Lakshmikumaran & Sridharan Attorneys
Dadra & Nagar Haveli and Daman & Diu
Draft · 24 November 2023
Not in force yet

What are Dadra & Nagar Haveli and Daman & Diu's rules under the Industrial Relations Code, 2020?

Jurisdiction: Dadra & Nagar Haveli and Daman & Diu state rules under the Industrial Relations Code, 2020.

The Union Territory of Dadra & Nagar Haveli and Daman & Diu published the draft Dadra & Nagar Haveli and Daman & Diu Industrial Relations Rules, 2023 on 24 November 2023 under section 99 of the Industrial Relations Code, 2020, inviting objections within thirty days. The draft governs works committees, trade unions, standing orders, notice of change, arbitration, tribunals, strikes, retrenchment and closure. This page synthesizes the gazette; the verbatim text is on the linked /states page and the source PDF is available below.

Enabling: Industrial Relations Code, 2020
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Key facts

Parent code
Industrial Relations Code, 2020
Jurisdiction
Dadra & Nagar Haveli and Daman & Diu (state rules)
Published
24 November 2023
Gazette reference
Notification No. LE/LI/DMN/IR-R/386/2023/569, dated 24 November 2023, UT Administration of Dadra & Nagar Haveli and Daman & Diu, Department of Labour & Employment, Daman, published in draft under section 99 of the Industrial Relations Code, 2020 for a thirty-day objection period
Dadra & Nagar Haveli and Daman & Diu Industrial Relations Rules

Key obligations

Scope, commencement and draft status

Source: Rules 1 to 2, rule 62 and the notification header

The rules are titled the Dadra & Nagar Haveli and Daman & Diu Industrial Relations Rules, 2023, extend to the whole Union Territory, and were published in draft for public objection.

  • These rules may be called the Dadra & Nagar Haveli and Daman & Diu Industrial Relations Rules, 2023 and extend to the whole Union Territory (rule 1(1) to (2)).
  • They come into force from the date on which the Industrial Relations Code, 2020 comes into force (rule 1(3)); as published they are draft rules issued under section 99(1) of the Code, with the notification inviting objections within thirty days of publication (notification header).
  • The draft repeals the Dadra and Nagar Haveli and Daman and Diu Model Standing (Amendment) Orders, 2020, the Daman and Diu Trade Union Regulation, 2010 and the Dadra and Nagar Haveli Trade Union Regulations, 1986, saving anything already done under them (rule 62).

Works Committee and Grievance Redressal Committee

Source: Rules 4 to 7 (Chapter II)

Chapter II constitutes the bi-partite forums and the route from an individual grievance to conciliation.

  • Every employer directed under section 3 must constitute a Works Committee of up to twenty members, with worker representatives not fewer than employer representatives, drawn through registered trade unions in proportion to membership or, where none exists, chosen by the workers, and with a two-year term and defined office-bearers (rule 4).
  • The Grievance Redressal Committee has an equal number of employer and worker members not exceeding ten, with adequate representation of women workers not less than their proportion in the establishment (rule 5).
  • An aggrieved worker may file a grievance before the Grievance Redressal Committee within one year of the cause of action arising, and may be sent electronically (rule 6); a worker aggrieved by that Committee's decision, or whose grievance is unresolved within thirty days, may apply to the Conciliation Officer within sixty days (rule 7).

Trade unions, negotiating union and funds

Source: Rules 8 to 25 (Chapter III)

Chapter III governs union subscriptions, registration, funds and audit, recognition of a sole negotiating union or council, amalgamation and returns.

  • Admission subscription is Rs. 100 and monthly subscription is between Rs. 30 and Rs. 50 per member unless the Government prescribes otherwise (rules 8 and 21); union funds are deposited in a scheduled bank and annually audited, with the auditor signing the declaration in Form II (rule 9).
  • An application for registration is accompanied by an affidavit in Form III and a fee of Rs. 100 (rule 10); the Register of Trade Unions is kept in Form IV, the certificate of registration is issued in Form V, and an appeal against the Registrar's order lies within sixty days (rules 12, 13 and 15).
  • Where a single registered union exists it is recognized as sole negotiating union, and where more than one exists a union with fifty-one per cent or more of the muster roll is recognized as sole negotiating union, failing which a negotiating council is constituted of unions each supported by not less than twenty per cent of workers, one representative per twenty per cent (rule 18).
  • The general funds of a union may be spent only on the objects listed, and a separate political fund may be constituted from separately levied contributions with no member compelled to contribute (rules 19 to 20); amalgamation requires at least half of each union's members to vote and sixty per cent of votes cast in favour (rule 23), and the annual return is submitted to the Registrar by 15 February in Form II (rule 25).

