Kerala Industrial Relations Rules (Draft): full text and citation

Main Elements

Two elephants face inward toward the center.
Between them is a decorative shield-like crest.
Above the crest is a conch shell motif.
Inside the central crest is a circular emblem containing a stylized figure or symbol.
Beneath the crest is a ribbon/banner with the text:

GOVERNMENT OF KERALA

Below the central emblem, inside a small curved section, the number:

1956

The image contains the following visible text:

GOVERNMENT OF KERALA
1956

There is also text in Malayalam script above the central crest.

Layout Summary

| Element | Description | |---|---| | Left side | Elephant facing inward | | Right side | Elephant facing inward | | Top center | Conch shell symbol | | Upper center text | Malayalam text | | Center | Ornamental crest with circular inner emblem | | Bottom center | Small curved section with 1956 | | Bottom ribbon | GOVERNMENT OF KERALA |

Labour and Skills (E) Department

Dated, Thiruvananthapuram, 30th December, 2021 15th Dhanu, 1197. The following draft rules, which the Government of Kerala proposes to make in exercise of the powers conferred under section 99 of the Industrial Relations Code, 2020 (Central Act 35 of 2020) read with section 24 of the General Clauses Act, 1897 (Central Act 10 of 1897) and in supersession of the,-

1. The Kerala Industrial Dispute Rules, 1957;
1. The Kerala Industrial Employment (Standing Orders) Rules, 1958;

Table

| Element | Description | |---|---| | Main object | QR code | | Color | Black on white | | Background | White | | Visible text | None | | Additional objects | None |

1. The Kerala Trade Unions Regulations, 1958; and
1. The Kerala Recognition of Trade Union Rules, 2011 except as respects things done or omitted to be done before such supersession, are hereby notified, as required by sub-section (1) of said section 99, for information of all persons likely to be affected thereby and notice is hereby given that the said draft rules will be taken up for consideration on or after forty five days from the date of publication of this notification in the Official Gazette and that objections or suggestions, if any, that may be received from any person with respect of the draft rules on or before the date specified above, will be considered by the Government. All objections and suggestions, if any, on the draft rules shall be addressed to the Secretary to Government, Labour and Skills (E) Department, Government Secretariat, Thiruvananthapuram - 695 001.

DRAFT RULES

CHAPTER - I

1. Short title and commencement.- (1) These rules may be called the Kerala Industrial Relations Rules, 2021.
(2) They extend to whole of State of Kerala.
(3) They shall come into force on the date of their publication in the official Gazette.
1. Definition.- (1) In these rules, unless the context otherwise requires,-
(a) “Chief Verification Officer/Verification Officer” means an officer appointed by Government for the purpose of verification of percentage of workers supporting the Trade Unions in recognition of Trade Unions.
(b) “Code” means the Industrial Relations Code, 2020 (Central Act 35 of 2020);
(f) “Returning Officer” means an officer appointed by the Chief Verification Officer or Additional Verification Officer or Joint Verification Officer or Deputy Verification Officer for the conduct of the election and includes Additional Returning Officer;
(g) “section” means the section of the Code. (2) 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.

Chapter II

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

Table

| Element | Description | |---|---| | Main object | QR code | | Shape | Square | | Colors | Black and white | | Background | Light/white | | Visible text | None |

(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 therein 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:
(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.
(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 electronically or otherwise within whose jurisdiction the establishment is situated, 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 workers representative on the Committee in following three groups, namely,-
(a) registered Trade Unions may choose their representatives as members for works committee in the proportion of their membership;
(b) where there is no registered Trade Union, workers may choose amongst themselves representatives for works committee;
(c) workers who are not member of registered Trade Union may choose amongst themselves representatives in proportionate to their number with total worker.

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

Table

| Element | Description | |---|---| | Main object | QR code | | Color | Black on white | | Shape | Square | | Background | White | | Visible text | None | 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 also 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.

(5) Where an employer has reason to believe that the information furnished to him under sub-section(4) by the registered Trade Union is false, he may, after informing such Trade Union, refer the matter to the District Labour Officer electronically or otherwise within whose jurisdiction the establishment is situated, who shall, after hearing the parties, shall decide the matter and his decision shall be final.
(6) 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:-
(i) registered Trade Union may choose their representatives as members for Grievance Redressal Committee in the proportion of their membership.
1. 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.
1. 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 portal or by registered post or otherwise, 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.
None

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

Form of application for registration.- Every application for registration of a Trade Union under section 8 shall be made in Form I, along with a declaration in an affidavit in Form II.
Evidence to prove authority to make application.- Upon an application for the registration of a Trade Union the Registrar may require from the applicants such evidence as may seem to him necessary to show that the applicants have been duly authorized to make the application on behalf of the Trade Union.
Fee for registration.- The fee payable for the registration of a Trade Union shall be rupees ten thousand.
Form of Certificate of Registration.- The Certificate of Registration issued by the Registrar under sub-section (2) of section 9 shall be in Form III.
Form of application for withdrawal or cancellation.- Every application by a Trade Union for withdrawal or cancellation of its Certificate of Registration referred to clause(i) of sub-section (5) of section 9 shall be sent to the Registrar in Form V.
Appeals.- Any appeal made under sub-section(1) of section 10 shall be filed within sixty days from the date of receipt of order of the Registrar against which the appeal is made.

Provided that the Tribunal, if it is satisfied that the Appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, extend the said period by a further period of sixty days.

No readable visible text is present in the image.

(e) if the membership of the Union did not at any time during the calendar year exceed 2500 by any person who had retired from a post not below the rank of an auditor, in any audit or accounts department of central or any state department, or
(f) if the membership of the union did not at any time during the financial year exceed 250, by any two members of the union. (2) Where the Trade Union is a federation of unions and the number of unions affiliated to it at any time during the calendar year did not exceed 20, or 5 respectively the audit of the accounts of the federation may be conducted as if it were a union whose membership did not exceed 2,500, or 250, respectively. (3) Any Trade Union appointing the auditor or auditors in accordance with clauses (d), (e), and (f) of sub-rule (1) shall, before fourteen days of the commencement of the annual audit of accounts, give notice to the Registrar of Trade Unions of such appointment setting forth the name, address, qualifications and competency of the auditor or auditors so appointed.
(2) The particulars given in this statement shall indicate:-

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

None
(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;
(d) The registration of electors or the selection of a candidate for any legislative body constituted under the Constitution or for any local authority; or
(e) The holding of political meeting of any kind, or the distribution of political literature or political documents of any kind.

There is no readable visible text outside of the QR code itself.

