Industrial Relation

REGD. No. D. L.-33002/99 GOVERNMENT OF INDIA Delhi Gazette SG-DL-E-11122025-268410 EXTRAORDINARY PUBLISHED BY AUTHORITY No. 376] DELHI, WEDNESDAY, DECEMBER 3, 2025/AGRAHAYANA 12, 1947 [N. C. T. D. No. 363 PART IV GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI LABOUR DEPARTMENT NOTIFICATION Delhi, the 3rd December, 2025 No. 15(12)/Lab/2022/4473-4479.—"In exercise of the powers conferred by Section 99 of the Industrial Relations, Code 2020(35 of 2020) read with S.O. 273(E) dated 16.01.2023 of Ministry of Home Affairs, Government of India, and in supersession of Delhi Trade Union Regulations, 1927, the Lieutenant Governor of the National Capital Territory of Delhi proposes to make the following rules namely Industrial Relations (Delhi) Rules, 2025, and which are hereby notified, as required by sub-section (1) of said section 99, for information of all persons likely to be affected thereby; Notice is hereby given that the draft of rules shall be taken into consideration after the expiry of a period of thirty days from the date of publication of this notification in the Official Gazette together with objections and suggestions, if any, which may be addressed Labour Department C Block, 5, Sham Nath Marg, Delhi – 110054 and also on email i.e legalbranchlab@gmail.com. The objections and suggestions should be sent in a Performa containing columns (i) specifying the name and address of the person/organization and column (ii) specifying the rule or sub-rule which is proposed to be modified and column (iii) specifying the revised rule or sub-rule proposed to be substituted and reasons thereof. The objections and suggestions, which may be received from any person or organization with respect to the said draft notification before expiry of the period specified above, will be considered by the Government of National Capital Territory of Delhi." CHAPTER - I PRELIMINARY 1. Short title, application and commencement- (i) These rules may be called Industrial Relation (Delhi) Rules, 2025. (ii) They shall apply to the industrial establishments and matters in relation to which the Appropriate Government is the Government of National Capital Territory of Delhi. (iii) They shall come into force on the date of their publication in the Delhi Gazette. 2. Definition- (1) In these rules, unless the context otherwise requires,- (a) "Appropriate Government" means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under article 239 and designated as such under article 239 AA of the constitution. (b) "Form" means form appended to the rules. (c) "Code" means the Industrial Relations Code, 2020; (d) "Electronically" means any information submitted by email or uploading on the designated web portal or digital payment in any mode for the purpose of Code. (e) "Section" means the sections of the Code; (f) "Web Portal" means web portal notified by Government of National Capital Territory of Delhi. (g) The words and expressions used in these rules which are not defined therein, but are defined in the Code, shall have their respective meaning as assigned to them in the Code. 3. Written agreement between the employer and worker arrived at otherwise than in the course of conciliation proceeding to arrive at a settlement under clause (zi) of section 2.- The Agreement under clause (zi) of Section 2 for written agreement between the employer and worker shall be in the form specified in Form-I and shall be signed by the parties in the agreement and a copy thereof shall be sent to the concerned Conciliation Officer. Chapter II BI-PARTITE FORUMS 4. Constitution of Works Committee and choosing of representatives of employer and workers engaged in the establishment under section 3- (1) Every employer to whom an order made under sub-section (1) of section 3 relates, shall forthwith proceed to constitute a Works Committee in the manner as is specified in the following sub-rules: (2) The number of members constituting the Committee shall be fixed so as to afford representation to the various categories, groups and class of workers engaged in, and to the sections, shops or departments of the establishment: Provided that the total number of members of the Works Committee shall not exceed twenty: Provided further that the number of representatives of the worker in the Works Committee shall not be less than the number of representatives of the employer thereon. (3) Subject to the provisions of this rule, the representatives of the employer in the Works Committee shall be nominated by the employer and shall, as far as may be possible, be officials in direct touch with, or associated with, the working of the industrial establishment. (4) (a) Where any workers of the industrial establishment are members of a registered Trade Union, the employer shall ask such Trade Union to inform him in writing as to – (i) How many of the workers are members of such Trade Union; and (b) Where an employer has reason to believe that the information furnished to him under clause (a) by the registered Trade Union is false, he may, after informing such Trade Union, refer the matter to the Authority appointed or notified by the Appropriate Government concerned, who shall, after hearing the parties, shall decide the matter and his decision shall be final. (5) On receipt of the information called for under sub-rule (4), the employer shall provide for the selection of worker’s representative in the Committee in two following groups, namely:- (a) Registered Trade Union may choose their representatives as members for Grievance Redressal Committee in the proportion of their membership. (b) Such workers those who are not member of registered Trade Union, may choose amongst themselves representatives for Grievance Redressal Committee. (6) (a) The Works Committee shall have among its office-bearers a Chairman, a Vice-Chairman, a Secretary and a Joint-Secretary. The Secretary and the Joint-Secretary shall be elected every year. (b) The Chairman shall be nominated by the employer from amongst the employer’s representatives on the Works Committee and he shall, as far as possible, be the head of the industrial establishment; (c) the Vice-Chairman shall be elected by the members, on the Works Committee representing the workers, from amongst themselves: Provided that in the event of equality of votes in the election of the Vice- Chairman, the matter shall be decided by draw of a lot. (d) the Works Committee shall elect the Secretary and the Joint Secretary provided that where the Secretary is elected from amongst the representatives of the employers, the Joint Secretary shall be elected from amongst the representatives of the worker and vice versa: Provided that the post of the Secretary or the Joint Secretary, as the case may be, shall not be held by a representative of the employer or the worker for two consecutive years: Provided further that the representatives of the employer shall not take part in the election of the Secretary or Joint Secretary, as the case may be, from amongst the representatives of the worker and only the representatives of the worker shall be entitled to vote in such elections. (e) In any election under clause (d), in the event of equality of votes, the matter shall be decided by a draw of lot. (7) (a) the term of office of the representatives on the Works Committee other than a member chosen to fill a casual vacancy shall be two years; (b) A member chosen to fill a casual vacancy shall hold office for the unexpired term of his predecessor; (c) A member who without obtaining leaves from the Works Committee, fails to attend three consecutive meetings of the Committee shall forfeit his membership. (8) In the event of worker’s representative ceasing to be a member under clause (c) of sub-rule (7) or ceasing to be employed in the establishment or in the event of his resignation, death or otherwise, his successor shall be chosen in accordance with the provisions of this rule from the same group to which the member vacating the seat belonged. (9) The Works Committee shall have the right to co-opt in a consultative capacity, persons employed in the industrial establishment having particular or special knowledge of a matter under discussion. Such co-opted member shall not be entitled to vote and shall be present at meetings only for the period during which the particular question is before the Works Committee. (10) (a) the Works Committee may meet as often as necessary but not less often than once in three months. (b) The Works Committee shall at its first meeting regulate its own procedure. (11) (a) the employer shall provide accommodation for holding meetings of the Works Committee. He shall also provide all necessary facilities to the Works Committee and to the members thereof for carrying out the work of the Works Committee. The Works Committee shall ordinarily meet during working hours of the industrial establishment concerned on any working day and the representative of the worker shall be deemed to be on duty while attending the meeting; (b) The Secretary of the Works Committee may with the prior concurrence of the Chairman, put up notice regarding the work of the Works Committee on the notice board of the industrial establishment. 5. Manner of choosing members from the employer and the workers for Grievance Redressal Committee under sub-section (2) of section 4- (1) The Grievance Redressal Committee shall consist of equal number of members representing the employer and the workers, which shall not exceed ten. (2) The representatives of the employer shall be nominated by the employer and shall, as far as may be possible, be officials in direct touch with or associated with the working of the industrial establishment, preferably the heads of major departments of the industrial establishment. (3) The representatives of the workers shall be chosen by the registered Trade Union. In case where there is no registered Trade union the member may be chosen by the workers of the industrial establishment: Provided that there shall be adequate representation of women workers in the Grievance Redressal Committee and such representation shall not be less than the proportion of women workers to the total workers employed in the industrial establishment: Provided further that the tenure of the members of the Grievance Redressal Committee shall be co- terminus with the tenure of the members of the registered Trade Union. Provided further that in the absence of registered Trade Union, the tenure of members of Grievance Redressal Committee shall be for a period of two years from the date of the constitution of the Grievance Redressal Committee. (4) Where any workers of the industrial establishment are members of a registered Trade Union, the employer shall ask such Trade Union to inform him in writing as to – (a) how many of the workers are members of such Trade Union; (b) Where an employer has reason to believe that the information furnished to him under clause (a) by the registered Trade Union is false, he may, after informing such Trade Union, refer the matter to the Authority appointed or notified by the Appropriate Government, who shall, after hearing the parties, shall decide the matter and his decision shall be final. (5) On receipt of the information called for under sub-rule (4), the employer shall provide for the selection of worker’s representative on the Committee by two following groups, namely:- (a) Registered Trade Union may choose their representatives as members for Grievance Redressal Committee in the proportion of their membership. (b) Such workers those who are not member of registered Trade Union, may choose amongst themselves representatives for the Grievance Redressal Committee. 6. Application in respect of any dispute to be filed before the Grievance Redressal Committee by any aggrieved worker under sub-section (5) of section 4-Any aggrieved worker may file an application stating his dispute therein before the Grievance Redressal Committee giving his name, designation, employee Code, Department where posted, length of service in years, category of worker, address for correspondence, contact number, details of grievances and relief sought. Such application may be sent electronically or otherwise. The Grievance may be raised within one year from the date on which the cause of action of such dispute arises. 7. Manner of filing application for the conciliation of grievance as against the decision of the Grievance Redressal Committee to the conciliation officer under sub-section (8) of section 4 - Any worker who is aggrieved by the decision of the Grievance Redressal Committee or whose grievance is not resolved by the said Committee within thirty days of receipt of the application, may file an application through Web Portal or by registered post or speed post within a period of sixty days from the date of the decision of the Grievance Redressal Committee or from the date on which the period specified in sub- section (6) of section 4 expires, as the case may be, to the conciliation officer through the Trade Union, of which he is a member or otherwise: Provided that in case of manual receipt of such application through registered post or speed post, the conciliation officer shall get the same digitized and enter the particulars of the application in the online mechanism under intimation to the concerned worker. Chapter III Trade Union 8. The payment of a subscription by members of the Trade Union and donation from such members and others under clause (f) of section 7-The payment of minimum subscription by member of Trade Union which shall not be less than Rs. 100/- per annum. 