State Act

The Bombay Industrial Relations Act, 1946

42. Notice of change.— (1) Any employer intending to effect any change in respect of an industrial matter specified in Schedule II shall give notice of such intention in the prescribed form to the representative of employees. He shall send a copy of such notice to the Chief Conciliator, the Conciliator for the industry concerned for the local area, the Registrar, the Labour Officer and such other person as may be prescribed. He shall also affix a copy of such notice at a conspicuous place on the premises where the employees affected by the change are employed for work and at such other place as may be directed by the Chief Conciliator in any particular case. (2) Any employee desiring a change in respect of an industrial matter not specified in Schedule I or III give a notice in the prescribed from to the employer through the representative of employees, who shall forward a copy of the notice to the Chief Conciliator, the Conciliator for the industry concerned for the local area, the Registrar, the Labour Officer and such other person as may be prescribed. (3) When no settlement is arrived at in any conciliation proceeding in regard to any industrial dispute which has arisen in consequence of a notice relating to any change given under sub-section (1) or sub-section (2), no fresh notice with regard to the same change or a change similar in all material particulars shall be given before the expiry of two months from the date of the completion of the proceeding within the meaning of section 63. If at any time after the expiry of the said period of two months, any employer or employee again desires the same change or a change similar in all material particulars, he shall give fresh notice in the manner provided in sub-section (1) or (2) as the case may be. (4) Any employee 1[or a representative union] desiring a change in respect of (i) any order passed by 2[the] employer under standing orders, or (ii) any industrial matter arising out of the application or interpretation of standing orders, or (iii) an industrial matter specified in Schedule III, 3[except item (5) thereof] shall make an application to the Labour Court 4[and as respect change desired in any industrial matter specified in item (5) of Schedule III, to the Industrial Court]: Provided that no such application shall lie unless the employee 5[or a representative union] has in the prescribed manner approached 6[the] employer with a request for the change and no agreement has been arrived at in respect of the change within the prescribed period.