CHAPTER: II CONDITIONS OF SERVICE ANP^EMPLOYMENT, THE BANGLADESH LABOUR ACT, 2010

CHAPTER: II

CONDITIONS OF SERVICE ANP^EMPLOYMENT

3. Conditions of employment: (1) In every establishment employment of workers and other matters incidental thereto shall be regular in accordance with the provisions of this Chapter;

Provided that any establishment may have its own rules regulating employment of workers, but no such rules shall be less favorable to any worker than the provisions of this Chapter:

(2)The service rules in any establishment as mentioned in the
proviso to sub-section (1) Shall be submitted for approval by the
employer of such establishment to the Chief Inspector who shall,
within six months of the receipt thereof make such order therein
as he deems fit.

(3) No service rules as mentioned in sub-section (2) shall be put into effete except with the approval of the Chief Inspector.

(4) Any person aggrieved by the order of the Chief Inspector may, within thirty days of the receipt of the order, may prefer appeal to the Government and the order of the Government on such appeal shall be final.

(5) Nothing provided in sub-section (2) Shall apply to an establishment which is owned by or under management or control Government.

4. Classification of workers and period probation: (1) Workers employed in any establishment shall be classified in
any of the following classes according to the nature and condition
of work; namely-

(a)           apprentice,

(b)          badli,

(c)  casual,

(d)          temporary,
(e) probationer, and
(f)    permanent.

(2) A worker shall be called an apprentice if he is employed in an establishment as a learner, and is paid an allowance during the period of his training.

(3) A worker shall be called a badli if he is employed in an establishment in the post of a permanent worker or of a probationer during the period who is temporarily absent.

(4) A worker shall be called a casual worker if his employment in an establishment is of casual nature.

(5) A worker shall be called a temporary worker if he is employed in an establishment for work which is essentially of temporary nature, and is likely to be finished within a limited period.

(6) A worker shall be called a probationer if he is provisionally employed in an establishment to fill a permanent vacancy m a post and has not completed the period of his probabtion.

(7) A worker shall be called a permanent worker if he is employed in an establishment on a permanent basis or if he has satisfactorily completed the period of his probation in the establishment.

(8) The period of probation for a worker function is of clerical nature shall be six months and for other workers such period shall be three months.

Provided that in the ease of a skilled worker, the period of probation may be extended by an additional period of three months if, for any circumstances, it has not been possible to determine the quality of his work within the first three months' period of his probation.

(9) If any worker, whose service has been terminated during his probationary period, including the extended period, is again appointed by the same employer within a period of three year, he shall, unless appointed on a permanent basis, be deemed to a probationer and the period or periods of his earlier probation shall be counted for determining his total period of probation.

(10) If a permanent worker is employed as a probationer in a new post, he may, at any time during the probationary period, be reverted to his old permanent post.

5. Letter of Appointment and Identity Card: No employer shall employ any worker without giving such worker a letter of appointment and every such employed worker shall be provided with card with photograph.

6. Service book: (1) Every employer shall, at his own cost, provide a service book for every worker employed by him.

(2) Such service book shall be kept in the custody of the employer.

(3) Before employing a worker, the employer shall require from him previous service book if the worker claims that he has been previously in employment under any other employer.

(4)  If such worker has any service book, it shall be handed over to the new employer by him and shall be kept in the custody of the employer, for which a receipt shall be given to him.

(5)  If such worker has no service book, a service book shall be provided under sub-section (1).

(6)  If the worker desires to keep and maintain a duplicate copy of his service book, he may do it at his own cost.

(7) The employer shall hand over the service book to the worker on the termination of the workers' service with him.

(8) If the service book handed over to the worker or the duplicate thereof maintained by him is lost by the worker, the employer shall provide him with a duplicate service book at the cost of the worker.

(9) Nothing in this section shall apply to an apprentice, badli or casual worker.

7. Form of Service Book: (1) The service book shall be of such size and in such form as may be prescribed and a photograph of the worker shall be affixed to it.