9. Manner of annual audit under clause (j) of section 7-(1). The annual audit of the account of any registered trade union or federation of union shall be conducted by an auditor authorized to audit the account of companies under section 139 of Companies Act 2013. Provided that where the membership of Trade union did not at any time during the financial year exceed 2500, annual audit of the accounts may be conducted by any two members of the union. (2) The auditor or auditors shall be given access to all the books of the Trade Union and shall verify the annual return with the accounts and vouchers relating thereto and shall thereafter sign the auditor’s declaration appended to Form II indicating separately on that Form under his signature or their signatures, a statement showing in what respect he or they find the return to be incorrect, unvouched or not in accordance with the Act. The particulars given in this statement shall Indicate- a) every payment which appears to be unauthorized by the rules of the Trade Union or contrary to the provisions of the Act, b) the amount of any deficiency or loss which appears to have been incurred by the negligence or misconduct of any person, c) the amount of any sum which ought to have been brought but is not brought to account by any person; 10. Form of declaration to be made by an affidavit and the manner of making the same under clause (a) of sub-section (1) of section 8- Every application for registration of a Trade Union shall be made to the Registrar electronically or by speed post/registered post along with a declaration made regarding the authenticity of information given through an affidavit in Form III. 11. Form of general statement of the assets and liabilities of the Trade Union prepared in such form and containing such particulars under sub-section (2) of section 8- The statement of the assets and liabilities of the Trade Union shall be submitted to the Registrar in Form IV electronically or by speed post/registered post along with a copy of annual audit report. 12. Form of application for registration under sub-section (1), and the form of issuing certificate of registration to be issued by the Registrar to the applicant Trade Union under sub-section (2) of section 9- The application for registration under sub- section (1) of section 8, shall be in Form V and the certificate of registration to be issued by the Registrar to the applicant under sub-section (2) of section 9 shall be in Form VI. 13. Register for entering the name and other particulars of Trade Union under sub-section (3) of section 9 and verification of application of the Trade Union under sub- section (5) of section 9- (1) The Registrar after issuing the certificate of registration shall register the name and other particulars of the Trade Union by entering in a register, to be maintained in Form-VII for the purpose of sub-section (3) of section 9. (2) The certificate of registration of Trade Union issued by Registrar may be withdrawn or cancelled after the verification done by the Registrar on the grounds mentioned in sub section 5 of section 9. 14. Period within which appeal is to be preferred by Trade Union to Tribunal under sub-section (1) of section 10- If an application is refused by the Registrar for granting registration or cancel registration under Sub-Section (5) of Section 9, the person aggrieved may file appeal to the Tribunal within the period of 30 days from the date of refusal of application or cancellation of certificate. 15. Manner of sending the communication and notices under sub-section (1) and the manner to inform the Registrar under sub-section (3) of section 11- (1). All communication and notices to the registered Trade Union shall be sent by the Registrar to the address of the head office of the Trade Union as entered in the register in Form VII through registered post or electronically. (2). All communication to the Registrar by the Trade Union for the purpose of Sub- Section (2) and Sub- Section (3) of Section 11 shall be through registered post or through electronic mode. 16. Matters on which negotiating union or negotiating council, as the case may be, in an industrial establishment may negotiate with the employer of the industrial establishment under sub- section (1) and the criteria to be followed by the employer of industrial establishment under sub- section (2) of section 14- (1). The negotiating union or negotiating council, as the case may be, in an industrial establishment having registered trade union for negotiating with the employer of the industrial establishment may negotiate on issues related to terms of employment or condition of services. (2). In case where an industrial establishment has only one registered Trade Union, the employer of such industrial establishment shall recognize such registered Trade union as sole negotiating union, only if at the time of initiation of negotiation, more than 25% of the total workers of the industrial establishment are the members of that registered Trade Union. 17. Manner of verification of workers on the muster roll of the industrial establishment, under sub-sections (3) and (4) and the facilities to be provided by industrial establishment to a negotiating union or negotiating council under sub-section (7) of section 14- (1). The verification of workers on the muster roll of the industrial establishment, under sub-sections (3) and (4) of Section 14 shall be made in presence of authority as notified by Appropriate Government. (2) the employer of the industrial establishment shall provide reasonable space for negotiation to the recognized negotiating union or negotiating council, as the case may be. 18. The objects under sub-section (1) and sub-section (2) and the subscription payable under sub- section (4) of section 15- The general funds of a registered Trade Union shall not be spent on any other objects than the following, namely: - (a) the payment of salaries, allowances and expenses to office-bearers of the Trade Union; (b) the payment of expenses for the administration of the Trade Union, including audit of the accounts of the general funds of the Trade Union; (c) the prosecution or defense of any legal proceeding to which the Trade Union or any member thereof is a party, when such prosecution or defense is undertaken for the purpose of securing or protecting any rights of the Trade Union as such or any rights arising out of the relations of any member with his employer or with a person whom the member employs; (d) the conduct of industrial disputes on behalf of the Trade Union or any member thereof; (e) the compensation of members for loss arising out of industrial disputes; (f) allowances to members or their dependents on account of death, old age, sickness, accidents or unemployment of such members; (g) the issue of, or the undertaking of liability under, policies of assurance on the lives of members, or under policies insuring members against sickness, accident or unemployment; (h) the provision of educational, social or religious benefits for members (including the payment of the expenses of funeral or religious ceremonies for deceased members) or for the dependents of members; (i) the upkeep of a periodical published mainly for the purpose of discussing questions affecting employers or workmen as such; (j) the payment, in furtherance of any of the objects on which the general funds of the Trade Union may be spent, of contributions to any cause intended to benefit workmen in general, provided that the expenditure in respect of such contributions in any financial year shall not at any time during that year be in excess of one-fourth of the combined total of the gross income which has up to that time accrued to the general funds of the Trade Union during that year and of the balance at the credit of those funds at the commencement of that year; and (k) subject to any conditions, any other object notified by the Appropriate Government in the official Gazette. 19. Manner of making application for adjudication before the Tribunal under sub- section (1) of section 22- For the purpose of Sub-Section (1) of Section 22, the application for adjudication before the Tribunal shall be made in Form VIII. 20. Manner of amalgamation under sub-section (2), and the manner of sending signed amalgamation to the Registrar of a different State under sub-section (3) of section 24- (1).On receipt of a notice of amalgamation under sub-section (3) of section 24, if the head office of the amalgamated trade union is in the Government of National Capital Territory of Delhi, the Registrar shall consult the Registrar of Trade union in other state so amalgamating if any, before registering the amalgamated trade union under sub-section (6) of Section 24. (2). When the amalgamated trade union is registered under sub-section (6) of Section 24, it shall be assigned a number in the register in Form VII and the Registrar shall issue a new certificate in Form VI. He shall also note the fact of amalgamation against the entries, if any, relating to the trade unions so amalgamated in the register in Form VII and send intimation of the registration of the amalgamated union to the Registrar of the Trade union so amalgamated in other State, if any. 21. Distribution of funds of the Trade Union on dissolution by Registrar under sub- section (2) of section 25-Where it is necessary for the Registrar, under sub-section (2) of section 25, to distribute the funds of a trade union which has been dissolved. He shall divide the funds in proportion to the amounts contributed by the members on roll at the time of dissolution by way of subscription to the several funds of the trade union during their membership. In the event of the death of a member of a trade union subsequent to the date of its dissolution but prior to the distribution of funds, the Registrar shall pay the sum payable to such member to his legal dependents. 22. The date before which a general statement shall be forwarded annually to the Registrar, the particulars to be contained in general statement and its Form, the person by whom and the manner in which such general statement shall be audited under clause (a) of sub-section (1) of section 26-The annual return to be furnished under section 26 shall be submitted electronically or by Speed/Registered post to the Registrar by the 31st day of July in each year and shall be in Form IX. 23. Manner and purpose of recognition of a Trade Union or a federation of Trade Unions by the State Government as a State Trade Union at the State level and the authority and the manner of deciding dispute by it under sub-section (2) of section 27- (1) The Appropriate Government may recognize any Trade Union or Federation of Trade union as State Trade Union if the Trade union or Federation of Union has at least a combined verified membership of twenty thousand or more and the membership presence is in at least four types of industries in the State. (2) The Appropriate Government may give preference to those Trade Unions which are recognized as State Trade Union for the purpose of constitution of any tripartite forum formed under the provision of different codes or otherwise. (3) In case of any dispute in relation to the recognition of State Trade Union, the Tribunal constituted under the provision of the said code, shall be the final authority for adjudicating the dispute. Chapter IV STANDING ORDERS 24. The manner of forwarding information to the certifying officer under sub-section (3) of section 30 and the period within which the amendment of standing order is to be done as observed by the certifying officer under the proviso thereof - (1) If the employer adopts the model standing order of the Central Government referred to in section 29 with respect to matters relevant to his industrial establishment or undertaking, then, he shall intimate the concerned certifying officer electronically or through registered post the specific date from which the provisions of the model standing order which are relevant to his establishment have been adopted. (2) On receipt of information in sub-rule (1) the certifying officer within a period of thirty days from such receipt may give his observation that the employer is required to include certain provisions which are relevant to his establishment and indicate those relevant provisions of the model standing orders which have not been adopted and shall also direct the employer to amend the standing order so adopted, by way of addition, deletion or modification within a period of thirty days from the date of the receipt of such direction and ask for compliance report only in respect of provisions which the certifying officer seeks to get so amended and such report shall be sent electronically by the employer. (3) If no observation is made by certifying officer within a period of thirty days of the receipt of the information as specified in sub-rule (1) and (2), then, the standing order shall be deemed to have been adopted by the employer. 25. Manner of choosing representatives of the workers of the industrial establishment or undertaking for issuing notice by certifying officer, where there is no Trade Union operating, under sub-section (5) and the manner of authentication of certified standing orders under sub-section (8) of section 30- (1) Where there is no such Trade Union as is referred to in clause (ii) of said sub-section (5), then, the certifying officer shall call a meeting of the workers to choose three representatives, to whom he shall, upon their being chosen, forward a copy of the standing order requiring objections, if any, which the workers may desire to make to the draft standing order to be submitted within fifteen days from the receipt of the notice. (2) Standing orders or modification in the standing orders, certified in pursuance of sub-section (8) of section 30 or the copies of the order of the appellate authority under sub-section (1) of section 33 shall be authenticated by the certifying officer or the appellate authority, as the case may be, by signing and affixing stamp and shall be sent electronically within a week to all concerned, but there shall not be any requirement of certification in cases of deemed certification under sub-section (3) of section 30 and in cases where the employer has certified adoption of model standing orders. 26. Statement to be accompanied with draft standing orders under sub-section (9) of section 30.