CHAPTER IV

RECOGNITION OF NEGOTIATING UNION OR NEGOTIATING COUNCIL

(h) To exercise such other powers as may be necessary for carrying out the purposes of this chapter;

There is no readable visible text outside of the QR code itself. 33. Criteria for recognising a single registered Trade Union of workers as sole negotiating union of workers under sub-section (2) of section 14.- Where there is only one registered Trade Union operating in an industrial establishment having its members not less than one third of the total workers employed in the industrial establishment then the employer of such industrial establishment shall recognise such Trade Union as sole negotiating union of the workers and shall issue certificate of recognition of Trade Union in Form XX and intimate the same to the Verification Officer concerned who shall enter the details in Form XVII: Provided that any dispute arises, the employer or the Trade Union of the industrial establishment may submit application for verification under rule 34 and Verification Officer shall verify the percentage of support of workers as the procedure where more than one Trade Union operating in the industrial establishment. 34. Procedure to be initiated for recognition of Trade Union where more than one Trade Union operating.- (1) The employer of an industrial establishment where more than one Trade Union operating shall apply for the verification of support of workers for the recognition of Trade Unions in the Industrial Establishment in Form XIV to the Verification Officer of the area in whose jurisdiction the industrial establishment is situated.

(2) On receipt of the notice under sub-rule (1) the Trade Union or the employer, as the case may be, shall appear before the Verification Officer in person or any person with written authorisation for appearance along with the required details on the time and date mentioned in the notice.
(3) The Verification Officer may if necessary, require the applicant Trade Union or the employer to submit any other document, information or details in their possession as he deems necessary for him to take a decision in the matter.
(4) The Verification Officer may hear the applicant if necessary or adopt any other procedure he deems fit for determining whether the applicant Trade Union fulfils the conditions laid down in rule

There is no readable visible text outside of the QR code itself.

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

34 and for ascertaining whether there is any other Trade Union interested in submitting application for recognition.

(5) The Verification Officer shall immediately after such enquiry send notice to all other registered Trade Union in the industrial establishment, requiring it or them to inform within seven days from the date of service of such notice as to whether such Trade Union is interested in submitting application for recognition under this chapter.
1. Register of Recognised Trade Unions.- The Verification Officer shall maintain a register of recognised Trade Unions in Form XVII.
(2) Returning Officer may appoint as many staffs for assisting him for the process of election.

Table

| Element | Description | |---|---| | Main object | QR code | | Color | Black on white | | Shape | Square | | Background | White | | Visible text | None | 40. Powers and functioning of Returning Officer.- (1) Subject to other provisions of these rules Returning Officer shall be responsible to conduct election for recognition of Trade Union and shall have powers,-

(a) to fix the date of notification of election;
(b) to fix and notify the date, place and time of election;
(c) to prescribe the Form of notices, letter of intimation, declaration paper, ballot paper, the Form of any other record to be prepared or maintained in relation to an election, the instructions to be contained in the notification etc.;
(g) to exercise any other power which he deems necessary for the effective conduct of the election. (2) The Returning Officer shall, under unavoidable circumstances postpone the date or dates fixed for election or any process involved in the election at any stage with notice to the parties after recording the reason thereof:

Publication of Electoral Roll.- (1) The electoral roll shall be published within seven days from the date of notification of the election. The Returning officer shall make arrangements with the employer of the industrial establishment to display the electoral roll in the Notice Board of the respective industrial establishment. The Returning Officer shall also make arrangements with the employer concerned to supply the copy of the electoral roll to all the registered Trade Unions in the industrial establishment immediately after its publication in the notice board.

There is no readable visible text outside of the QR code itself.

(2) The list of Trade Union shall be in the order of date and year of registration: Provided that in the case of the date of registration of Trade Unions are same then the seniority shall be based on the alphabetical order or as may be decided by the Returning Officer. (3) The Returning Officer shall also make arrangements with the employer of the industrial establishment to publish the list finalised under sub-rule (1) in the notice board of the industrial establishment. 49. Withdrawal of Candidature.- Any Trade Union which validly nominated, may withdraw its nomination by a notice in writing through its President or Secretary not later than the time fixed for withdrawal. The withdrawal once made shall be final. 50. Final List of contesting Trade Unions.- The Returning Officer shall, after the period fixed for withdrawal of candidature, publish a final list of Trade Unions eligible to contest in the election. The final list of Trade Unions shall contain the name, registration number and the name of the affiliated union, if any. 51. Issue of ballot paper.- The officer in charge of the polling station shall issue a ballot paper to elector comes to polling station for casting his vote. Each ballot paper issued shall be signed on the reverse side by the officer in charge of the polling station. 52. Manner of recording votes.- (1) Every elector shall on receiving the ballot paper,-

(a) affix the seal on the ballot paper against the name of the Trade Union for which he desires to vote and deposit the same in the ballot box; or

Closing of ballot box.- The officer in charge of the polling station shall seal the ballot box immediately after the close of the poll.

Table

| Element | Description | |---|---| | Main object | QR code | | Shape | Square | | Colors | Black and white | | Visible text | None |

(ii) if the voter signs his name or writes any word or makes any mark by which the identity of the voter becomes recognisable;
(iii) if the mark indicating the vote thereon is placed in such a manner as to make it doubtful to which Trade Union the vote has been cast;
(b) the number of ballot papers issued;
(c) the number of voters who voted;
(h) percentage of the votes obtained by each Trade Union of the total number of votes casted.

Election dispute.- Complaints and objections to election shall be made in writing and shall be forwarded to the Verification Officer along with a fee of rupees one thousand for considering the objection so as to reach him within seven days after the declaration of the results of the election.

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

CHAPTER V

STANDING ORDERS

Table

| Element | Description | |---|---| | Main object | QR code | | Shape | Square | | Colors | Black and white | | Finder patterns | Top-left, top-right, bottom-left | | Visible text | None | | Background | Light/white | 66. Manner of forwarding draft standing order to certifying officer under sub-section (4) of section 30.- The employer shall prepare and submit draft standing orders in accordance with the provisions of Code to the certifying officer concerned in Form XXII, electronically or by post. 67. Manner of issuing notice under sub-section 5 of section 30.- On receipt of draft Standing Orders under rule 66, the certifying officer shall,

(a) Where there is any Trade Union or negotiating union of the industrial establishment or undertaking or members of the negotiating council, forward a copy of the draft standing order together with a notice in Form XXIII to such Trade Union or negotiating union or negotiating council.
(b) Where there is no Trade Union functioning in the industrial establishment or undertaking, forward a copy of the draft standing orders with a notice in Form XXIII to the workers selected under rule 68.

Manner of choosing representatives of workers of the industrial establishment or undertaking by certifying officer where there is no Trade Union, under clause (ii) of sub-section (5) of section 30. – Where there is no Trade Union as is referred to in clause (ii) of sub-section (5) of section 30, then, the Certifying Officer shall call a meeting of the representatives of workers of the works committee to choose three representatives, to whom he shall, upon their being chosen, forward a copy of the draft standing orders 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.
Statement to be accompanied with draft standing orders under sub-section (9) of section 30.-
Every application submitted before the certifying officer shall be accompanied with.- [^This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/]

There is no readable visible text outside of the QR code itself.