(2) The service book shall contain the following particulars, namely:

(a) name of the worker, name of mother and father and address of the worker,

(in appropriate case =name of husband/wife shall be written)

(b)    date of birth,

(c)      particulars necessary for identification,

(d)    name and address of the employer under whom previously employed, if any,

(e)      period of employment,

(f)        occupation or designation,

(g) wages and allowance, if any,

(h) leave availed, and

(i)   conduct of the  worker.

8. Entries in the service book : The employer shall at the commencement of the employment and during the continuance of the same, make such entries therein from time to this as are required by this Chapter and the Rules and both the employer and the worker shall sign the entries as they are made.

9. Register of workers and supply of tickets and cards. (1) The employer of every establishment shall maintain a register of workers, to be available to the Inspector at all times during working hours.

(2) The register of workers shall contain the following:

(a)  the name and date of birth of each worker in the establishment;

(b)      date of appointment;

(c)       the nature of his work;

(d)      the periods of work fixed for him;

(e)       the intervals for rest and meals to which he is entitled;

(f)         the days of rest to which he is entitled;

(g)  the group, if any, in which he is included;

(h) where his group works on shifts, the relay to which he is allotted; and

(i)    such other particulars as may be prescribed by rules;

(3) If the Inspector is of opinion that any muster roll or register maintained a part of the routine of an establishment gives in respect of all or any of the workers in the establishment the particulars required under sub-section (2), he may, by order in writing, direct that such muster roll or register shall, to the corresponding extent, be maintained in place of, and be treated as, the register of workers, in that establishment.

(4) The Government may make rules prescribing the form of the register of workers,  the manner in which it shall be maintained and the period for which it shall be preserved.

(5) The employer shall supply Tickets or cards to every worker in the following manner :

(a)      every permanent worker shall be provided with a
permanent departmental ticket showing his number;

(b)     every badli worker shall be provided with a badli card on which shall be entered the day on which he has worked and which shall be surrendered if he obtains permanent employment;

(c)      every temporary worker shall be provided with a temporary ticket which shall be surrendered on his leaving the job or getting a permanent employment;

(d) every casual worker shall be provided with a casual card on which shall be entered the days on which he has worked in the establishment; and

(e)  every apprentice shall be provided with an apprentice card which shall be surrendered  if he  obtains permanent employment or if he leaves his training.

10. Procedure for leave : (1) A worker who desires to obtain shall apply to the employer for the same in - writing stating his leave address therein.

(2)      The employer or his authorized officer shall issue orders on the application within seven days of the application or two days prior to the commencement of leave applied for, whichever is earlier;

Provided that, if, due to urgent reasons the leave applied for is to commence on the date of application or within three days thereof the order shall be given on the same day.

(3) If the leave asked for is granted, a leave pass shall be issued to the worker.

(4) If the leave asked for is refused or postponed, the fact of such refusal or postponement, and the reasons thereof shall be communicated to the worker before the date on which the leave was expected to be commenced, and shall also be recorded in a register to be maintained by the employer for the purpose.

(5)  If the worker, after convincing of leave, desires an extension thereof, he shall, if such leave is due to him, apply sufficiently in advance before the expiry of the leave to the employer who shall, as far as practicable send a written reply either granting or refusing extension of leave to the worker to his leave-address.

10.Payment of wages for unavailed leave : If the services of a worker, to whom any annual leave is due, is dispensed with whether as a result of retrenchment, discharge, removal, dismissal, termination, retirement or by reason of his resignation before he has availed of any such leave, the employer shall pay his wages in lieu of the unavailed leave at the rate he is entitled to payment of wages during the period of leave in the provisions of this Act.

12. Stoppage of work : (1) The employer may, at any time, in the event of fire, catastrophe, breakdown of machinery, or stoppage of power supply, epidemics, civil commotion or any other cause beyond his control, stop any section or sections of the establishment, wholly or partly for such period as the cause for such stoppage continues to exist.