- A statement to be accompanied with- (i) draft standing order shall contain, the particulars such as name of the industrial establishment or undertaking concerned, address, e-mail address, contact number and strength and details of workers employed therein including particulars of Trade union to which such workers belong; and (ii) draft modification in the existing standing orders, shall contain the particulars of such standing orders which are proposed to be modified along with a tabular statement containing details of each of the relevant provision of standing order in force and proposed modification therein and reasons thereof and such statement shall be signed by a person authorized by the industrial establishment or undertaking. 27. Conditions for submission of draft standing orders by group of employers in similar establishment under sub-section (10) of section 30- In cases of group of employer engaged in similar industrial establishment may submit a joint draft standing order under section 30 and for the purpose of proceedings specified in sub- sections (1), (5), (6), (8) and (9) thereof after consultation with the concerned Trade union. Provided that the joint draft standing orders, in cases of group of employers engaged in similar industrial establishments, will be drafted and submitted to the Commissioner of Labour who shall, in consultation with the concerned certifying officers, certify or refuse to certify the said joint draft standing order, after recording reasons therefore. 28. Manner of disposal of appeal by the appellate authority under section 32:- (1) An employer or Trade Union desirous of preferring an appeal against the order of the certifying officer given under sub-section (5) of section 30 shall within sixty days of the receipt of such order shall draw up a memorandum of appeal in tabular form stating therein the provisions of the standing orders which are required to be altered or modified or deleted or added and reasons thereof and shall be filed electronically to the appellate authority. (2) The appellate authority shall fix a date for the hearing of the appeal and direct notice thereof to be given – (a) where the appeal is filed by the employer or a worker, to Trade Union of the workers of the industrial establishment or to the representative body of the workers concerned or to the employer, as the case may be; (b) where the appeal is filed by a Trade Union, to the employer and all other Trade Unions of the workers of the industrial establishment; and (c) where the appeal is filed by the representative of the workers, to the employer and any other worker whom the appellate authority joins as a party to the appeal. (3) The appellant shall furnish each of the respondents with a copy of the memorandum of appeal. (4) The appellate authority may at any stage of the proceeding call for any evidence, if it considers necessary for the disposal of the appeal. (5) On the date fixed under sub-rule (2) for the hearing of the appeal, the appellate authority shall take such evidence as it may have called or consider to be relevant if produced and after hearing the parties dispose of the appeal. 29. The manner of sending copies of the order of the appellate authority under sub-section (1) and the language and the manner of maintaining standing order under sub-section (2) of section 33:- (1) The standing order finally certified by certifying officer shall be sent electronically or through registered post except in the case of deemed certification under section 30. (2) The text of the standing order as finally certified or deemed to have been certified or adopted model standing order under this Chapter shall be maintained by the employer in Hindi or in English. 30. Form of register for filing finally certified standing orders by the certifying officer and fee for furnishing certified copy of such orders under section 34- (1) The certifying officer shall maintain electronically, a register of all standing orders certified or deemed to have been certified or adopted model standing orders of all the concerned industrial establishments, inter-alia, containing the details of – a. the unique number assigned to each standing order; b. name of industrial establishment; с. nature of industrial establishment; d. date of certification or deemed certification or date of adoption of model standing order by each establishment or undertaking; e. the areas of the operation of the industrial establishment; and f. such other details as may be relevant and helpful in retrieving the standing orders and create a data base of such of all standing orders. (2) The certifying officer shall furnish a copy of the certified standing orders or deemed certifying orders to any person applying there for on payment of two rupees per page of the certified standing orders or deemed certified standing orders, as the case may be. The payment for such purpose can also be made through electronic mode. 31. Application for modification of standing orders to be made before certifying officer under sub-section (2) of section 35 - The application for modification of an existing standing order under sub- section (2) of section 35 shall be submitted electronically and contain the particulars of such standing orders which are proposed to be modified along with a tabular statement containing details of each of the relevant provisions of standing order in force, and proposed modifications therein, reasons thereof and the details of registered Trade union(s) operating therein, and such statement shall be signed by a person authorized by the industrial establishment or undertaking. Chapter V NOTICE OF CHANGE 32. The manner of giving of notice of the nature of the change proposed to be effected under clause (i) of section 40- (1) Any employer intending to effect any change in the conditions of service applicable to any worker in respect of any matter specified in the Third Schedule to the Code, shall give notice in Form-X to such worker affected by such change. (2) The notice referred in sub-rule (1) shall be displayed conspicuously by the employer on the notice board at the main entrance of the industrial establishment and the office of the concerned Manager of the industrial establishment: Provided that where there is a registered Trade Union or registered Trade Unions relating to the industrial establishment a copy of such notice shall also be served on the Secretary of such Trade Union or each of the Secretaries of such Unions, as the case may be. Chapter VI VOLUNTARY REFERENCE OF DISPUTES TO ARBITRATION 33. Form of arbitration agreement and the manner to be signed by the parties thereto under sub- section (3) of section 42 - (1) Where the employer and workers agree to refer the dispute to arbitration, the Arbitration Agreement shall be in Form-XI and shall be signed by the parties to the agreement. The agreement shall be accompanied by the consent either in writing or electronically of arbitrator or arbitrators. (2) The Arbitration Agreement referred to in sub-rule (1) shall be signed.- (ii) In case of an employer, by the employer himself, or when the employer is an incorporated company or other body corporate, by the agent, manager or other officer of the corporation authorized for such purposes; (iii) In the case of the workers by the officer of the registered Trade Union authorized in this behalf or by three representatives of the workers duly authorized in this behalf at a meeting of the concerned workers held for such purpose; (iv) In the case of an individual worker, an individual worker by the worker himself or by an officer of registered Trade Union of which the worker is a member: Explanation- (1) In this rule, the expression officer means any officer of a registered Trade Union or an association of the employer authorized for such purpose; (2) In this rule "officer” means any of the following officers, namely:- a) the President; b) the Vice-President; c) the Secretary (including the General Secretary); d) a Joint Secretary; and e) Any other officer of the Trade Union authorized in this behalf by the President and Secretary of the union. 34. Manner of issuance of notification where an industrial dispute has been referred to arbitration under sub-section (5) of section 42 - Where an industrial dispute has been referred to arbitration and the Appropriate Government is satisfied that the persons making the reference represent the majority of each party, it shall publish a notification in this behalf in the Official Gazette and electronically for the information of the employers and workers who are not parties to the arbitration agreement but are concerned in the dispute and they may present their case before the arbitrator or arbitrators appointed for such purpose. 35. Manner of choosing representatives of the workers where there is no Trade Union under the proviso to sub-section (5) of section 42- Where there is no Trade Union, the representative of workers to present their case before the arbitrator or arbitrators in pursuance of clause (c) of the proviso to sub-section (5) of section 42, shall be chosen by a resolution passed by the majority of concerned workers in Form-XII authorizing therein to represent the case. Such workers shall be bound by the acts of representatives who have been authorized to represent before the arbitrator or arbitrators, as the case may be. Chapter VII MECHANISM FOR RESOLUTION OF INDUSTRIAL DISPUTES 36. Manner of filling up the vacancy under sub-section (9) of Section 44 and procedure for selection, salaries and allowances and other terms and conditions of Judicial Member of the Industrial Tribunal under sub-section (5) of Section 44 – 1) The judicial member shall be appointed by the Appropriate Government on the recommendation of Search Cum Selection Committee (SCSC) specified in sub-rule (2) of this rule. 2) The search cum selection committee shall comprise of the following members, namely: i) The Chief Justice of High Court of Delhi or a Judge of High Court nominated by him - Chairperson. ii) Chief Secretary or Secretary nominated by Chief Secretary, Government of National Capital Territory of Delhi- Member; iii) Sitting Judicial member of the other Industrial Tribunal. iv) Principal Secretary/ Secretary, Labour Department, GNCTD – Member; (3) The Search-cum-Selection Committee (SCSC) shall determine its procedure for making its recommendation and, after taking into account qualification, suitability, record of past performance, integrity as well as adjudicatory experience keeping in view of the requirement of the Industrial Tribunal recommend a panel of two or three persons as it deems fit for appointment to each post. (4) No appointment of a Judicial Member shall be declared invalid merely by reason of a vacancy or absence of any member in the Search-cum-Selection Committee. (5) A Judicial Member shall hold office for a term of four years from the date on which he enters upon his office or till he attains the age of sixty five years, whichever is earlier. (6) In case of casual vacancy in the office of Judicial Member, the Appropriate Government shall appoint the Judicial Member of the other Industrial Tribunal to officiate as Judicial Member. (7) (a) A Judicial Member shall be paid a salary of rupees 2,25,000/- (fixed) per month and shall be entitled to draw allowances as are admissible to an officer of the Government of National Capital Territory of Delhi holding Group A post carrying the same pay. (b) In case of appointment of retired High Court Judge, his pay shall be reduced by the gross amount of pension drawn by him. (8) A Judicial Member shall be entitled for rent free furnished accommodation or house rent allowance at the rate as admissible to an officer of the Government of National Capital Territory of Delhi, holding Group A post carrying the same pay. (9) (a) The Appropriate Government shall be the leave sanctioning authority for the Judicial Member. (b) The Appropriate Government shall be the sanctioning authority for foreign travel to the Judicial Member. (10) Delhi Government Health Scheme facilities as admissible to an officer of the Government of National Capital Territory of Delhi holding Group A post carrying the same pay shall be applicable. (11) (a) Travelling allowance to a Judicial member shall be admissible as per entitlement of an officer of the Government of National Capital Territory of Delhi holding Group A post carrying the same pay. (12).A Judicial Member shall be entitled for leave travel concession as admissible to an officer of the Government of National Capital Territory of Delhi holding Group A post carrying the same pay. (13) A Judicial Member shall be entitled for transport allowance as admissible to an officer of the Government of National Capital Territory of Delhi holding Group A post carrying the same pay. (14) No person shall be appointed as Judicial Member unless he is declared medically fit by an authority specified by the Appropriate Government in this behalf. (15) (a) If a written and verifiable complaint is received by the Appropriate Government, alleging any definite charge of misbehavior or incapacity to perform the functions as Judicial Member, it shall make a preliminary scrutiny of such complaint. (b) If on preliminary scrutiny, the Appropriate Government is of the opinion that there are reasonable grounds for making an inquiry into the truth of any mis-behaviour or incapacity of a Judicial Member, it shall make a reference to the Search-Cum-Selection Committee to conduct the inquiry. (c) The Search-Cum-Selection Committee shall complete the inquiry within six months time or such further time as may be specified by the Appropriate Government. (d) After conclusion of the inquiry, the Search-Cum-Selection Committee shall submit its report to the Appropriate Government stating therein its findings and the reasons therefor on each of the charges separately with such observations on the whole case as it may think fit. (e) The Search-Cum-Selection Committee shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and shall have power to regulate its own procedure, including the fixing of date, place and time of its inquiry. (16) A Judicial Member may, resign his office at any time by giving notice to this effect in writing under his hand addressed to the Appropriate Government: Provided that the Judicial Member shall, unless he is permitted by the Appropriate Government to relinquish office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as a successor enters upon his office or until the expiry of his term of the office, whichever is earlier. (17) (a) The Appropriate Government shall, on the recommendation of Search-Cum-Selection Committee, remove from office any Judicial Member, who,- (a) has been adjudged as an insolvent; or (b) has been convicted of an offence which, involves moral turpitude; or (c) has become physically or mentally incapable of acting as such a Judicial Member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a Judicial Member; or (e). has so abused his position as to render his continuance in office prejudicial to the public interest: Provided that where a Judicial Member is proposed to be removed on any ground specified in clauses (b) to (e), he shall be informed of the charges against him and given an opportunity of being heard in respect of those charges. (18) Every person appointed as Judicial Member shall, before entering upon his office, make and subscribe an oath of office and secrecy in the Form-XIII annexed to these rules. (19) Matter relating to the terms and conditions of services of the Judicial Member with respect to which no express provisions has been made in these rules, shall be referred by the Industrial Tribunal to the Appropriate Government for its decision, and the decision of the Appropriate Government thereon shall be binding. (20) The Appropriate Government shall have power to relax the provision of any of these rules in respect of any class or categories of persons for the reasons to be recorded in writing. 