Table

| Element | Description | |---|---| | Main object | QR code | | Color | Black on white | | Shape | Square | | Background | White | | Visible text | None |

(c) Number of temporary workers;
(d) Number of badlis or substitutes;
(e) Number of probationers;
(f) Number of apprentices;
(j) Name and address of the members of the work committee

Conditions for submission of draft standing order in similar establishment under sub-section (10) of section 30.- (1) In cases of group of employers in similar industrial establishments or undertaking desires to submit a joint standing order, they may submit joint draft standing orders under sub-section (10) of section 30 after consultation with the Trade Unions concerned, if any: Provided that the joint draft standing orders, shall be submitted to the Labour Commissioner who shall, in consultation with the Certifying Officers concerned; certify or refuse to certify the said joint draft standing orders, after recording reasons therefore.
Manner of disposal of appeal by appellate authority under section 32:- (1) An employer or Trade Union or the negotiating union or negotiating council or where there is no negotiating union or [^]

None negotiating council in an industrial establishment or undertaking, any union or such representative body of workers of the industrial establishment or undertaking, 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 or by post to the Appellate Authority. (4) The appellate authority may at any stage of the proceedings call for any evidence, if it considers necessary for the disposal of the appeal.

Register for final certified copy of Standing Orders under section 34.- (I) The Certifying Officer shall maintain electronically or manually, a register of all standing orders certified or deemed to have been certified or adopted model standing orders of all the industrial establishments or undertaking concerned in Form XXV, inter-alia, containing the details, namely:-

(a) the unique number assigned to each standing orders;
(c) nature of industrial establishment;
(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, 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.

Application for modification of Standing Order under sub-section (2) of section 35.- The application for modification of an existing standing orders under sub-section (2) of section 35 shall be submitted manually or by post along with sufficient number of copies or electronically and 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 provisions of standing orders in force, and proposed modifications therein, reasons thereof and the details of registered Trade Union(s) including their address, phone number and email functioning therein and such statement shall be signed by a

Chapter VI

Chapter VII

(ii) In the case of the workers, by the officer of the registered Trade Union authorised in this behalf or by three representatives of the workers duly authorised in this behalf at a meeting of the concerned workers held for such purpose;
(iii) 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:
e) any other officer of the Trade Union authorised in this behalf by the President

No readable text is visible outside of the QR code itself. Personal Management and Industrial Relations or Degree in Master of Social Work from any recognized university and must have seven years experience in conciliation or quasi-judicial functions connected with labour disputes.

(4) If no such settlement is arrived at in the conciliation proceeding referred to in sub-rule (1), the conciliation officer shall upload the report in the portal within seven days from the date on which the conciliation proceedings are concluded.
(5) The report under sub-rule (4) shall also be sent to all parties concerned by registered post or electronically or the report under sub-rule (4) shall be accessible to the parties concerned on the said portal. [^]

Table

| Element | Description | |---|---| | Main object | QR code | | Colors | Black and white | | Shape | Square | | Background | White | | Visible text | None |

(11) Evidence shall be recorded or may be filed on affidavit. The opposite party shall have the right to cross-examine each of the deponents. Where the oral examination of each witness being proceeds, the Industrial Tribunal, shall make a memorandum of the substance of what is being deposed. While recording the oral evidence the Industrial 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).
(12) 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. Provided that the Industrial 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. Provided that the Industrial 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: Provided further that Industrial Tribunal may for sufficient cause set aside, after notice to the opposite party, the ex-parte decision either wholly or in part on application made within thirty days of the ex-parte decision. The tribunal may extend the time on sufficient cause being shown.

Table

| Element | Description | |---|---| | Main object | QR code | | Shape | Square | | Color | Black on white/light background | | Visible text | None |

page shall be payable; (19) The representatives of the parties appearing before Industrial Tribunal shall have the right of examination, cross-examination and of addressing the Industrial Tribunal when evidence has been called. Provided further that Tribunal may at any stage direct that any witness shall be examined or its proceedings be held in-camera. 86. Register of settlements.-The conciliation officer shall file all settlements effected under the Code in respect of disputes in the area within his jurisdiction in a register maintained electronically or manually in Form XXXI. 87. Application for recovery of dues.- (1) Where any money is due from an employer to a workman or a group of workmen or a deceased workman, under a settlement or an award or under the provisions of Chapter IX or Chapter X of the Code, the workman, the group of workmen, a person

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

There is no readable visible text outside of the QR code itself.

Table

| Element | Description | |---|---| | Main object | QR code | | Shape | Square | | Color | Black and white | | Background | Light/white | | Visible text | None | Provided that the Industrial Tribunal may grant extension of time, notwithstanding that no application for such extension has been received from the Commissioner within the prescribed time limit. 91. Local investigation.- In any industrial dispute in which the Industrial Tribunal deems a local investigation to be requisite or proper for the purpose of computing the money value of a benefit, the Industrial Tribunal may issue a Commission to a person referred to in rule 87 directing him to make such investigation and to report thereon to it. 92. Report of the Commissioner:- (1) The Commissioner after such local inspection as he deems necessary and after reducing to writing the evidence taken by him shall return such evidence together with his report in writing signed by him to the Industrial Tribunal .

(2) Report of the Commissioner and the evidence taken by him (but not the evidence, without the report) shall be evidence in the industrial dispute and shall form part of the record of the proceedings in the industrial dispute; but the Industrial Tribunal or, with the permission of the Industrial Tribunal, any of the parties to the Industrial dispute may examine the Commissioner personally before the Industrial Tribunal as to any of the matters referred to him or mentioned in his report or as to his reports; or as to the manner in which he has made the investigation. (3) Where the Industrial Tribunal is dissatisfied with the proceedings of the Commissioner it may direct such further enquiry to be made as it think fit. 93. Powers of Commissioner:- Any Commissioner appointed under these rules may unless otherwise directed by the order of appointment has the following powers, namely:-

(a) examine the parties themselves and any witness whom, they or any of them may produce and any other person whom the Commissioner thinks proper to call upon to give evidence in the matter referred to him;
(b) call for and examine documents and other things relevant to the subject of enquiry;

Summoning of witnesses etc.- (1) The provisions of the Code of Civil Procedure, 1908 (Act V of 1908) relating to the summoning attendance, examination of witnesses and penalties to be imposed upon witnesses shall apply to persons required to give evidence or to produce documents before the Commissioner under these rules. (2) Every person who is summoned and appears as a witness before the Commissioner shall be entitled to payment by the Industrial Tribunal out of the sum deposited under rule 88, of an allowance for expenses incurred by him in accordance with the scale for the time being in force for payment of such allowance to witnesses appearing in the Civil Courts.
Representation of parties before the Commissioner.- The parties to the industrial disputes shall appear before the Commissioner, either in person or by any other person who is competent to

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

There is no readable visible text present in the image. 97. Manner of giving notice of lock-out under sub-section (5) and authority under sub-section (6) of section 62. – 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 XXXVI to the Secretary of every registered Trade Union relating to such industrial establishment endorsing a copy thereof to the conciliation officer concerned, Labour Commissioner and the State Government electronically or by post. 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.

LAY OFF, RETRENCHMENT AND CLOSURE

Manner of serving notice before retrenchment of the worker under clause (c) of section 70. - If

There is no readable visible text outside of the QR code itself.