(2) In the event of such stoppage occurring at any time beyond working hours, the employer shall notify the workers affected, by notice on the notice board in the section or department concerned or at a conspicuous place in such establishment before the work is due to begin next.

(3) In the notice mentioned in sub-section (2) direction shall be given indicating as to when the work will be resumed and whether such workers are to remain at their place of work at any time before the actual resumption.

(4) In the event of such stoppage occurring at any time during working hours, the workers affected shall be notified, as soon as practicable, in the manner specified in sub-section (2) indicating as to when the work will be resumed and whether such workers are to leave or remain at their place of work.

(5) In the case where workers have been directed to stay at their place of work following such stoppage, the workers so detained may not be paid for the period of such detention if it does not exceed one hour, and the workers so detained shall be paid wages for the whole period of such detention if it exceeds one hour.

(6) If the period of stoppage of work does not exceed one working day, a worker, unless entitled to wages under sub-section
(5), may not be paid any wages.

(7) If the period of stoppage of work continues for more than a working day, a worker affected, other than a casual or badli worker, shall be paid wages for day or day by which it will exceed one working day.

(8) If the period of stoppage of work extends beyond three' working days, the workers may be laid-off in accordance with the provisions of section -16.

(9) A lay-off mentioned in sub-section (8) shall be effective from the day of stoppage of work and any wage paid to a worker for the first three days may be adjusted against the compensation payable for such subsequent lay off.

(10) For the piece-rate workers affected, their average daily earning in the previous month shall be taken to be the daily wage for the purpose of the sub-section.

18. Closure of establishment : (1) The employer may, in the of an illegal strike by any section or department of any establishment, close down either wholly or partly such section or department and the workers participated in the illegal strike shall not be paid any wages for such closure.

(2) Where by reason of closing down of any section or department of any establishment under sub-section (1), any other section or department is so affected that it is not possible to keep that section or department open, that section or department may also be closed down and the workers affected thereby shall be paid wages as in the case of lay-off for a period of three days and thereafter they may not be paid by wages for such closure.

(3) The fact of such closure shall be notified by the employer, as soon as practicable, by notice posted on the notice board in the section or department concerned or at a conspicuous place in the establishment and the fact of resumption of work, following such closure, shall likewise be notified.

14. Calculation of 'one year’, 'six months’ and 'wages' in certain cases : (1) For the purpose of this Chapter, a worker who, during the preceding twelve calendar months, has actually worked in an establishment for not less than two hundred and forty days and one hundred and twenty days as the case may be, shall be deemed to have completed 'one year' or 'six months' respectively of continuous service in the establishment.

(2) For the purpose of calculation of the number of days on which  a worker  actually worked  in  an  establishment  as mentioned in sub-section (1) the days on which-

(a)     the days during which he has been laid-off;

(b)    he has been on leave with or without wages due to sickness or accident;

(c)      he has been on legal strike or out of work due to illegal lock-out;

(d)    in the case  of female worker,  she  has been on maternity leave not exceeding sixteen weeks; shall be counted.

(3) For the purpose of calculation of compensation under section 19, 20 or 23 or wages under section 22, 23, 26 or 27 'wages' shall mean the average of the basic wages and dearness allowance and ad-hoc or interim pay, if any, paid to the worker during the period of twelve months immediately preceding the date of his retrenchment, dismissal, removal, discharge, retirement or termination of employment, as the case may be.

15. Restrictions of application of sections, 12, 16, 17 and 18: Notwithstanding anything contained elsewhere in this Chapter, the provisions of sections 12, 16, 17 and 18 shall not apply to any establishment in which five or more workers are not employed, or were not employed on any day of the preceding twelve months.

16. Right of laid-off workers for compensation : (1) Whenever worker, other than a badli or casual worker, whose name is borne on the muster-rolls of an establishment and who has completed not less than one year of continuous service under the employer is laid-off, he shall be paid compensation by the employer for all days during which he is so laid-off, except for such weekly holidays as may intervene.