37. Manner of filling up the vacancy under sub-section (9) of Section 44 and procedure for selection, salaries and allowances and other terms and conditions of Administrative Member of the Industrial Tribunal under sub-section (5) of Section 44:- 1) The Qualification for appointment of the Administrative member of the Industrial Tribunal (hereinafter in this chapter referred to as Administrative Member) shall be such as given in sub section (5) of section 44. 2) The Administrative Member shall be appointed by the Appropriate Government on the recommendation of a Search Cum Selection Committee (SCSC) specified in sub-rule (3) of this rule. 3) The Search Cum Selection Committee for administrative member shall comprise of the following members, namely: i)The Chief Justice of High Court of Delhi or a Judge of High Court nominated by him - Chairperson. ii) Chief Secretary or Secretary nominated by Chief Secretary, Government of National Capital Territory of Delhi- Member; iii) Sitting Administrative Member of other Industrial Tribunal. iv) Principal Secretary/ Secretary, Labour Department, GNCTD – Member; 4). The Search-cum-Selection Committee (SCSC) shall determine its procedure for making its recommendation and, after taking into account qualification, suitability, record of past performance, integrity as well as experience keeping in view of the requirement of the Industrial Tribunal and recommend a panel of two or three persons as it deems fit for appointment to said post. 5) A person shall not be qualified for appointment as an Administrative Member of the Industrial Tribunal (hereinafter in this chapter referred to as Administrative Member) unless- he holds or has held the post of Joint Secretary and above in Govt. of NCT of Delhi for at least three years (6) No appointment of Administrative Member shall be declared invalid merely by reason of one vacancy or absence of any Member in the Search-cum-Selection Committee. (7) An administrative member shall hold office for a term of 4 years or till he attains the age of 65 years, whichever is earlier (8) In case of casual vacancy in the office of Administrative Member, the Appropriate Government shall appoint the Administrative Member of the other Industrial Tribunal to officiate as Administrative Member. (a) The Administrative Member shall be paid a salary of rupees 1,75,000/- per month and shall be entitled to draw allowances as are admissible to an officer of the Appropriate Government of Delhi holding Group A post carrying the same pay (b). In case of retired Government Officer, his pay shall be reduced by the gross amount of pension drawn by him. (c). In case of serving Government Officer, the service rendered in Industrial Tribunal shall be counted for pension to be drawn in accordance with the extant rules of the service which he belong and shall be governed by General Provident Fund (Central Service) Rules, 1960. (d). Administrative Member shall be entitled for rent free furnished accommodation or house rent allowance at the rate as admissible to an officer of the Government of National Capital Territory of Delhi holding Group A post carrying the same pay. (e). In case of serving Government officer, leave shall be admissible in accordance with the extant rules of the service which he belongs. (f) In case of retired Government Officers, leave shall be admissible as are admissible to an officer of the Government of National Capital Territory of Delhi, holding Group A post carrying the same pay. 9. (a) The Appropriate Government shall be the leave sanctioning authority for the Member. (b) The Appropriate Government shall be the sanctioning authority for foreign travel to the Administrative Member 10. Health facilities equivalent to Delhi Government Health facilities as admissible to an officer of the Government of National Capital Territory of Delhi holding Group A post carrying the same pay shall be applicable. 11 (a) An Administrative Member shall be entitled for transport allowance as admissible to an officer of the Government of National Capital Territory of Delhi holding Group A post carrying the same pay. (b) In case of retired Government Officer, transfer travelling allowance for joining the Industrial Tribunal from home town to head quarter and vice-versa at the end of assignment shall also be admissible as entitlement of an officer of the Government of National Capital Territory of Delhi holding Group A post carrying the same pay. 12. An Administrative Member shall be entitled for leave travel concession as admissible to an officer of the Government of National Capital Territory of Delhi holding Group A post carrying the same pay. 13. No person shall be appointed as an Administrative Member, unless he is declared medically fit by an authority specified by the Appropriate Government in this behalf 14. (a) If a written and verifiable complaint is received by the Appropriate Government, alleging any definite charge of misbehavior or incapacity to perform the functions as Administrative Member, it shall make a preliminary scrutiny of such complaint b) If on preliminary scrutiny, the Appropriate Government is of the opinion that there are reasonable grounds for making an inquiry into the truth of any misbehavior or incapacity of an Administrative Member, it shall make a reference to the Search-Cum-Selection Committee to conduct the inquiry. c). The Search-Cum-Selection Committee shall complete the inquiry within six months time or such further time as may be specified by the Appropriate Government. d) After conclusion of the inquiry, the Search-Cum-Selection Committee shall submit its report to the Appropriate Government stating therein its findings and the reasons therefore on each of the charges separately with such observations on the whole case as it may think fit. e)The Search-Cum-Selection Committee shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and shall have power to regulate its own procedure, including the fixing of date, place and time of its inquiry. 15. An Administrative Member may, resign his office at any time by giving notice to this effect in writing under his hand addressed to the Appropriate Government Provided that the Administrative Member shall, unless he is permitted by the Appropriate Government to relinquish office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as a successor enters upon his office or until the expiry of his term of the office, whichever is earlier 16 The Appropriate Government shall, on the recommendation of the Search Cum Selection Committee, remove from office any Administrative Member, who- (a) has been adjudged as an insolvent; or (b) has been convicted of an offence which, involves moral turpitude, or (c) has become physically or mentally incapable of acting as such Member; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as an Administrative Member; or (e). has so abused his position as to render his continuance in office prejudicial to the public interest: Provided that where an Administrative Member is proposed to be removed on any ground specified in clauses (b) to (e), he shall be informed of the charges against him and given an opportunity of being heard in respect of those charges. 17. Every person appointed as Administrative member shall, before entering upon his office, make and subscribe an oath of office and secrecy in the Form-XIII annexed to these rules. 18. The Appropriate Government shall have power to relax the provision of any of these rules in respect of any class or categories of persons for the reasons to be recorded in writing. 38. Manner of holding conciliation proceedings under sub-section (1), form of full report under sub- section (4), and the form of application and the manner of deciding such application under sub- section (6) of section 53.- (1) Where any industrial dispute exists or is apprehended or a notice under section 62 has been given, the conciliation officer on receipt of such application shall examine the application and if he finds that the dispute pertains to the jurisdiction of the any other conciliation officer, shall transfer the dispute to the concerned conciliation officer. In other cases, he will issue first notice to the parties concerned declaring his intention to commence conciliation proceedings. (i). The employer or the workers representative in the first meeting shall submit their respective statement in the matter of said dispute. (2) (i) The conciliation officer shall hold conciliation proceedings for the purpose of bringing about a settlement of the dispute and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement. (ii) If no such settlement is arrived at in the conciliation proceeding referred to in sub-rule (1), the conciliation officer shall submit a report on Web Portal within seven days from the date on which the conciliation proceedings are concluded and made available on the said Web Portal. (3) The report referred to in sub-rule (2) shall be accessible to the parties concerned on the said Web Portal. (4) The report referred to in sub-rule (2) shall contain inter-alia the submissions of the employer, worker or Trade union, as the case may be, and it shall also contain the efforts made by the conciliation officer to bring the parties to the amicable settlement, reasons for refusal of the parties to resolve the dispute and the conclusion of the conciliation officer. (5) In case of an industrial dispute which has not been settled during the conciliation proceedings, an application may be made before the Tribunal by either of the parties concerned for adjudication. The Tribunal shall direct the party raising the dispute to file a statement of claim with complete details along with relevant documents, list of supporting documents and witnesses within thirty days from the date on which application is filed. A copy of such statement may be sent electronically or uploaded on the online portal or may be sent by registered post for service on each of the opposite parties in the dispute. (6) The Tribunal after ascertaining that the copies of statement of claim and other related documents are furnished to the other side by the party raising the dispute, the Tribunal shall fix the first hearing as soon as possible and within a period of one month from the date of receipt of the application. The opposite party or parties shall file their written statement together with supporting documents and the list thereof and list of witnesses, if any, within a period of thirty days from the date of first hearing and simultaneously forward a copy thereof to the opposite party or parties for service. (7) Where the Tribunal finds that the party raising the dispute, despite its directions, did not forward the copy of the statement of claim and other documents to the opposite party or parties, it shall give directions to the concerned party to furnish the copy of the statement to the opposite party or parties, granting extension of fifteen days for filing the statement, if the Tribunal finds sufficient cause for not filing the statement of claim and other documents within time. (8) Evidence shall be recorded either in Tribunal or may be filed on affidavit but in the case of affidavit the opposite party shall have the right to cross-examine each of the deponents filing the affidavit. Where the oral examination of each witness proceeds, the Tribunal shall make a memorandum of the substance of what is being deposed. While recording the oral evidence the Tribunal shall follow the procedure laid down in rule 5 of Order XVIII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908). (9) On completion of evidence, arguments may be heard immediately or a date may be fixed for arguments, which shall not be beyond a period of fifteen days from the closure of evidence. (10) The Tribunal shall not ordinarily grant an adjournment for a period exceeding a week at a time, but not in any case more than three adjournments in all, at the instance of the parties to the dispute, shall be granted: Provided that the Tribunal for reasons to be recorded in writing, grant an adjournment exceeding a week at a time but not in any case more than three adjournments, at the instance of any one of the parties to the dispute, shall be granted. (11) In case any party defaults or fails to appear at any stage, the Tribunal may proceed with the case ex-parte, and decide the