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

Manner of giving an opportunity for re-employment to the retrenched workers under section 72.- (1) 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 ten days before by registered post or electronically, to such retrenched workers. If such workers give their willingness for employment then, the employer shall give them preference over other persons in filling up of such vacancy: Provided further that where the vacancy is of a duration of less than one month, there shall be no obligation on the employer to send intimation of such vacancy to individual retrenched workmen.

(2) Immediately after complying with the provisions of sub-rule (1) the employer shall also inform the trade unions connected with the industrial establishment of the number of vacancies to be filled and names of the retrenched workmen to whom intimation has been sent under that sub-rule:

SPECIAL PROVISIONS RELATING TO LAY-OFF,

RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS

Table

| Element | Description | |---|---| | Main object | QR code | | Color | Black on light background | | Shape | Square | | Visible text | None | | Notable features | Three corner alignment markers |

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

78.- An application for permission under sub-section (1) of section 78 shall be made by the employer in Form XXXVIII stating clearly therein the reasons for the intended lay-off and a copy of such application shall be served simultaneously to the workers concerned electronically or by registered post. Such application shall also be displayed conspicuously by the employer on a notice board or on electronic board at the main entrance of the industrial establishment. 104. Time-limit for review under sub-section (7) of section 78.- The State 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. 105. Manner of making application for the intended retrenchment 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 XXXVIII electronically or by registered post, stating clearly therein the reasons for the intended retrenchment. A copy of such application shall also be sent to workers electronically or by registered post and such application shall also be displayed conspicuously by the employer on a notice board or on electronic board at the main entrance of the industrial establishment. 108. Time-limit for review under sub-section (5) of section 80.- The State 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.

WORKERS RE-SKILLING FUND

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

Notes

Because this is a QR code image, the embedded value/text is not visually readable from the image alone without decoding the QR code itself.

(2) The state Government shall appoint subordinate officers and staffs to the enquiry officer as it considers necessary for the efficient discharge of its function under this Code and Rule 112. Compounding of Offences.- The State Government shall notify as many officers not below the rank of District Labour Officer of Labour Department as an officer for compounding of offences under sub section (1) of section 89. (2) If prosecution is pending before the Judicial First Class Magistrate Court under sub-section (2) of section 87 or Enquiry Officer appointed under sub-section (1) of section 85 of the Code, the compounding officer shall sent an intimation of the receipt of application for composition to the Court concerned or the officer concerned as the case may be. (3) The Compounding Officer, after due enquiry, found that the offence is compoundable under the Code, issue an order of composition directing to deposit the amount within fifteen days from the date of receipt of order. (5) The accused person failed to remit the compounding amount within the time prescribed, in sub-rule (3), he is liable for a fine according to sub-section (7) of section 89. (6) The accused person failed to remit the composition amount as per sub-rule (3) and (5), the compounding officer shall issue a certificate for that amount to the District Collector concerned who shall recover the same as arrears of land revenue.

Chapter XIV

MISCELLANEOUS

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

No readable visible text is present in the image.

1. We hereby apply for the registration of a Trade Union under the name of..................
1. The Union is a Union of employers/ employees/workers engaged in the.................. trade/or....................... industry/or....................... profession or.......................
1. A copy of the rules of the Union duly subscribed as required by section 6 of the Industrial Relations Code 2020 (Central Act 35 of 2020), is appended hereto.
1. The particulars of the office bearers shall be given in Schedule I.
1. The particulars are given in Schedule II showing the provision made in the rules for the matters detailed in section 7 of the Industrial Relations Code, 2020.
1. The particulars required by sub-section (2) of section 8 of the Industrial Relations Code 2020, are given in Schedule III. (To be struck out in the case of Unions which have not been in existence for one year before the date of application) | Sl No. | Name | Signature | Occupation | Address | | --- | --- | --- | --- | --- | | 1. | | | | | | 2. | | | | | | 3. | | | | | | 4. | | | | | | 5. | | | | | | 6. | | | | | | 7. | | | | | The Registrar of Trade Unions, Place..................

There is no readable visible text shown in the image. Name of Trade Union- | Title | Name | Age in Years | Address, Phone No, Email | Occupation | | --- | --- | --- | --- | --- | | | | | | |

SCHEDULE II

REFERENCE TO RULES

| Matter | Number of rules | | --- | --- | | 1 | 2 | | (a) Name of union | | | (b) The objects for which the union has been established | | | (c) The purposes for which the general funds of the union shall be applicable | | | (d) The maintenance of a list of Members. | | | (e) The facilities provided for the inspection of the list of members by office bearers and members. | | | (f) The admission of ordinary members. | | | (g) The admission of honorary or temporary members. | | | (h) The payment of subscription | | | (i) The conditions under which members are entitled to benefit assured by the rules. | | | (j) The conditions under which fines or forfeitures can be imposed or varied. | | | (k) Provisions for annual general body meeting | | | (l) The manner in which the rules shall be amended, varied or rescinded. | | | (m) The manner in which the members of the executive and other officers of the union shall be appointed and removed. | | | (n) The safe custody of the funds | | | (o) The annual audit of the accounts. | | | (p) The facilities for the inspection of the account books for officers and members. | | | (q) The manner in which the Union may be dissolved. | |

SCHEDULE III

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.P. | Assets | Rs.P. | | --- | --- | --- | --- | | Amount of general fund | | Cash- | | | Amount of political fund | | In hands of Treasurer | | | Loans....From | | In hands of Secretary | | | | | | | | | | In the .............Bank | | | | | In the............. Bank | | | Debts due to | | Securities as per list below | | | | | Unpaid subscriptions | | | | | due Loans to- | | | | | | | | Other liabilities (to be specified) | | Immovable property | | | | | Goods and furniture | | | | | Other assets (to be specified) | | | Total Liabilities | | Total Assets | |

LIST OF SECURITIES

| Particulars | Nominal value | Market value | In hands of | | --- | --- | --- | --- | | 1. 2. 3. 4. 5. 6. 7. | | | |

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

FORM II

AFFIDAVIT TO BE FILED ALONG WITH THE APPLICATION FOR REGISTRATION OF TRADE UNIONS [ See rule 7] The members have consented to act and abide by the rules of the Trade Union as per the bye-law adopted in general body held on ......./........../......... All the statements made in Form-I application, Schedule-I, Schedule-II, Schedule-III*, minutes book, membership register and other documents appended herewith are true to best of my knowledge and belief. Dated: Place: General Secretary Name Name of the Trade Union [^]

Table

| Element | Description | |---|---| | Main object | QR code | | Shape | Square | | Color | Black on white | | Visible text | None | | Positioning markers | Top-left, top-right, bottom-left |

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

FORM IV

3. Date of Registration: | | | | 1) | 2) | 3) | 4) | 5) | | --- | --- | --- | --- | --- | --- | --- | --- | | i. | Name | : | | | | | | | ii. | Address | : | | | | | | | iii. | Office held in union | : | | | | | | | iv. | Occupation | : | | | | | | | v. | Year of entering on office | : | | | | | | | vi. | Age on entry | : | | | | | | | vii. | Year of relinquishing office | : | | | | | | | viii. | Other offices held in addition to membership of executive with dates.: | | | | | | |
1. Signature of the Registrar:
1. (a) Whether provision has been made for a separate fund under section 15(2) and if so from what date:
(b) Initials of the Registrar:
1. (a) Whether submitted statement as per section 9(4) of the code ?
(b) If yes, date of submission of statement:
1. (a) Date of intimation for alteration of rules:
(c) Initials of the Registrar:
(b) Address of the Trade Union as changed:
(c) If the changed address is in another place whether extracts of registration sent to the Registrar of the other place:
(d) Initials of the Registrar:
(b) Name of the amalgamated Union:

Part II

Annual Return

1. Date of submission

There is no readable visible text outside of the QR code itself.