(2) The amount of compensation as mentioned in sub-section (1) shall be equal to half of the total of the basic wages and dearness allowance, and ad-hoc or interim pay, if any, and the full amount of housing allowance, if any, that would have been payable to him had he not been so laid-off.

(3) A badli worker whose name is borne on the muster-rolls of an establishment shall cease to be regarded as 'badli’ for the purpose of this section, if he has completed one year of continuous service in the establishment.

(4) No worker shall, unless there is an agreement to the contrary between the worker and the employer, be entitled to the payment of compensation under this section for more than forty- five days during any calendar year.

(5)  Notwithstanding anything contained in sub-section - (4), if during a calendar year a worker is laid-off for more than forty- five days, whether continuously or intermittently, and the lay-off after the expiry of the first forty-five days comprises period or periods of fifteen days or more, the worker shall, unless there is an agreement to the contrary between the worker and the employer, be paid compensation for all the days comprised in every subsequent period of lay-off for fifteen days or more.

(6) The amount of compensation as mentioned in sub-section- (5) shall be equal to one-fourth of the total of the basic wages and dearness allowance, and ad-hoc or interim pay, if any, and the full amount of housing allowance, if any.

(7) In any case where, during a calendar year, a worker is to be laid-off after the first forty-five days as aforesaid, for any continuous period of fifteen days or more, the employer may, instead of laying-off such a worker, retrench him under section -20.

17. Muster-roll for laid-off workers : Notwithstanding that the workers employed in an establishment have been laid-off, the employer shall maintain a muster-roll, and provide for the making of entries therein by or for the laid-off workers whom may present themselves for work at the establishment at the appointed time during normal working hours.

18. Laid-off workers not entitled to compensation in certain: (1) Notwithstanding anything contained elsewhere in this Chapter, no compensation shall be to a worker who has been laid-off-

(a)     if he refuses to accept on the same wages,  any alternative employment not requiring any special skill or previous experience, in the same establishment for which he has been laid-off, or in any other establishment belonging to  the  same
employer and situated in the same town or village or situated within a radius of eight kilometers from the establishment;

(b)    if he  does not present himself for work at the establishment at the appointed time during normal working hours at least once a day if so required by the employer.

(2) For the purpose of sub-section (1) (b), every laid-off worker who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself, shall be deemed to have been laid-off for that day within the meaning of this section.

(3) If a laid-of worker who presents himself for work as mentioned in sub-section (2), instead of being given employment at the commencement of any shift for any day, is asked to present himself for the purpose during the second half of the shift for the day, and if he so present himself, he shall be deemed to have been laid-off only for one-half of that day, the other half being treated as on duty, irrespective of the fact whether he is given work or not.

19. Death benefit : If a worker dies while in service after a Continuous service of not less than three years, his nominee or in the absence of any nominee, his dependant shall be paid by the employer a compensation at the rate of thirty days wages for every completed year of service, or for any part thereof in excess of six months or gratuity, if any, whichever is higher, in addition to any other benefit to which the deceased worker would have been entitled had he retired from service.

Provided that if such worker is covered by any compulsory insurance scheme of the establishment, or, if any compensation is payable for such death under Chapter XII, the worker shall be entitled to whichever is higher.

20. Retrenchment: (1) A worker employed in an establishment may be retrenched from service on the ground of redundancy.

(2) No worker who has been in continuous service for not less than one year under an employer shall be retrenched by the employer unless-

(a)      the worker has been given one month's notice in writing, indicating the reasons for retrenchment, or the worker has been paid in lieu of such notice, wages for the period of notice;

(b)     a copy of the notice is sent to the Chief Inspector or any other officer authorized by him and also to the collective bargaining agent in the establishment, if any; and

(c)      he has been paid,  compensation which  shall be equialent to thirty days wages or gratuity for every completed year of service if any, whichever is higher.