application in the absence of the defaulting party: Provided that the Tribunal may on the application of either party filed before the submission of the award, revoke the order that the case shall proceed ex- parte, if it is satisfied that the absence of the party was on justifiable grounds, and proceed further to decide the matter as contested. (12) The Tribunal shall communicate its Award electronically to the parties concerned and the Appropriate Government and upload on the online portal within one month from the date of the pronouncement of the award. (13) The Tribunal may summon and examine any person whose evidence appears to it to be material for deciding the case and shall be deemed to be a civil court within the meaning of sections 384, 385 and 387 of the Bhartiya Nagrik Suraksha Sanhita 2023 . (14) Where assessors are appointed to advise a Tribunal under sub-section (5) of section 49 in relation to proceeding before it, the Tribunal shall obtain the advice of such assessors, but such advice shall not be binding. (15) A party in an award, who wants to obtain a copy of the award or other document, may obtain a copy of the award or other document after depositing the fee electronically in the Tribunal, as the case may be, in the following manner, namely :- (16) (a) Fee for obtaining a copy of an award or the document filed in any proceedings of Tribunal be charged at the rate of Rs. Two per page. (b) For certifying a copy of any such award or order or document, a fee of Rs. Two per page shall be payable. (c) Copying and certifying fees shall be payable electronically. (d) Where a party applies for immediate delivery of a copy of any such award or document, an additional fee equal to one-half of the fee leviable under this rule shall be payable. (17) The representatives of the parties appearing before a Tribunal shall have the right of examination, cross-examination and of addressing the Tribunal when evidence has been called. (18) The proceedings before Tribunal shall be held in open court: Provided that the Tribunal may direct any proceeding before it to be held by video conferencing. Provided further that Tribunal may at any stage direct that any witness shall be examined or its proceedings be held in-camera. Chapter VIII STRIKES AND LOCK-OUTS 39. The number of persons by whom the notice of strike shall be given, the person or persons to whom such notice shall be given, and the manner of giving such notice, under sub-section (4) of section 62. - The notice of strike referred to in sub-section (1) of section 62 shall be given to the employer of an industrial establishment in Form-XV which shall be duly signed by the Secretary and five elected representatives of the registered Trade Union relating to such industrial establishment endorsing the copy thereof electronically or otherwise to the concerned conciliation officer, Authority appointed or notified by the Appropriate Government. 40. Manner of giving notice of lock-out under sub-section (5) and authority under sub-section (6) of section 62. – (1) The notice of lock-out referred to in sub-section (2) of section 62 shall be given by the employer of an industrial establishment in Form-XVI to the Secretary of every registered Trade Union relating to such industrial establishment endorsing a copy thereof to the concerned conciliation officer, Joint Commissioner of Labour/Deputy Commissioner of Labour of the district concerned and to Commissioner of Labour, GNCT of Delhi. The notice shall be displayed conspicuously by the employer on a notice board or on electronic board at the main entrance to the industrial establishment. (2) If the employer of an industrial establishment receives from any person employed by him any notice of strike as referred to in sub-section (1) of section 62 then he shall within five days from the date of receiving of such notice, intimate the same electronically to the concerned conciliation officer, Authority appointed or notified by the Appropriate Government. (3) If the employer gives to any person employed by him a notice of lock-out, then he shall within five days from the date of such notice, intimate electronically or through registered post the same to the conciliation officer, Joint Commissioner of Labour/Deputy Commissioner of Labour of the district concerned and to Commissioner of Labour, GNCT of Delhi. Chapter IX LAY-OFF, RETRENCHMENT AND CLOUSURE 41. Manner of serving notice before retrenchment of a worker employed in the industry who has been in continuous service for not less than one year by an employer on the appropriate Government or such authority as may be specified by the appropriate Government by notification under clause (c) of section 70 - If any employer desires to retrench any worker employed in his industrial establishment who has been in continuous service for not less than one year under him then, such employer shall give notice of such retrenchment, in Form-XVII to the GNCT of Delhi, and the concerned Authority appointed or notified by the Appropriate Government through e-mail or, by registered or speed post. 42. Manner in which the employer shall give an opportunity to the retrenched workers who are citizens of India to offer themselves for re-employment under section 72-Where any vacancy occurs in an industrial establishment and there are workers of such industrial establishment retrenched within one year prior to the proposal for filling up such vacancy, then, the employer of such industrial establishment shall offer an opportunity at least 10 days before by registered post or speed post and through e-mail to such retrenched workers who are citizens of India. If such workers give their willingness for employment then, the employer shall give them preference over other persons in filling up of such vacancy. 43. Manner in which the employer shall serve notice on the appropriate Government stating clearly the reasons for the intended closure of the undertaking under sub-section (1) of section 74 If an employer intends to close down an industrial establishment he shall give notice of such closure in Form- XVII to the Appropriate Government and a copy thereof to the concerned Joint Commissioner of Labour or Deputy Commissioner of Labour by e-mail or registered post or speed post. Chapter X SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS 44.Manner of making application by the employer stating clearly the reasons for the intended lay-off and the manner of serving copy of such application to workers under sub-section (2) of section 78- An application for permission under sub-section (1) of section 78 shall be made by the employer in Form- XVIII stating clearly therein the reasons for the intended lay off and a copy of such application shall be served simultaneously to the worker concerned electronically and by registered post or speed post. Such application shall also be displayed conspicuously by the employer on a notice board or on electronic board at the main entrance to the industrial establishment. 45. Time-limit for review under sub-section (7) of section 78.-The Appropriate Government may, either on its own motion or on the application made by the employer or any worker, review its order granting or refusing to grant permission under sub-section (4) of the section 78 within a period of thirty days from the date on which such order is made. 46.Manner of making application by the employer stating clearly the reasons for the intended retrenchment and the manner of serving copy of such application to workers under sub-section (2) of section 79.- An application for permission referred to in sub-section (1) of section 79 shall be made by the employer in Form- XVIII stating clearly therein the reasons for the intended retrenchment electronically or through registered post and a copy of such application shall also be sent to workers electronically and by registered post or speed post. Such application shall also be displayed conspicuously by the employer on a notice board or on electronic board at the main entrance to the industrial establishment. 47. Time-limit for review under sub-section (6) of section 79.- The Appropriate Government may, either on its own motion or on the application made by the employer or any worker, review its order granting or refusing to grant permission under sub-section (3) of section 79 within a period of thirty days from the date on which such orders is made. 48. Manner of making application by the employer stating clearly the reasons for the intended closing down of an undertaking of an industrial establishment and the manner of serving copy of such application to the representatives of workers under sub-section (1) of section 80.- An employer who intends to close down an industrial establishment to which Chapter X of the Code applies shall apply electronically in Form XVIII for prior permission at least ninety days before the date on which intended closure is to become effective to the Appropriate Government, stating clearly therein the reasons for the intended closure of the industrial establishment and simultaneously a copy of such application shall also be sent to the representatives of the workers electronically and by registered post or speed post. 49. Time-limit for review under sub-section (5) of section 80.- The Appropriate Government may, either on its own motion or on the application made by the employer or any worker, review its order granting or refusing to grant permission under sub-section (2) of section 80 within a period of thirty days from the date on which such order is made. Chapter XI WORKER RE-SKILLING FUND 50. Contribution from such other sources to be made to the worker re-skilling fund under clause (b) of sub-section (2) of section 83 :- The appropriate government may notify the other sources of the fund. 51. Manner of utilization of fund under sub-section (3) of section 83.- Every employer who has retrenched a worker or workers under this Code, shall, within ten days, at the time of retrenching a worker or workers shall electronically transfer an amount equivalent to fifteen days of last drawn wages of such retrenched worker or workers in the account (name of the account shall be displayed on the website of the Labour Department), the Appropriate Government. The fund so received shall be transferred by the Appropriate Government of Delhi to each worker or workers’ account electronically within forty five days of receipt of funds from the employer and the worker shall utilize such amount for his re-skilling. The employer shall also submit the list containing the name of each worker retrenched, the amount equivalent to fifteen days of wages last drawn in respect of each worker along with their bank account details to enable the Appropriate Government to transfer the amount in their respective account. Chapter XII OFFENCES AND PENALTIES 52. Manner of composition of offence by a Gazetted Officer specified under sub-section (1) of section 89 and the manner of making application for the compounding of an offence specified under sub-section (4) of section 89.- (1) The officer notified by the Appropriate Government for the purpose of compounding of offences under sub- section (1) of section 89 (hereinafter referred to as the compounding officer), shall in the offences in which prosecution is not instituted, if the compounding officer is of the opinion that any offence under the Code for which the compounding is permissible under section 89, he shall send a notice electronically/through web portal to the accused in Form XIX consisting of three parts. In part I of such Form, the compounding officer shall inter- alia specify the name of the offender and his other particulars, the details of the offence and in which section the offence has been committed, the compounding amount required to be paid towards the composition of the offence. Part II of the Form shall specify the consequences if the offence is not compounded and part III of the Form shall contain the application to be filed by the accused if he desires to compound the offence. Each notice shall have a continuous unique number containing alphabets or numeric and other details such as officer sending notice, year, place, type of inspection for the purpose of easy identification. (2) The accused to whom the notice referred to in sub-rule (1) is served, may send the part III of the Form duly filled by him to the compounding officer electronically and deposit the compounding amount electronically or otherwise, within fifteen days of the receipt of the notice, in the account specified by the compounding officer in the notice. (3) Where the prosecution has already been instituted against the accused in the competent Court, he may make an application to the Court to compound the offence against him and the Court, after considering the application, may allow composition of the offence by the compounding officer in accordance with provisions of section 89. (4) If the accused complies with the requirement of sub-rule (2), the compounding officer shall compound the offence for the amount of money deposited by the accused and- (a) if the offence is compounded before the prosecution, then no complaint for prosecution shall be instituted against the accused; and (b) if the offence is compounded after institution of prosecution under sub-rule (3) with the permission of the Court, then, the compounding officer shall treat the case as closed as if no prosecution had been launched and will proceed in accordance with composition as under clause (a) and intimate the composition of offence to the competent Court in which the prosecution is pending and after receiving such intimation, the Court shall discharge the accused and close the prosecution. (5) The compounding officer shall exercise the powers to compound the offence under this rule, subject to the direction, control and supervision of the Appropriate Government. Chapter XIII MISCELLNEOUS 53. Protected workers under sub-section (3) and (4) of section 90.