereof.

9. Position of the order book item-wise and value-wise for a period of six months and one year next following and for the period after the expiry of the said one year.

10. Number of working days in a week with number of shifts per day and strength of workmen per each shift.

11. Balance sheet, profit and loss account and audit reports for the last three years.

12. Financial position of the company.

13. Names of the inter-connected companies or companies under the same management.

14. (i) Total number of the workmen (category wise) and the number of employees other than workmen as defined in the Industrial Disputes Act, 1947 (14 of 1947) employed in the undertaking.
    
(ii) Percentage of wages of workmen to the total cost of production.

15. Administrative, general and selling cost in  absolute terms per year for the last three years and percentage thereof to the total costs.

(i) Details of retrenchment resorted to in the last three years, including dates of retrenchment, the number of workmen involved in each case and the reasons therefore.

(ii) Has any of the retrenched workmen been given re-employment, and if so, when? Give details,

(iii) Are seniority lists maintained in respect of the categories of workmen proposed to be retrenched? and if so, the details and the  position of the workmen affected indicating their length of service including broken periods of service.

(iv) Anticipated savings due to the proposed retrenchment.

(v) Any proposal for effecting savings on account of reduction in -

a. managerial remuneration,
b. sales promotion cost, and
c. general administration expenses.

(v) Position of stocks on the last day of each of the months in the preceding twelve months.

(vi) Annual sales figures for the last three years and month wise sales figures for the preceding twelve months both item wise and value wise.

(vii) Reasons for the proposed retrenchment.

(viii) Any specific attempt made so far to avoid the proposed retrenchment.

(ix) Any other relevant factors with details  thereof.