FORM V

To The Registrar of Trade Unions.

................................................................................................................................................................................................................................................................ The above mentioned Trade Union desires that the Certificate of Registration under the Industrial Relations Code 2020 may be canceled / withdrawn as per the resolution passed in the general body meeting held on the …………day of………………20…… which was resolved as follows:— We have been duly authorized by the union to forward this application on its behalf, such authorization consisting of a resolution passed by the general body as stated above. (Signed) 1 Secretary. “2 “4 “5 “6 “7 “8 We hereby declare that what is stated herein is true to the best of our knowledge and belief. (Signed) 1 Secretary. “3 “4 “5 “7 “8

Table

| Element | Description | |---|---| | Main object | QR code | | Shape | Square | | Colors | Black and white | | Finder patterns | Top-left, top-right, bottom-left | | Visible text | None | Notice before withdrawal or cancellation of Certificate of Registration under sub-section (5) of section 9 of the Code. ........................................................................Trade Union Registration Number...................................................................

(iii) The membership of the union has fallen below the required number under the Code.
(iv) The Industrial Tribunal has ordered for the cancellation. Signature Registrar.

strike off which ever is not applicable

Seal

Dated the ........................................... Day of ........................................... 20........................................... To

There is no readable visible text outside of the QR code itself.

FORM VII

It is hereby certified that the Certificate of Registration No............. granted to the ............... Trade Union, the Head Office of which is situated at................... has been cancelled / withdrawn from ................... (date) as per ................... (order Number and date) Place........................................................................ Registrar of Trade Unions

FORM VIII

NOTICE OF CHANGE OF NAME AND ADDRESS OF

TRADE UNION [See rule 19] Name of Trade Union. : Registration Number. :

1. Notice is hereby given that the provisions of section 24(1) of the Industrial Relations Code, 2020 having been complied with, the name of above mentioned Trade Union has been changed to ................................................................................................................................................................................................................................................................................................................................ The consent of the members was obtained by the resolution of a general body meeting held on ........................................................................................................................................................................ at ........................................................................................................................................................................ under rule ........................................................................................................................................................................ of constitution of the union Signed 1 2 3 4 5 6 7 8 Executive members Secretary

Table

| Element | Description | |---|---| | Main object | QR code | | Colors | Black and white | | Shape | Square | | Background | Light/plain | | Visible text | None |

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

[See rule 20]

a. Name of Registered Trade Union A Number of Registration
b. Name of Registered Trade Union B : Number of Registration : (and so on, if more than two) Date this...........................................................................day of...........................................................................20...........................................................................

Notice is hereby given that in accordance with the requirements of sub-section (2) of section 24 of the above Industrial Relation Code, 2020 (Central Act 35 of 2020), the members of each of the above mentioned trade unions have resolved to become amalgamated together as one single trade union. And that the following are the terms of the said amalgamation: And that it is intended that the trade union shall henceforth be called .......................... (Name after amalgamation) (To be signed by seven members and the Secretary of each Trade Union.) “3 “4 “6 “7 Secretary [^]

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

There is no readable visible text outside of the QR code itself.

FORM X

NOTICE OF AMENDMENT TO THE CONSTITUTION OF THE TRADE UNION [See rule 21] | Sl No. | Existing rules in the Constitution of union | Proposed alternations | | --- | --- | --- | | | | | Secretary Certified that the Constitution of the ........................................... (name of the Union and Reg. No.) has been amended as above on this ........................................... day of ........................................... 20............ Registrar of Trade Unions

NOTICE OF DISSOLUTION OF TRADE UNION

[See rule (22)] Name of Trade Union: Registration N: Address: Dated this the ......................20...... To The Registrar of Trade Unions, [^* Here insert the date, or if there was no such resolution state in what other way the authorisation was given.]

Table

| Element | Description | |---|---| | Main object | QR code | | Shape | Square | | Colors | Black and white | | Position markers | Top-left, top-right, bottom-left | | Visible text | None | [See rule 24] For the year ending 31st day of December 20.... 1 Name of Union : (c) Private Sector - Central Sphere (d) Private Sector - State Sphere *7 Name of all India Body/Federation to which affiliated : *8 Affiliation No. : 16 No. of members contributing to political fund : *18 Whether a copy of the rules of Trade Union corrected upto the date of despatch of this return duly signed by the Secretary of the Union appended or not. *19 Whether part B of the return overleaf has been duly filled or not. Dated the ...........................................Secretary [^If the union falls under more than one category, the membership claimed in each category may be shown separately.]

Table

| Element | Description | |---|---| | Main object | QR code | | Shape | Square | | Colors | Black and white | | Visible text | None | | Notable features | Finder markers in top-left, top-right, and bottom-left |

PART B

| Liabilities | Rs | Assets | Rs | | --- | --- | --- | --- | | Amount of General Fund | | Cash | | | | | In the hands of Treasurer | | | | | In the hands of Secretary | | | Amount of political fund | | In the hands of........... | | | | | In the...............Bank | | | | | In the .................Bank | | | | | Securities as per listed below | | | Loans from | | Unpaid subscription due for | | | .................... | | *a) the year | | | .................... | | *b)previous year | | | .................... | | Loans to | | | | | *a)Officers | | | Debts due to | | *b)Members | | | | | *c)Others | | | Other liabilities(to be specified) | | Immovable properly | | | | | Goods and furniture | | | | | Other assets(to be specified) | | | Total | | Total | | | Particulars | Fare Value | Cost Price | Market price at the date on which accounts have been made up | In the hands of Treasurer | | --- | --- | --- | --- | --- | | (1) | (2) | (3) | (4) | (5) |

GENERAL FUND ACCOUNT

| INCOME | Rs | EXPENDITURE | Rs | | --- | --- | --- | --- | | Balance at beginning of the year | | Salaries and allowance of officers | | | Subscription from member(including unpaid subscription due for the year) | | Traveling allowance, salaries, allowance and expenses of Establishment | | | *a)Subscription received | | | | | *b)Subscription in arrears for three months or less | | | | | *c)Subscription in arrears for more than three months | | | | | Donation | | Auditor’s fee | | | Sale of periodicals, books, Rules etc. | | Legal expenses | | | Interest on investments | | Expenses conducting trade Disputes | |

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

The image shows a QR code.