— (1) Every registered Trade Union connected with an industrial establishment, to which the Code applies, shall communicate to the employer before the 30th April of every year, the names and addresses of such of the officers of the Union who are employed in that establishment and who, in the opinion of the Union should be recognized as protected workers. Any change in the incumbency of any such officer shall be communicated to the employer by the union within fifteen days of such change. (2) The employer shall, subject to sub-section (3) and sub-section (4) of section 90, recognize such workers to be "protected workers" for the purposes of section 90 and communicate to the Union, in writing, within fifteen days of the receipt of the names and addresses under sub-rule (1), the list of workers recognized as protected workers for the period of twelve months from the date of such communication. (3) Where the total number of names received by the employer under sub-rule (1) exceeds the maximum number of protected workers, admissible for the industrial establishment, under sub-section (4) of section (90), the employer shall recognize as protected workers only such maximum number of workers: Provided that where there is more than one registered Trade Union in the industrial establishment, the maximum number shall be so distributed by the employer among the Unions that the numbers of recognized protected workers in individual Unions bear practicably by the same proportion to one another as the membership figures of the Unions. The employer shall in that case intimate in writing to the President or the Secretary of the each concerned Union the number of protected workers allotted to it: Provided further that where the number of protected workers allotted to a Union under this sub-rule falls short of the number of officers of the Union seeking protection, the union shall be entitled to select the officers to be recognized as protected workers. Such selection shall be made by the Union and communicated to the employer within five days of the receipt of the employer’s letter in this regard. (4) When a dispute arises between an employer and any registered Trade Union in any matter connected with the recognition of protected workers’ under this rule, the dispute shall be referred to the concerned Authority appointed or notified by the Appropriate Government, whose decision thereon shall be final. 54. Manner of making complaint by an aggrieved worker under section 91.- (i) Every complaint under section 91 of the Code shall be made electronically and by registered post or speed post in Form-XX and shall be accompanied by as many copies as there are opposite parties mentioned in the complaint. (i) Every complaint under sub-rule (1) shall be verified by the worker making the complaint or by authorized representative of the worker proved to the satisfaction of the conciliation officer, arbitrator, Tribunal, as the case may be, to be acquainted with the facts of the case. 55. Manner of authorization of worker for representing in any proceeding under sub-section (1) of section 94. - Where the worker is not a member of any Trade Union, then, any member of the executive or other office-bearer of any Trade Union connected with or by any other worker employed in the industry in which the worker is employed may be authorized by such worker to represent him in any proceeding under the Code relating to a dispute in which the worker is a party in Form-XII. 56. Manner of authorization of employer for representing in any proceeding under sub-section (2) of Section 94. - Where the employer, is not a member of any association of employers, may authorize in Form-XII an officer of any association of employers connected with, or by any other employer engaged in, the industry in which the employer is engaged to represent him in any proceeding under the Code relating to a dispute in which the employer is a party. 57. Manner of holding an enquiry under sub-section (1) of section 85.- (1) On receipt of a complaint of the offence committed under sub-sections (3), (5), (7), (8), (9), (10), (11) and (20) of section 86 and sub-section (7) of section 89, the same shall be enquired by Authority appointed or notified by the Appropriate Government. Issue of Notice. If the complaint filed is admitted by the Enquiry officer, he shall call upon the person or persons through a notice to be sent electronically or through registered mail to appear before him on a specified date together with all relevant documents and witnesses, if any, and shall inform the complainant of the date so specified. (2) If the person or his representative fails to appear on the specified date, the Enquiry Officer may proceed to hear and determine the complaint ex-parte. (3) If the complainant fails to appear on the specified date without any intimation to the Enquiry officer on two consecutive dates, the complaint may be dismissed. Provided that not more than three adjournments may be given on the joint application made by complainant and the opposite party. Provided further that the enquiry officers shall at his discretion permit hearing the parties or any of the party, as the case may be, through video conferencing. (4) Authorization. The authorization to appear on behalf of any person, under section sub-section (2) of section 85 shall be given by a certificate or electronic certificate, as the case may be, which shall be presented to the Enquiry Officer during the hearing of the complaint and shall form part of the record. (5) Permission to appear-Any person who intends to appear in the proceeding on behalf of complainant shall present before the Enquiry Officer and submit a brief written statement explaining the reason for his appearance. The Enquiry officer shall record an order on the statement and in the case of refusal shall include reasons for the same, and incorporate it in the record. (6) Presentation of documents— Complaint or other documents relevant to the complaint may be presented in person to the Enquiry Officer at any time during hours fixed by the Enquiry Officer, or may be sent to him electronically or by registered post or speed post. (7) The Enquiry Officer shall endorse, or cause to be endorsed, on each document the date of the presentation or receipt, as the case may be. If the documents have been submitted electronically, no such endorsement shall be necessary. (8) Refusal to entertain complaint — (i) The Enquiry Officer may refuse to entertain a complaint presented under sub-section (1) of section 85 if after giving the complainant an opportunity of being heard, the Enquiry Officer is satisfied, for reasons to be recorded in writing that- (a) The complainant is not entitled to present the complaint; or (b) The complainant is barred by limitation under the provisions of this Code (c) The complainant fails to comply the directions given by the Enquiry Officer under sub-section (2) of section 85. (ii) The Enquiry Officer may refuse to entertain complaint which is otherwise incomplete. He may ask complainant to rectify the defects and if the Enquiry Officer thinks that the complaint cannot be rectified he may return the complaint indicating the defects and, if he, so refuses shall return it at once indicating the defects. If the complaint is presented again, after the defects have been rectified, the date of representation shall be deemed to be the date of presentation for the purpose of sub-section (1) of section 85. (9) Record of proceedings- The Enquiry Officer shall in all cases mention the particulars at the time of passing of order containing the details, i.e., date of complaint, name and address of the complainant, name and address of the opposite party or parties, section-wise details of the offence committed, plea of the opposite party, findings and brief statement of the reason and penalty imposed with signature, date and place. (10) Exercise of powers. In exercise of the powers of a Civil Court, conferred under the Code of Civil Procedure, 1908, the Enquiry Officer shall be guided in respect of procedure by relevant orders of the First Schedule of the Code of Civil Procedure, 1908, with such alterations as the Enquiry Officer may find necessary, not affecting their substance, for adapting them to the matter before him, and save where they conflict with the express provisions of this Code or these rules. (11) Order or direction when to be made. -The Enquiry Officer, after the case has been heard, shall make the order or direction on a future date to be fixed for this purpose. (12) Inspection of documents—Any person, who is either a complainant or an opposite party or his representative, or any person permitted under sub-rule (3) shall be entitled to inspect any complaint, or any other document filed with the Enquiry Officer be, in a case to which he is a party. By Order and in the Name of the Lieutenant Governor of the National Capital Territory of Delhi, ASHOK KUMAR, Secy. (Labour) Form - I (See Rule 3) (Memorandum of settlement arrived at during conciliation/ or settlement arrived at between the employer and his workers otherwise than in the course of conciliation proceeding) Names of Parties: Representing employer(s); Representing workers; Short recital of the case Terms of settlement Witness 1 2 3 4 Signature of Conciliation officer In case the settlement arrived at between the employer and his workers otherwise than in the course of conciliation preceding the copy of the memorandum shall be marked to the concerned Deputy Labour Commissioner/Joint Labour Commissioner. Form - II [See rules 9(2)] Form of Auditors' Declaration The undersigned having had access to all the books and accounts of the Union, and having examined the foregoing statement and verified the same with the account vouchers relating thereto, certify that the Union has properly maintained its Member ship registers and its accounts and the member had paid their membership subscriptions to the Union as shown in the foregoing statement of the General Fund Account of the Union subject to the remarks, if any appended hereto. Auditor FORM - III (See Rule - 10) (Form of Affidavit) I, S/O Sh. R/o Age yrs do hereby solemnly affirm and declare as under:- 1. That I am the elected /designated (post) of (Name of Trade Union) with its Head Office situated at (Address of Trade Union). 2. That to the best of my knowledge and belief no Union / Association by the name of “ Union(Name of Union)" is registered in GNCT of Delhi or anywhere in India. 3. That in case of any legitimate claimant of union’s name, we will surrender the certificate and change name of the union as per directions of the Registrar Trade Unions, GNCT of Delhi. 4. That no member or office bearer has ever been convicted by Courts of India for any offence involving moral turpitude and sentenced to imprisonment. 5. That all particulars supplied as per Forms and Schedules as well as other documents are true. 6. That the scope of the Union shall be for the employees of (Name of Establishment) 7. That there are employees are working in -(Name of Establishment) and out of which employees are members of our union. 8. That I shall furnish such other documents and/or information as required by the Registrar for the purpose of this application. 9. That this is my true statement and it conceals nothing and that no part of it is false. 10. That the authority shall be at liberty to take appropriate action against me if any information/ document furnished is found to be false, frivolous or incorrect. 11. That the list of Trade Union Member along with attested Aadhaar Number for verification is appended with the affidavit and no member has been compelled or force to share the Aadhar. DEPONENT Verification:- Verified at(Place) on (Date) that the contents of the above affidavit are true and correct to the best of my knowledge and belief. DEPONENT FORM - IV (See Rule-11) (Statement of Assets and Liabilities) Statement of Liabilities and Assets on the...............day of.......... .20.. [This need not be filled in if the Union came into existence less than one year before the date of application for registration.] +-------------------------------------------------+-----+-------------------------------------------------+-----+ | Liabilities | Rs. | Assets | Rs. | +=================================================+=====+=================================================+=====+ | Amount of general fund | | Cash- | | | Amount of political fund | | In hands of Treasurer | | | Loans from | | In hands of Secretary | | | | | In hands of- | | | | | In the Bank | | | | | Securities as per list below | | | | | Unpaid subscription due for- | | | | | (a) the year | | | | | (b) previous year | | | | | Loans to- | | | | | (a) Officers | | | | | (b) Members | | | | | (c) Other | | | Debts due to | | Immovable property | | | | | Goods and furniture | | | | | Other assets (to be specified) | | +-------------------------------------------------+-----+-------------------------------------------------+-----+ | Total liabilities | | Total assets | | +-------------------------------------------------+-----+-------------------------------------------------+-----+ List of Securities +-------------+-------------+------------+-----------------------------------+-------------+ | Particulars.| Nominal value| Cost price.| Market price at date on | In hands of.| | | | | which accounts have | | | | | | been made up. | | +-------------+-------------+------------+-----------------------------------+-------------+ | | Rs. | Rs. | Rs. | | +-------------+-------------+------------+-----------------------------------+-------------+ | 1 | | | | | | 2 | | | | | | 3 | | | | | | 4 | | | | | +-------------+-------------+------------+-----------------------------------+-------------+ Signed: 1 2 3 4 FORM - V (See rule 12) Application for Registration of Trade Union. Dated the day of 20......... 1. We hereby apply for the registration of a trade union under the name of 2. The address of the head office of the union is 3. The union came into existence on the day of 20 4. The union is a union of employer/ workers engaged in the industry (or profession). 