(3) Notwithstanding anything contained in sub-section (2), in the case of retrenchment of a worker under section 16(7), no notice as mentioned in sub-section (2) (a) shall be necessary; but the worker so retrenched, shall be paid fifteen days wages in addition to the compensation or gratuity, as the case may be, which may be payable to him under sub-section (2) (c).

4. Where any worker belonging to a particular category of workers is to be retrenched, the employer shall, in the absence of any agreement between him and the worker in this behalf, retrench the worker who was the last person to be employed in that category.

21. Re-employment of retrenched workers : Where any umber of workers are retrenched, and the employer proposes to take into his employ any worker within a period of one year from the date of such retrenchment, he shall give an opportunity to the retrenched workers belonging to the particular category concerned by sending a notice to their last known addresses, to offer themselves for employment, and the retrenched workers who so offer themselves for re-employment shall have preference over other retrenched workers, each having priority according to the length of his service under the employer.

22. Discharge from service: (1) A worker may be discharged from service for reasons of physical or mental incapacity or continued ill-health certified by a registered medical practitioner.

(2) If a worker who has completed not less than one year of continuous service is so discharged, he shall be paid by the employer compensation at the rate of thirty days wages for every completed year of service, or gratuity, if any, whichever is higher.

23.  Punishment for conviction and misconduct: (1)Notwithstanding anything regarding lay off, retrenchment, termination of service as provided elsewhere in this Act, a worker may be dismissed without prior notice or pay in lieu thereof if he is-

(a)      convicted for any criminal offence; or

(b)     he is found guilty of misconduct under section - 24.

(2) Any worker found guilty of misconduct may, instead of being dismissed under sub-section (1), in consideration of any extenuating circumstances, be awarded any of the following punishments namely:

(a)  removal

(b) reduction to a lower post, grade or scale of pay for a period not exceeding one year;

(c)  stoppage of promotion for a period not exceeding one year;

(d) withholding of increment for a period not exceeding one year;

(e) fine;

(f)   suspension without wages and subsistence allowance for a period not exceeding seven days

(g)  censure or warning.

 (3)     A worker who is dismissed under sub -section (1)  or removed as a measure of punishment under sub-section (2) (a) shall, if his continuous service is not less than one year, be paid by the employer compensation at the rate of fourteen days wages for every completed year of service, or gratuity, if any, whichever is higher;

Provided that no compensation shall be payable if the worker is dismissed for misconduct as specified in sub-section (4) (b).

(4) The following acts and omissions shall be treated as misconduct-

(a)  willful insubordination or disobedience, whether alone or in combination with others to any lawful or reasonable order of a superior;

(b) theft, fraud or dishonesty in connection with the employer's business or property;

(c)  taking or giving bribe in connection with his or any other worker's employment under the employer;

(d) habitual absence without leave or absence without leave for more than ten days;

(e)  habitual late attendance;

(f)   habitual breach of any law or rule or regulation applicable to the establishment;

(g)  riotous or disorderly behavior in the establishment, or any act subversive of discipline;

(h) habitual negligence work;

(i)    habitual breach of any rule of employment, including conduct or discipline, approved by the Chief Inspector;

(j)    falsifying, tampering with, damaging or causing loss of employers official records.

(5) If a worker who is dismissed from service under sub­-section (1) (a), is acquitted on an appeal, he will be reinstated to his original post without back wages or to any new post suitable to him; and if such reinstatement is not possible, he shall be paid compensation at the rate payable to a person on discharge excluding the compensation already paid to him for his dismissal.

24. Procedure, for punishment. - (1) No order of punishment under section – 23 shall be made against a worker unless-

(a)      the allegations him are recorded in writing;

(b)     he is given a copy thereof and not less than seven day's time to explain;

(c)       he is given an opportunity of being heard;

(d)     he is found guilty, after enquiry;

(e)       the employer or the manager approves of such order.