It is a square, black-and-white matrix barcode.
There are three large square positioning markers visible:
- top-left
- top-right
- bottom-left
The rest of the image contains the dense pixel pattern typical of a QR code.
There is no other visible text in the image.
The image appears tightly cropped around the QR code with a light background.

Table

| Element | Description | |---|---| | Image type | QR code | | Colors | Black and white | | Visible text | None | | Notable features | Three corner finder squares: top-left, top-right, bottom-left |

Compensation paid to member for loss arising out of trade disputes Funeral of age sickness, unemployment, benefits etc. Educational, Social and Religious Benefits Cost of publishing periodicals Stationery, Printing and postage Expenses incurred under Section 15(j) of the Indian Trade Union Act 1926 (to be specified) Other expenses(to be specified) Total

POLITICAL FUND ACCOUNT

INCOME Balance at the beginning of the year Contribution from.....members at ........per member Expenses of management(to be fully specified) Balance at end of year Total The undersigned having had access to all the books of accounts of the ........................................... and having examined the foregoing statements, and verified the same with the accounts vouchers relating thereto, now sign the same as found to be correct duly vouched and in accordance with the law subject to the remarks if any, appended hereto and also certify that the ...........................................Union had properly maintained its membership registers and its accounts and the members had paid their membership subscription 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 The following changes of officers have been made during the year 20......

OFFICERS

RELINQUISHING OFFICE | Name | Office | Date of relinquishing | | --- | --- | --- | | (1) | (2) | (3) |

OFFICERS APPOINTED

| Name | Date of birth | Private address | Personal Occupation | | --- | --- | --- | --- | | (1) | (2) | (3) | (4) | | Title Position held In Union | Date of which appointment in column (5) was taken up | Other officers held in addition to membership of executive with date | | | (5) | (6) | (7) | | Date of last election office bearers : Date of next election of Office bearers : Secretary.

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

Table

| Element | Description | |---|---| | Main object | QR code | | Colors | Black and white | | Shape | Square | | Position markers | Top-left, top-right, bottom-left | | Visible text | None |

FORM XIII

ANNUAL RETURN BY FEDERATION OF TRADE UNIONS [See rule 24] 1 Name of Federation : 2 Address of the Federation : *5 Name of Industry/Industrial Establishment : *6 Classification of sector (Please state to which of the following for categories the union Belongs: (a) Public Sector - Central Sphere (b) Public Sector - State Sphere (c) Private Sector - Central Sphere *7 Name of all India Body to which affiliated : *8 Affiliation No. : *9 Affiliated fee paid to the all India body to which affiliated during the year : *10 Date of payment of affiliation fee to the all India body : *11 Membership fee charged from affiliated Unions by the Federation during the year : 12 No. of affiliated Union at the beginning of the year and their membership : 13 No. of Unions joining during the year and their membership 14 No. of Unions disaffiliated at the end of the year and their membership : 15 No. of affiliated Union at the end of the year and their membership : 18 Whether a copy of the rules of the Federation corrected upto the date of despatch of this return is appended or not. 19 Whether part B of the return below has been duly filled or not. Dated the...........................................................................Secretary

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

PART B

| Liabilities | Rs | Assets | Rs | | --- | --- | --- | --- | | Amount of General Fund | | Cash | | | | | In the hands of Treasurer | | | | | In the hands of Secretary | | | Amount of political fund | | In the hands of.......... | | | | | In the................Bank | | | | | In the ................Bank | | | | | Securities as per listed below | | | Loans from | | Unpaid subscription due for | | | ................ | | *a) the year | | | ................ | | *b)previous year | | | ................ | | Loans to | | | | | *a)Officers | | | Debts due to | | *b)Members | | | | | *c)Others | | | Other liabilities(to be specified) | | Immovable properly | | | | | Goods and furniture | | | | | Other assets(to be specified) | | | Total | | Total | | | Particulars | Fare Value | Cost Price | Market price at the date on which accounts have been made up | In the hands of Treasurer | | --- | --- | --- | --- | --- | | (1) | (2) | (3) | (4) | (5) |

GENERAL FUND ACCOUNT

| INCOME | Rs | EXPENDITURE | Rs | | --- | --- | --- | --- | | Balance at beginning of the year | | Salaries and allowance of officers | | | Subscription from member(including unpaid subscription due for the year) | | Traveling allowance, salaries, allowance and expenses of Establishment | | | *a)Subscription received | | | | | *b)Subscription in arrears for three months or less | | | | | *c)Subscription in arrears for more than three months | | | | | Donation | | Auditor fee | | | Sale of periodicals, books, Rules etc. | | Legal expenses | | [^This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/]

AUDITORS' DECLARATION

Auditor Auditor The following changes of officers have been made during the year 20......

Table

| Element | Description | |---|---| | Main object | QR code | | Shape | Square | | Colors | Black and white | | Finder markers | Top-left, top-right, bottom-left | | Visible text | None |

OFFICERS

RELINQUISHING OFFICE. | Name (1) | Office (2) | Date of relinquishing (3) | | --- | --- | --- |

OFFICERS APPOINTED

Table Information

| Name | Date of birth | Private address | Personal Occupation | | --- | --- | --- | --- | | (1) | (2) | (3) | (4) | | Title Position held In Union | Date of Which appointment in column (5) was taken up | Other officers held in addition to membership of executive with date | | | (5) | (6) | (7) | | Secretary.

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

No readable text is visible outside of the QR code itself.

[See rule 34(1)] I .................................................. (Name & Designation), Employer of............................................... (Name and Address of Industry/ Industrial Establishment) hereby apply for the issuance of certificate for recognition of Trade Unions in the ............................................... (Industry/Industrial Establishment)

i. Name and Address, Reg No.
ii.
iii.
1. Details regarding the earlier recognition if any:
1. If recognised earlier whether its recognition has been cancelled or withdrawn: Signature of Employer

FOR OFFICE USE

Dated signature of the Verification Officer

No readable visible text is present in the image.

[See rule 35(1)]

(Name and address of the Trade Union/ Employer)

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

There is no readable visible text outside of the QR code itself.