5. Every application for registration of a Trade Union shall be made to the Registrar electronically or by speed post/ registered post and be accompanied by-* (a) a declaration to be made by an affidavit in such Form and manner as may be prescribed; (b) copy of the rules of the Trade Union together with a copy of the resolution by the members of the Trade Union adopting such rules; (c) a copy of the resolution adopted by the members of the Trade Union authorizing the applicants to make an application for registration; and (d) in the case of a Trade Union, being a federation or a central organization of Trade Unions, a copy of the resolution adopted by the members of each of the member Trade Unions, meeting separately, agreeing to constitute a federation or a central organization of Trade Unions. (e) list of all members of Trade Union alongwith. 6. We have been duly authorized to make this application by** +------------+-----------+-----------+ | Signed | Signature | Occupation| +------------+-----------+-----------+ | 1 | | | | 2 | | | | 3 | | | | 4 | | | | 5 | | | | 6 | | | | 7 | | | +------------+-----------+-----------+ * Explanation.—For the purposes of this clause, resolution adopted by the members of the Trade Union means, in the case of a Trade Union, being a federation or a central organization of Trade Unions, the resolution adopted by the members of each of the member Trade Unions, meeting separately. ** State here whether the authority was given by a resolution of a general meeting of the union, or if not, in what other way it was given. FORM - VI (See rule 12) CERTIFICATE OF REGISTRATION OF TRADE UNION. No. It is hereby certificate that the .has been registered under the Industrial Relation Code, 2020 this day of 20 Seal. FORM - VII [See rule 13(1)] REGISTER OF TRADE UNIONS. 1. Serial number. 2. Date of registration. 3. (a) Name of the members making the application. (b) Occupations of members making the application. (c) Addresses of the members making the application. 4. Name of trade Union. 5. Address of the head office of trade Union. 6. Date of establishment of Trade Union. 7. Officers of Trade Union- Title Name Age Occupation Address 8. Signature of the Registrar. 9. (a) Whether provision has been made for a separate fund under section 16 and, if so, from what date. (b) Initial of the Registrar. 10. (a) Date of intimation for alteration of rules. (b) Date of Registration of alteration of rules and its notification to the Secretary of the Trade Union. (c) Initials of the Registrar, 11. (a) Date of registration of change of address of registered office. (b) Address of the Trade Union as changed. (c) If the changed address is in another District/State whether extracts of registration sent to the Registrar of the other province. (d) Initials of the Registrar. 12. (a) Date of registration of change of name. (b) Name of the Trade Union as changed. (c) Initials of The Registrar. 13. (a) Date registration of amalgamation. (b) Name of the amalgamated union. (c) Registration number of the amalgamated Union. (d) Initials of the Registrar. 14. (a) Date of application for cancellation of registration under section 9 (5)(i). (b) Date of giving notice for cancellation or withdrawal under proviso of section 9(5)(iii). (c) Date of issue of order withdrawing or cancelling registration. (d) Initials of the registrar. 15. (a)(1) Names of the members applying for dissolution. (2) Occupation of the members applying for dissolution. (3) Address of the members applying for dissolution. (b) Date of registration of dissolution and issue of certificate to that effect. (c) Number and date of Registrar’s proceedings ordering distribution of fund under section 25(2) if any. (d) Initials of the Registrar. FORM - VIII (See Rule 19) (Application to be submitted before the Tribunal in the matter not settled by the Conciliation Officer ) Before................(here mention the name of the Tribunal having jurisdiction over the area) In the matter of: Applicant Address. Versus Address.........................................................Opposite party (ies) The above mentioned applicant begs to state as follows :- (Here set out the relevant facts and circumstances of the case). The applicant prays that the instant dispute may please be admitted for adjudication and request to pass appropriate Award. Date Place FORM IX. (See rule 22). PART A. Annual returns prescribed under section 26 of the Industrial Relation Code, 2020 for the year ending 31st July, 20.... 1. Name of the union 2. Address of the union 3. Registered Head office 4. Number and date of certificate of registration 5. Classification of industry (to be shown to which of the following four categories the Union belongs:- (a) Public Sector - Central Sphere; (b) Public Sector - State Sphere; (c) Private Sector - Central Sphere; and (d) Private Sector - State Sphere). 6. Name of the All India Body/ Federation to which affiliated. 7. Affiliation Number. 8. Affiliation fee paid during the year. 9. Number and date of receipt for payment of affiliation fee. 10. Membership fee per month 11. No. of members on books at the beginning of the year. 12. No of members admitted during the year. 13. No. of members who left during the year. 14. No. of members on book at the end of the year (i.e., 03 31st march 19 )- Male - Female - Total - 15. No. of member contributing to political Fund. 16. No. of members who paid their subscription for the whole year. A copy of the rules of the Trade Union corrected up to the date of dispatch of this return is appended. 17. Part B of return has been duly completed. Secretary. PART B. Statement of Liabilities and Assets on the 31st day of July 20..... +------------------------------+-----+----------------------------------+-----+ | Liabilities | Rs. | Assets- | Rs. | +==============================+=====+==================================+=====+ | Amount of General Fund | | Cash- | | | Amount of Political Fund | | In hands of Treasurer | | | Loans from | | In hands of Secretary | | | | | In hands of- | | | | | In the Bank | | | | | Securities as per list Below-Unpaid| | | | | subscription due for- | | | | | (a) the year | | | | | (b) previous year Loans to- | | | | | (a) Officers | | | | | (b) Members | | | (c) Other | | | | | Debts due to | | Immovable property | | | Other liabilities (to be specified)| | Good and furniture | | | | | Other assets (to be specified) | | +------------------------------+-----+----------------------------------+-----+ | Total liabilities | | Total assets | | +------------------------------+-----+----------------------------------+-----+ List of Securities. +-------------+-------------+------------+-----------------------------------+-------------+ | Particulars.| Face value. | Cost price.| Market price at date on | In hands of.| | | | | which accounts have | | | | | | been made up. | | +-------------+-------------+------------+-----------------------------------+-------------+ | 1 | Rs. | Rs. | Rs. | | | 2 | | | | | | 3 | | | | | | 4 | | | | | +-------------+-------------+------------+-----------------------------------+-------------+ Treasurer. Officers appointed +------+-------------+---------------+---------------------+---------------------------------+-----------------------------------+-----------------------------------+ | Name | Date of | Private | Personal | Title of | Date on which | Other offices held | | | birth | address | occupation | position | appointment in | in addition to | | | | | | held in | column 5 was | membership of | | | | | | Union | taken up | executive date. | +------+-------------+---------------+---------------------+---------------------------------+-----------------------------------+-----------------------------------+ | 1 | | | | | | | | 2 | | | | | | | | 3 | | | | | | | | 4 | | | | | | | +------+-------------+---------------+---------------------+---------------------------------+-----------------------------------+-----------------------------------+ Elections. Date of last election of office-bearers Date of next election of office bearers Secretary FORM-X [See Rule 32] (Notice of change of service conditions proposed by an employer) Name of employer... Address.. Dated the ........................day of ........................20............ In accordance with section 40(1) of Industrial Relation code I/We hereby give notice to all concerned that it is my/our intention to effect the change/changes specified in the annexure, with effect from ............ in the conditions of service applicable to workers in respect of the matters specified in the Third Schedule to this code Signature. Designation ANNEXURE (Here specify the change/changes intended to be effected) Copy forwarded to: 1. The Secretary of registered Trade Union, if any. 2. Concerned Joint Labour Commissioner/Deputy Labour Commissioner. FORM-XI (Agreement for voluntary arbitration) [See Rule 33 (1)] BETWEEN .................................................................Name of the parties representing employer (s) And .................................................................Representing worker It is hereby agreed between the parties to refer the following dispute to the arbitration of ........................ [here specify the name(s) and address(es) of the arbitrator (s). (i) Specific matters in dispute. (ii) Details of the parties to the dispute including the name and address of the establishment or undertaking involved. (iii) Name of the worker in case he himself is involved in the dispute or the name of the union, if any, representing the worker or workers in question. (iv) Total number of workers employed in the undertaking affected. (v) Estimated number of workers affected or likely to be affected by the dispute. We further agree that the majority decision of the arbitrators) shall be binding on us in case the arbitrator(s) are equally divided in their opinion they shall appoint another person as umpire whose award shall be binding on us. The arbitrator (s) shall make his (their) award within a period of (here specify the period agreed upon by the parties) from the date of publication of this agreement in the Official Gazette by the Government of National Capital Territory of Delhi or within such further time as is extended by mutual agreement between us in writing. In case, the award is not made within the period afore mentioned, the reference to the arbitration shall stand automatically cancelled and we shall be free to negotiate for fresh arbitrator. Signature of the parties Representing employer] Representing worker/ workers. Witnesses 1. 2. Copy to: (i) The Conciliation Officer [here enter office address of the Conciliation Officer for the area concerned]. (ii) The Principal Secretary/Secretary, Labour Department. FORM-XII (See Rule 35, 55, 56) (Authorization by a worker, group of workers, employer, group of employer to be represented in a proceeding before the authority under this Code). Before the Authority (Here mention the authority concerned) In the matter of:(mention the name of the proceeding) Versus .....................................................................workers .....................................................................Employer I/we hereby authorize Shri / Sarvashri (if representatives are more than one) 1.........2.........3 to represent me/us in the above matter. Dated this..................day of..................20........... Signature of person(s) nominating the representative(s) Address Accepted FORM-XIII [See Rule 36, 37] Form of Oath of Office for Judicial Member or Administrative Member (whichever is applicable) of Industrial Tribunal I........ having been appointed as Judicial Member/Administrative Member (whichever is applicable) of Industrial Tribunal (Name of the Tribunal) do solemnly affirm/ do swear in the name of God that I will faithfully and conscientiously discharge my duties as the Judicial Member/Administrative Member of Industrial Tribunal (Name of the Tribunal) to the best of my ability, knowledge and judgment, without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws of the land. Signature Place: Date: FORM-XIV (See Rule 38) (Application to be submitted before the Tribunal in the matter not settled by the Conciliation Officer) Before................(here mention the name of the Tribunal having jurisdiction over the area) In the matter of: Applicant Address. Versus Opposite party Address. The above mentioned applicant begs to state as follows :- (Here set out the relevant facts and circumstances of the case). The applicant prays that the instant dispute may please be admitted for adjudication and request to pass appropriate Award. Date Place Form-XV [See Rule 39] (Notice of Strike to be given by Union (Name of Union)/ Group of Workers) Name of five elected representatives of workers.................................................... Dated the................day of................20............ To (The name of the employer). Dear Sir/Sirs, In accordance with the provisions contained in sub-section (1) of section 62 of the Industrial Relation code I/We hereby give you notice that I propose to call a strike / we propose to go on strike on ...........20....., for the reasons explained in the annexure. Yours faithfully, (Secretary of the Union) Five representatives of the workersduly elected at a meetingheld on ..............................................(date), vide resolution attached.] ANNEXURE Statement of the Case. Copy to; 1) Joint Labour Commissioner/Deputy Labour Commissioner of the concerned area . 2) Labour Commissioner, GNCT of Delhi 3) FORM-XVI [See Rule 40] (Notice of Lock-out to be given by an employer of an industrial establishment) Name of employer Address............................................................................................................................. Dated the................day of................20............ In accordance with the provisions of 62(6) of this code, I/we hereby give notice to all concerned that it is my/our intention to effect lock out in..................................................department(s), section(s) of my/our establishment with effect from..................................................for the reasons explained in the annexure. Signature. Designation.. ANNEXURE +---+---------------------+ | 1.