(2) A worker charged for misconduct may be suspended pending enquiry into the charge against him and unless the matter is pending before any Court, the period of such suspension shall not exceed sixty days;

Provided that during the period of such suspension, a worker shall be paid by his employer a subsistence allowance equivalent to half of his average wages, and dearness allowance and ad-hoc or interim pay, if any.

3) An order of suspension shall be in writing and shall take effect immediately on delivery to the worker.

(4) In an enquiry the accused worker may be helped by any person nominated by him who is employed in the establishment.

(5) If in an enquiry, any oral evidence is given on behalf of any party, the party against whom the evidence is given may cross examine the witness.

(6) If, on enquiry, a worker is found guilty and is punished under section 23(1), he shall not be entitled to his wages for any period of suspension but shall be entitled to the subsistence allowance for such period.

7. If the charges against the worker is not proved in the enquiry, he shall be deemed to have been on duty for the period of suspection for enquiry, if any, and shall be entitled to his wages for such period of suspension and the subsistence allowance shall be adjusted accordingly.

(8) In cases of punishment, a copy of the order inflicting such punishment shall be supplied to the worker concerned.

(9) If a worker refuses to accept any notice, letter, charge-sheet, order or any other document addressed to him by the employer, it shall be deemed that such notice, letter, charge-sheet order or any other document has been delivered to him if a copy of the same has been exhibited on the notice board .and another copy has been sent to the address of the worker as available from the records of the employer, by registered post.

(10) In awarding punishment, the employer shall take into account the previous record of the worker concerned, the gravity of the misconduct, and any other that may exist.

25. Special provisions relating to fine : (1) No fine exceeding one-tenth of the wages payable to a worker in respect of a wage-period may be imposed in any one wage-period on any worker.

(2) No fine shall be imposed on a worker who is under the age of fifteen years.

(3) No fine imposed on any worker shall be recovered from him by installments or after the expiry of sixty days from the day on which it was imposed.

(4) Every fine shall be deemed to have been imposed or the day of the commission of the offence in respect of which it was imposed.

(5) All fines and all realizations thereof shall be recorded in a prescribed register to be kept by the employer and all such realization shall be spended only to such purposes beneficial to the workers employed in the establishment.

26 Termination of employment by employers otherwise than by dismissal, etc.: (1) The employment of a permanent worker may be terminated by the employer, otherwise, than in the manner provided else-where in this Chapter, by giving to him in writing-

a) one hundred and twenty days' notice, if he is a monthly rated worker;

(b) sixty days' notice, in case of other worker.

(2) The employment of a temporary worker may be terminated by the employer,  otherwise than in the manner provided elsewhere in this Chapter, and if it is not due to the completion, cessation, abolition or discontinuance of the temporary work for which he was appointed, by giving to him in writing-

a) thirty day's notice, if he is a monthly rated worker; (b) fourteen days notice, in case of other worker.

(3) Where an employer intends to terminate the employment of a worker without any notice, he may do so by paying to the worker, wages in lieu of the notice, which is required to be given under sub-section (1) or (2), as the case may be.

(4) Where the employment of a permanent worker is terminated under this section, he shall be paid by the employer compensation at the rate of thirty days' wages for every completed year of service or gratuity, if any, whichever is higher, in addition to any other benefit to which he may be entitled under this Act.

27. Termination of employment by workers. (1) A permanent may resign from his service by giving to the employer in writing sixty day's notice.

(2) A temporary worker may resign from his service by giving to the employer in writing-

(a)     thirty days' notice, if he is a monthly rated worker;

(b)    fourteen days notice in case of other worker.

(3) Where a worker intends to resigns from his service without
any notice, he may do so by paying to the employer wages in lieu
of the notice which is required to be given under sub-section (1) or (2), as the case may be.

(4)     Where a permanent worker resigns from his service under this section, he shall be paid by the employer compensation-

a) at the rate of fourteen days' wages for every completed year of service, if he has completed five years of continuous service or more but less than ten years;

(b) at the rate of thirty days' wages for every completed year of service, if he has completed ten years of continuous  service  or more;   or gratuity,  if any, whichever is higher, in addition to any other benefit to which he may be entitled under this Act.