[See rule 33, 36 and 63 (2)]

| Name and address of the industrial establishment/class of industry | Name and address of the Trade Union(s) | Registration No. under the Industrial Relation Code 2020 (Central Act 35 of 2020) | Date of application for recognition | | --- | --- | --- | --- | | (1) | (2) | (3) | (4) | | Details of payment of fee (Amount. Name of Treasury Date and No. of Chalan) | Nature of recognition (Sole negotiating union/ negotiation counsel/ negotiating union) | Percentage of votes secured | Date of Recognition | Signature of the Registrar of recognition | | --- | --- | --- | --- | --- | | (5) | (6) | (7) | (8) | (9) |

FORM XVIII

It is hereby certified that...........................................(name of the trade union) have complied with the provisions of the Industrial Relations Code 2020 and Kerala Industrial Relations Rule 2021. Hence, ...........................................(here enter the name and address of the Trade Union with Registration No. .... Industrial Relations Code 2020 and Kerala Industrial Relations Rule 2021) is eligible to be recognized as sole negotiating union/ negotiating union/ negotiating council in the Industry/ Industrial establishment...........................................(here enter the name and address of the Industry/ industrial establishment as the case may be) - with ............% of total polled votes in the referendum conducted on ...........................................(date) Dated this on the..................... day of ..................20.................. [^]

Table

| Element | Description | |---|---| | Main object | QR code | | Colors | Black and white | | Position | Centered | | Visible text | None | | Additional graphics | None |

FORM XIX

NOMINATION | 1 | Name and address of the Registered Trade Union | : | | --- | --- | --- | | 2 | Registration No. of the Trade Union under the Code | : | | 3 | Name of the Affiliated if any (Affiliation No. to be provided) | : | | 4 | Name of Establishment/Class of Industry | : | | 5 | No. and date of receipt of fee remitted for Recognition (Copy to be attached) | : | | 6 | Name and Employee Code of the Proposer* | : | | 7 | Name and Employee Code of the Seconder* | : | Date : Place : The name of the proposer and seconder should be borne in elector roll.

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

There is no readable visible text outside of the QR code itself.

Table

| Element | Description | |---|---| | Main object | QR code | | Shape | Square | | Colors | Black and white | | Finder markers | Top-left, top-right, bottom-left | | Visible text | None |

CERTIFICATE OF RECOGNITION OF TRADE UNION BY THE EMPLOYER

[See rule 33 and 63(1)] No................................................................................................................................................................................................................................................................ Dated this on the .....................day of..................... 20..................... Place:

FORM XXI

MEMORANDUM OF SETTLEMENT

[See rule 64(3) & 85] (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) ................................................................................................................................................................................................................................................................ Terms of settlement . Signature of the parties In case the settlement arrived at between the employer and his workers otherwise than in the course of conciliation proceeding the copy of the memorandum shall be marked to the Conciliation Officer, concerned.

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

APPLICATION FOR CERTIFICATION OF STANDING ORDERS

(Place): (Postal Address): An industrial establishment or undertaking owned/controlled by me, with the request that these orders may be certified under the terms of the Code. I also enclose a statement giving the particulars prescribed in rule 71 of the Kerala Industrial Relations Rules 2021.

There is no readable visible text outside of the QR code itself.

Table

| Element | Description | |---|---| | Main object | QR code | | Shape | Square | | Colors | Black and white | | Position markers | Top-left, top-right, bottom-left | | Visible text | None | [See rule 67((a) and (b))] Date : ............................................................................. Office of the Certifying Officer, Seal (Certifying Officer)

NOTICE FOR EXHIBITION OF DRAFT STANDING ORDERS

[See rule 69 (1)] Date:....................... (Office of the Certifying Officer) The employer of the ………………………… (name of the industrial establishment or undertaking) has submitted to the Certifying Officer the appended draft Standing Orders proposed by him for adoption in his industrial establishments or undertaking. Any objections which any workman in the establishment desires to make to the draft Standing Orders should be submitted to me within fifteen days from the date of publication of this notice. If no objections are received within fifteen days from the date of publication of this notice, it will be deemed that the workmen have no objections to make. (Seal) Certifying Officer.

There is no readable visible text outside of the QR code itself.

REGISTER OF CERTIFIED STANDING ORDERS

[See rule 76] | Sl No | File No | Unique Number | Name and address of the Industrial Establishment or undertaking | Nature of Industrial Establishment or undertaking (Manufacturing Industry / Service Sector) | Date of certification/ deemed Certification/ Adoption of model Standing Order | Areas of operations of the industrial establishment or undertaking | Signature of Certifying Officer | | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | |

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

FORM XXVI

NOTICE OF CHANGE OF SERVICE CONDITIONS Name of employer................................................................................................................................................................................................................................................................ Address................................................................................................................................................................................................................................................................ Dated the _______day of ________________________ 20 Designation ....................... (Employer)

1. The Secretary of registered Trade Union, if any.
1. District Labour Officer concerned.

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

There is no readable visible text outside of the QR code itself.

Table

| Element | Description | |---|---| | Main object | QR code | | Shape | Square | | Colors | Black and white | | Visible text | None | | Corner markers | Top-left, top-right, bottom-left |

FORM XXVII

BETWEEN

...................Name of the parties representing employer (s) And Representing workers

(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. 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 Central Government 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 aforementioned, 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/(s).
1. ........................................................................

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

No readable visible text is present outside of the QR code itself.

FORM XXVIII

AUTHORISATION FOR REPRESENTATION

[See rule 81, 116 and 117] Before the Authority (Here mention the Authority concerned) ...........................................................................(workers) Versus I/we hereby authorise Shri... ....................(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 :

Text

No readable text is visibly present in the image outside of the QR code pattern itself.

Table Summary

| Element | Description | |---|---| | Main object | QR code | | Colors | Black and white | | Shape | Square | | Visible text | None | | Notable features | Three corner finder squares, dense encoded pattern | 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 of India and the laws of the land. (Signature) Place: Date:

Part I

Table of Settlements

| Sl. No. | Establishment / Industry | Parties to the settlement | Date of settlement | Valid upto | Remarks* | | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | | | | | | | | | | | Whether the settlement was effected at the intervention of the conciliation machinery, or by mutual negotiations between the parties, may be indicated here. Should contain one copy each of the settlements in the serial order indicated in Part I.

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

There is no readable visible text outside of the QR code itself.

APPLICATION FOR RECOVERY OF MONEY

(1) The Secretary to the Government of Kerala, Labour and Skills Department, Government Secretariat, Thiruvananthapuram.
(2) TheLabour Commissioner,Thiruvananthapuram.
(3) The District Labour Officer................................... (Here insert the address of the District concerned) Sir,

I/We have to state that I am/we are entitled to receive from M/s...................... a sum of Rs....................(Rupees ....................only)
I, Shri/Shrimati/Kumari ......................have to state that Shri/Shrimati/Kumari ......................is/was entitled to receive from M/s...................... a sum of Rs....................(Rupees ....................only) on account of under the provisions of Chapter IX or Chapter X of the Industrial Relations Code, 2020 in terms of the award dated the ......................given by...................... in terms of the settlement dated the......................arrived at between the said M/s......................and their workmen through ......................the duly elected representatives.
I have been duly authorised in writing by (here insert the name of the workman) to make this application and to receive the payment of the aforesaid amount due to him. Signature of the applicant(s) Address(es)

There is no readable visible text outside of the QR code itself.

Table

| Element | Description | |---|---| | Main object | QR code | | Shape | Square | | Colors | Black and white | | Finder markers | Top-left, top-right, bottom-left | | Visible text | None |

CLAIM PETITION

[See rule 87(2)] Before the Industrial Tribunal ........................................................................... Between

(1) Name of the applicant(s). .......................... And
(2) Name of the employer. ..........................

Station: Date:

ANNEXURE

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

FORM XXXIV

APPLICATION BY AN ASSIGNEE OR LEGAL HEIR

[See rule 87(2)] Before the Industrial Tribunal ...........................................................................