| Statement of reasons| +---+---------------------+ Copy forwarded to: (1) The Secretary of the Registered Union, if any (2) Conciliation officer of the concerned area. (3) Labour Commissioner,GNCT of Delhi (4) To the office of DG Labour Bureau. Form- XVII (See Rule 41, 43) (Notice of Intimation of Retrenchment/ Closure to be given by an employer to the Appropriate Government under the provisions of Chapter IX of the Industrial Relations Code, 2020 and rules made there under) (To be submitted online. In case of exigencies, on paper in the prescribed Format below) Name of Industrial Establishment /Undertaking/ Employer.. Labour Identification Number/ Registration Number... .Dated. (Note: The intimation for Closure/Retrenchment to the appropriate government shall be served 60 days and 30 days before commencement of Closure/Retrenchment respectively) To, The Additional Chief Secretary/ Principal Secretary/Secretary, Labour Department, Government of GNCT of Delhi Delhi 1. *(Retrenchment) (a) Under Section 70(c) of this Code, I/ we* hereby intimate you that I*/we* have decided to retrench------number of workers** out of a total of .......number of workers** with effect from (DD/MM/YYYY) or *(Closure) (b) Under Section 74(1) of this Code, I / we* hereby intimate you that I*/we* have decided to close down, (name of the industrial establishment or undertaking) with effect from. .(DD/MM/YYYY). The number of workers whose services would be terminated on account of the closure of the undertaking is (number of workers) 2. The reason for Retrenchment / Closure is 3. * The worker(s)* concerned were given on the (DD/MM/YYYY) one month's notice in writing as required under section 70(a)*/ section 75(1)* of this Code. or * The worker(s) concerned have been given on the (DD/MM/YYYY) one month's pay in lieu of the notice as required under section 70(a)*/ section 75(1)* of this Code. 4. * I*/We* hereby declare that the worker(s) concerned have been*/will be* paid all their dues along with the compensation due to them under section 70* / section 75* of this Code before or on the expiry of the notice period. or *I/We* hereby state that currently Insolvency proceedings are on in respect of the said Industrial Establishment/Undertaking/Employer, and that I*/we* will pay all the dues along with the compensation due to them under concerned laws. 5. (Retrenchment) I/we* hereby declare that the worker(s) concerned have been* / will be* retrenched in compliance to the Section 71 and section 72 of this Code. 6. I*/ we* hereby declare that no court case is pending before any Court in the matter, and if yes, the details thereof have been Annexed. 7. I*/ we* hereby declare that the above information given by me*/us* in this notice and the Annexures is true, I*/ we* am*/ are* solely responsible for its accuracy and no facts/ materials has been suppressed in the matter. Yours faithfully, (Name of Employer/ ***Authorized Representative with Seal) (* Strike off which is not applicable.) (** Indicate number in figures and words both) (***Copy of Authorization letter issued by the employer shall be enclosed) Copy to : (1) To the Office of DG Labour Bureau, Ministry of Labour and Employment, (Only for statistical purpose.) (2) Joint/Deputy Labour Commissioner of the concerned area. (3) To the Registered Unions/ Authorized Representatives of Workers operating in the establishments or undertakings. FORM – XVIII [See Rule 44, 46,48] [Application for permission of Lay-off/ Continuation of Lay-off/ Retrenchment/ Closure to be given by an employer / Industrial establishment /Undertaking to the Appropriate Government under the provisions of Chapter X of the Industrial Relations Code, 2020 and rules made there under] (To be submitted online. In case of exigencies on paper in the prescribed Format below) Name of Industrial Establishment or Undertaking or Employer... Labour Identification Number. Dated. (Note: The application to the Appropriate Government shall be served as indicated below: (Lay-off: at least 15 days before the intended Lay-off Continuation of Lay-off – at least 15 days before the expiry of earlier Lay-off) (Retrenchment – at least 60 days before the intended date of Retrenchment) (Closure – at least 90 days before the intended date of Closure) To, The Additional chief Secretary/Principal Secretary/Secretary, Labour Department, Government of NCT of Delhi. 1.*(Lay-off) (a). Under section 78(2) of the Industrial Relations Code, 2020, I*/we* hereby apply for —permission to lay-off .........number of workers** out of total of .........number of workers** employed in my*/our* establishment (details to be given in Annex-I) with effect from (DD/MM/YYYY). or *(Continuation of lay-off) (b) Under section 78(3) of the Industrial Relations Code, 2020, I*/we* hereby apply for permission to continue the Lay-off .........number of workers** out of total of .........laid off----- number of workers** in my*/our* establishment (details to be given in Annex-I) with effect from.....(DD/MM/YYYY). or *(Retrenchment) (c) Under section 79(2) of the Industrial Relations Code, 2020, I*/we* hereby apply for permission for intended retrenchment of.........number of workers out of total of .........number of workers** employed in my*/our* establishment (details to be given in Annex-I) with effect from .....................(DD/MM/YYYY). or *(Closure) (d) Under section 80(1) of the Industrial Relations Code, 2020, I / we* hereby inform you that I*/we* intended to close down the undertaking. .....................(name of the industrial establishment or undertaking or employer) (details to be given in Annex-1) with effect from.............(DD/MM/YYYY). The number of workers whose services would be terminated on account of the closure of the undertaking is ---------(number of workers) 2. * (Lay-off/Continuation of Lay-off) The worker(s) concerned were given on (DD/MM/YYYY) notice in writing as required under section 78(2)*/ section 78(3)* of this Code. or *(Retrenchment/ Closure) The worker(s) concerned were given on........................................................... (DD/MM/YYYY) one month's notice in writing as required under section 79*/ section 80* of this Code. or *(Retrenchment/ Closure) The worker(s) have been given on........................................................... (DD/MM/YYYY) one month's pay in lieu of notice as required under section 79*/ section 80* of this Code. 3. The details of affected worker(s) is at Annexure II. 4. (Retrenchment) I*/we* hereby declare that the workers concerned will be retrenched in compliance to the Section 71 and section 72 of this Code. 5. *I/We* hereby declare that the worker(s) concerned have been*/will be* paid all the dues and compensation due to them under section 67, read with section 78(10)*/ section 79* / section 80* of this Code before or on the expiry of the notice period. or *I/We hereby state that currently Insolvency proceedings are on in respect of the said Industrial Establishment/Undertaking/Employer, and that I*/we* will pay all the dues along with the compensation due to them under concerned laws. 6. I/ we* hereby declare that no court case is pending before any Court in the matter, and if yes, the details thereof have been Annexed. 7. I/ we hereby declare that the above information given by me/ us* in this notice and enclosures is/ are* true, I/ we am/are solely responsible for its accuracy and no facts/ materials has been suppressed in the matter. The permission sought for may please be granted. Yours faithfully, (Name of Employer/***Authorised Representative with Seal) (* Strike off which is not applicable.) (** Indicate number in figures and word both) (***Copy of Authorization letter issued by the employer shall be enclosed) Copy to:- Joint Labour Commissioner/Deputy Labour Commissioner of the Concerned Area. ANNEXURE I (Please give replies against each item) +---+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+ | 1 | Name of the undertaking with complete postal address, email, mobile and land line. | +---+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+ | 2 | Status of undertaking- | | | (i) Whether Central public sector/State public sector/ etc, | | | (ii) Whether a private limited company/ partnership firm/partnership firm | | | (ii) Whether the undertaking is Licensed/registered and if so, name of licensing/ registration authority and licence/registration certificate numbers. | +---+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+ | 3 | (a) MCA Number | | | (b) GSTN Number | +---+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+ | 4 | (i) Annual production, item wise for preceding three years | +---+------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------+ (ii) Production figures, month-wise, for the preceding twelve months. 5 Audit report of establishment/ undertaking including Balance sheets, profit and loss accounts for the last three years. To be annexed 6 Names of the inter-connected companies or companies under the same management. 7 Details of lay-off/ Retrenchment resorted to in the last three years including the periods of such lay-offs/ Retrenchment the number of workmen involved in each such lay-off/ Retrenchment / continuation of lay off 8 Any other relevant details which have bearing on lay-off/ continuation of lay off/ retrenchment/closure . ANNEXURE II (Details of affected workers) +-----+---------+------------+-----------------------------------+-----------------------------------+--------------+--------+ | Sl. | UAN/ | Name of | Category | Date from which in | Wage as on | Remark | | No | CMPFO | t he | (Highly Skilled/ | service in/ with the | date of | | | | | Worker | Skilled/ | said | Application | | | | | | Semi-skilled / | establishment/ | | | | | | | Unskilled) | Undertaking/ | | | | | | | | Employer | | | +-----+---------+------------+-----------------------------------+-----------------------------------+--------------+--------+ | 1 | | | | | | | | 2 | | | | | | | | 3 | | | | | | | +-----+---------+------------+-----------------------------------+-----------------------------------+--------------+--------+ FORM –XIX (See Rule 52) Notice to the Employer who committed an offence for the first time under this code, for compounding of offence under sub-section (4) of section 89, The undersigned and the Compounding Officer under sub-section 1 of section 89 of the Industrial Relation Code, 2020 hereby intimates that the allegation has been made against you for committing offence for the violation of various provision of this Code as per the details given below;- PART - I 1. Name and Address of the offender Employer- 2. Address of the Establishment 4. Particulars of the offence 5. Section of the Code under which the offence is committed 6. Compounding amount required to be paid towards composition of the offence... PART - II You are advised to deposit the above mentioned amount within fifteen days from the date of issue of this notice for compounding the offence as per section 89 (1) of the Industrial Relation Code, 2020, alongwith an application dully filled in part – III of this notice. In case you fail to deposit the said amount within the specified time, no further opportunity shall be given and necessary direction for filing of prosecution under section shall be issued. (Signature of the Compounding Officer) Date: Place: PART – III Application under sub-section (4) of section 89 for compounding of offence 1. Name of applicant (name of the employer who committed the offence under the Industrial Relation Code 2020 to be mentioned.... 2. Address of the applicant 3. Particulars of the offence 4. Section of the Code under which the offence has been committed 5. Details of the compounding amount deposited (electronically generated receipt to be attached). 6. Details of the prosecution, if filed for the violation of above mentioned offences may be given 7. Whether the offence is first offence or the applicant had committed any other offence prior to this offence, if committed, then, full details of the offence 8. Any other information which the applicant desires to provide Dated: Place: Applicant (Name and signature) FORM –XX (See Rule 54) (Complaint under Section 91 of the Industrial Relation Code, 2020) Before the Conciliation officer/ Arbitrator/ Tribunal or, National Tribunal In the matter of : ................................................................Reference No............................................................ A....................................................Complainant(s); Versus B....................................................Opposite Party(ies). Address: The petitioner(s) begs/beg to complain that the Opposite Party(ies) has/have been guilty of a contravention of the provisions of section 90 of the Industrial Relation code, as shown below: (Here set out briefly the particulars showing the manner in which the alleged contravention has taken place and the grounds on which the order or act of the management is challenged.) The complainant(s) accordingly prays/pray that the Conciliation officer/ Arbitrator/ Industrial Tribunal or National Tribunal may be pleased to decide the complaint set out above and pass such order or orders thereon as it may deem fit and proper. The number of copies of the complaint and its annexure required under rule 91 of the Industrial Relation Code are submitted herewith. Dated this............day of................20. Signature of the Complainant(s) Verification I do solemnly declare that what is stated in paragraph above is true to my knowledge and that what is stated in paragraphs above is stated upon information received and believed by me to be true. This verification is signed by me at....................on day of................20... Signature or Thumb impression of the person verifying. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. GORAKHA NATH YADAVA Digitally signed by GORAKHA NΑΤΗ YADAVA Date: 2025.12.11 12:12:38 +05'30'