Standing orders

Source: Rules 26 to 35 (Chapter IV)

Chapter IV governs adoption and certification of standing orders, appeals, language, the register and the coverage threshold.

  • An employer adopting the Central Government model standing order intimates the certifying officer electronically of the date of adoption; if the certifying officer makes no observation within thirty days the standing order is deemed adopted (rule 26), and where there is no union the certifying officer calls a meeting of workers to choose three representatives to receive the draft for objections within fifteen days (rule 27).
  • Certified standing orders or appellate orders are authenticated by the certifying officer or appellate authority and sent electronically within a week, with no certification required for deemed or model-order adoption (rule 28).
  • An appeal against the certifying officer's order is filed within sixty days in tabular form and disposed of within sixty days after a hearing (rule 31); the finally certified text is maintained in Hindi or English and the official language of the UT (rule 32), the certifying officer keeps a register of standing orders (rule 33), and modification is applied for electronically in tabular form (rule 34).
  • The provisions of the standing-orders chapter do not apply to establishments employing fewer than five hundred workers, or that employed fewer than five hundred on any day of the preceding twelve months (rule 35).

Notice of change, arbitration, tribunals and strikes

Source: Rules 36 to 44 (Chapters V to VIII)

These chapters cover notice of change to conditions of service, voluntary arbitration, the industrial tribunal machinery and the notices for strikes and lock-outs.

  • An employer intending to change a condition of service listed in the Third Schedule gives notice in Form VI to the affected worker and displays it conspicuously, serving a copy on any registered union (rule 36).
  • Voluntary reference to arbitration is by an agreement in Form VII signed by the parties with the arbitrator's written consent, and where there is no union the workers' representative is chosen by resolution in Form VIII (rules 37 to 39).
  • The Judicial Member of the Tribunal must be, or have been, a High Court Judge or a district or additional judge for at least three years, and the Administrative Member must have held a post not below Joint Secretary rank, each taking an oath in Form IX (rules 40 to 41); conciliation and adjudication follow a defined procedure with statement-of-claim and written-statement timelines, limited adjournments, ex-parte powers and communication of the award within one month, with the application to the Tribunal in Form X (rule 42).
  • A strike notice is given to the employer in Form XI signed by the union president or general secretary and five elected representatives, copied to the Conciliation Officer, Labour Commissioner and Government, and a lock-out notice is given by the employer in Form XII, each intimated within five days of receipt (rules 43 to 44).

Lay-off, retrenchment, closure, re-skilling and offences

Source: Rules 45 to 62 (Chapters IX to XIII)

The closing chapters govern retrenchment and closure notices, prior permission in larger establishments, the worker re-skilling fund and compounding of offences.

  • An employer retrenching a worker in continuous service for at least one year gives notice of retrenchment in Form XIII to the Government, Labour Commissioner and Conciliation Officer (rule 45), must offer preference in re-employment to workers retrenched within the preceding year (rule 46), and gives notice of intended closure in Form XIII (rule 47).
  • In establishments to which Chapter X of the Code applies, prior permission for lay-off, retrenchment or closure is sought from the Government in Form XIV with a copy served on workers, and closure applications are made at least ninety days in advance, with the Government able to review its order within thirty days (rules 48 to 54).
  • An employer who retrenches a worker transfers electronically, within ten days, an amount equal to fifteen days of the worker's last drawn wages to the notified account, and the Administration transfers the fund to each worker's account within forty-five days of receipt (rule 55).
  • An offence is compounded by notice in Form XV in three parts, with the accused depositing the compounding amount within fifteen days, and where prosecution is already instituted the accused may apply to the court to compound (rule 57); an aggrieved worker's complaint under section 91 is made in Form XVI (rule 58), and the draft repeals the earlier standing-order and trade-union instruments (rule 62).

Frequently asked questions

Official gazette PDF

Notification No. LE/LI/DMN/IR-R/386/2023/569, dated 24 November 2023, UT Administration of Dadra & Nagar Haveli and Daman & Diu, Department of Labour & Employment, Daman, published in draft under section 99 of the Industrial Relations Code, 2020 for a thirty-day objection period

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