28. Retirement of worker : (i) A worker employed in any establishment shall, notwithstanding anything contained elsewhere in this Chapter, retire from employment ipso facto on the completion of the fifty-seventh year of his age.

(2) For the purpose of counting age of the worker under this section the date of birth recorded in the service book of the concerned worker shall be the conclusive proof.

(3) Every retiring worker under the provisions of section 26(4) or under own service rule of the establishment, shall be paid his benefits due to him.

(4) Appropriate authority, if thinks proper, may afterwards, employ the retiring worker under contract.

29.         Payment of Provident Fund : No worker, who is a member of any Provident Fund, shall be deprived due to retrenchment, dismissal, removal, discharge or termination of service of the benefit   of  the   Provident   Fund   including   the   employer's contribution thereto, if he is entitled to it under the rules of that Fund.

30. Time limit of final payment of worker: Where the employment of a worker has been ceased due to a retirement, discharge, retrenchment, dismissal and termination etc.  all amounts due to him shall be paid within maximum thirty working days by the employer.

31. Certificate of service. Every worker other than a casual or badli worker shall be entitled to a certificate of service from his employer at the time of his retrenchment, discharge, dismissal, removal, retirement or termination of service.

32. Eviction from residential accommodation : (1) A worker a residential accommodation provided by his employer, whose service has been ceased by any means, shall vacate such residential accommodation within a period of sixty days from the .date of cessation of employment.

(2) On default of a worker in vacating the residential accommodation within such time, the employer may lodge a complain to the Labor Court.

(3)The Court, on hearing the parties, may, summarily decide the case and direct the worker to vacate the residential accommodation within reasonable time.

(4)The Court may also pass an order directing a police officer to evict such a worker, if necessary, by force, in case he fails to quit residential accommodation within the specified time.

(5)The police officer, while acting under an order of the Court under sub-section (4), shall notify the occupants of the premises in question the contents of the Court's order and his intention to enter into such premises and shall allow at least six hours' time to the occupants to vacate the premises and shall give all reasonable facilities to the children before applying any force for taking over the possession of such premises.

33.           Grievance procedure : (1) Any worker, including a worker who has been laid-off, retrenched, discharged, dismissed, removed, or otherwise removed from employment, who has grievance in respect of any matter covered under this Chapter, and intends to seek redress thereof under this section, shall submit his grievance to his employer, in writing, by registered post within thirty days of being informed of the cause of such grievance.

Provided that if the employer acknowledges receipt of the grievance, in that case the service by registered post shall not be essential.

(2)  The employer shall within fifteen days of receipt of such grievance,   enquire into the matter, give the worker an opportunity of being heard and communicate his decision, in writing to him.

(3)  If the employer fails to give a decision under sub-section (2) or if the worker is dissatisfied with such decision, he may make a complain in writing to .the Labor Court within thirty days from the last date under sub-section (2) or within thirty days .from the date of the decision, as the case may be.

(4)  The Labor Court shall, on receipt of the complaint hear the parties after giving notice to then/and make such orders as it my deem just and proper.

(5)  The Labor Court, may amongst other relief,  direct reinstatement of the complainant in service, either with or without back wages and convert the order of dismissal, removal or discharge to any other lesser punishment specified in section 23(2).

(6)  Any person aggrieved by an order of the Labor Court, may, within thirty days, of the order,, prefer an appeal to the "Tribunal, and the decision of the Tribunal on such appeal shall be final.

(7)No court-fees shall be payable for lodging complaint or appeal under this section.

(8)No  complaint  under  this  section  shall  amount  to prosecution under this Act.

(9)Notwithstanding anything contained in this section, no complaint   shall lie against an order of termination of employment of a worker under section 26, unless such order is alleged to have been made for his trade union activities or passed motivatedly or unless the worker concerned has been deprived of the benefits specified in that section.