(1) Name of the applicant/applicants I am/we are the assignee(s) of the deceased workman and am/are entitled to make an application on his behalf. Shri. .................................... former workman of M/s..............................................of is entitled to receive from the said M/s.............................................. the money/benefits mentioned in the statement hereto annexed; It is prayed that the Tribunal be pleased to determine the amount/amounts due to the deceased workman. Address of workman Signature or thumb-impression of the applicant(s) Address of the applicant(s) Station: Date:

ANNEXURE

There is no readable visible text in the image.

[See rule 96 (1)]

Name of five elected representatives of workers.....1........................................................................

Dated the .....................day of................20............ In accordance with the provisions contained in sub-section (1) of section 62 of the Industrial Relations Code, 2020 We hereby give you notice that we propose to call a strike / we propose to go on strike on …………20….., for the reasons explained in the annexure. (Signature) Five representatives of the duly elected at a meeting held on ....................... workers resolution (date) (Copy of resolution attached) Copy to : Conciliation Officer of the local area concerned.

ANNEXURE

(Statement of the reasons) Signature (Secretary of the Union)

Table

| Element | Description | |---|---| | Main object | QR code | | Shape | Square | | Colors | Black and white | | Finder patterns | Top-left, top-right, bottom-left | | Visible text | None |

FORM XXXVI

NOTICE OF LOCK-OUT [See rule 97] (Notice of Lock-out to be given by an employer of an industrial establishment) Name of employer ............................................................................................................................................. Address.....................................................................................................................................................Labour Identification Number ................................................................................................................................... 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 ...........................................................................(date) for the reasons explained in the annexure. Signature............................................................................. Designation.......................................................................... (Employer)

1. Statement of reasons Copy forwarded to:

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

No readable text appears in the image outside of the QR code itself.

FORM XXXVII

NOTICE OF INTIMATION OF RETRENCHMENT/ CLOSURE [See rule 99 and 102] ( To be submitted online. In case of exigencies, on paper in the prescribed format below) Name of Industrial Establishment /Undertaking............................................................................. Labour Identification Number ................................................................................................................................................................................................................................................................ To, I/ we* hereby intimate you that I*/we* have decided to retrench............................................... workers** out of a total 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
1. - 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.
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.
1. 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

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

Table

| Element | Description | |---|---| | Image type | QR code | | Colors | Black and white | | Position markers | Top-left, top-right, bottom-left | | Readable text | None visible | | Background | White |

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.

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. Yours faithfully, (Name of Employer/ ***Authorised Representative with Seal)

(* Strike off which is not applicable.)
(*** Indicate number in ﬁgures and words both)
(Copy of Authorisation letter issued by the employer shall be enclosed) Copy to:
(1)District Labour Officer of the concerned area.

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

Table

| Element | Description | |---|---| | Image type | QR code | | Colors | Black and white | | Visible text | None | | Shape | Square | | Position markers | Top-left, top-right, bottom-left |

FORM XXXVIII

APPLICATION FOR PERMISSION OF LAY-OFF/ CONTINUATION OF LAY-OFF/ RETRENCHMENT/ CLOSURE [See rule 103, 105 and 107] (To be submitted online. In case of exigencies on paper in the prescribed format below) Name of Industrial Establishment or Undertaking ........................................................................... Labour Identification Number................................................................................................................................................................................................................................................................ Dated.................. (Note: The application shall be served as indicated below:) To,

1. (Lay-off) (a). Under section 78(2) of the Industrial Relations Code, 2020, I/we* hereby apply for --permission to lay-off ...........workers** out of total of ........ workers** employed in my*/our* establishment (details to be given in Annexure-I) with effect from ............ (DD/MM/YYYY). or or (Retrenchment) (c). Under section 79(2) of the Industrial Relations Code, 2020, I/we* hereby apply for permission for intended retrenchment of……………… workers out of total of ………… workers** employed in my*/our* establishment (details to be given in Annexure-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 Annexure-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)
1. - (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.*

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

The image shows a QR code.

It is a square, black-and-white matrix barcode.
There are three visible large square finder patterns:
- Top-left
- Top-right
- Bottom-left
The rest of the image contains dense smaller black-and-white square modules forming the encoded pattern.
There is no other visible text in the image.
The image appears tightly cropped around the QR code with a light background.

Table

| Element | Description | |---|---| | Image type | QR code | | Colors | Black and white | | Visible text | None | | Notable features | Finder squares at top-left, top-right, and bottom-left |

(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.
1. (Retrenchment) I*/we* hereby declare that the workers concerned will be retrenched in compliance to the section 71 and section 72 of this Code.
1. 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.
1. 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.
1. 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/ Representative with Seal) Authorised ( 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 :
1. District Labour Officer of the local area, concerned.
1. To the officer of Labour Commissionerate (for statistical purpose)

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
(iii) Whether the undertaking is Licensed/registered and if so, name of licensing/ registration authority and license / registration certificate numbers
3 (a) MCA Number
(b) GST Number

Text

There is no clearly readable text visible in the image outside of the QR code pattern itself.

Table

| Element | Description | |---|---| | Main object | QR code | | Color | Black and white | | Shape | Square | | Position | Centered | | Visible text | None readable | | Notable features | Three corner markers typical of QR codes |

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

4 (i) Annual production, item wise for preceding three years-
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/retrrenchment /closure. This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

Table

| Element | Description | |---|---| | Main object | QR code | | Shape | Square | | Color | Black and white | | Visible text | None | | Position markers | Top-left, top-right, bottom-left |

ANNEXURE II

(Details of affected workers) | Sl.No. | UAN/ EPFO | Name of the Worker | Category (Highly Skilled/ Skilled/ Semi-skilled/ Unskilled) | Date from which in service in/with the said establishment/ Undertaking/ Employer | Wage as on date of application | Remark | | --- | --- | --- | --- | --- | --- | --- | | 1 | | | | | | | | 2 | | | | | | | | 3 | | | | | | |

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

No readable text is visible outside of the QR code itself. [See rule 113]

6. whether any case pending before any authority or Court in the same matter If Yes, (Particulars of the offence / offences) ................................................................................................................................................................................................................................................................
Section of the Code under which the offence is committed. Place: Dated: Applicant (Name and signature)

This is a digitally signed Gazette. Authenticity may be verified through https://compose.kerala.gov.in/

Table

| Element | Description | |---|---| | Main object | QR code | | Shape | Square | | Colors | Black and white | | Finder patterns | Top-left, top-right, bottom-left | | Visible text | None |

FORM XL

COMPLAINT UNDER SECTION 91 OF THE INDUSTRIAL RELATIONS CODE, 2020 [See rule 115] Versus Address: B............................................ Opposite Party(ies). 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 may be pleased to take the complaint into account for mediation and promote the settlement of the dispute/ *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…………………

Strike off which is not applicable Signature or thumb impression of the person verifying By order of the Governor, MINI ANTONY Secretary to Government

PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2021

The image shows a QR code.

There is no other clearly visible text in the image besides the QR code itself.

Details

The QR code is black and white.
It appears on a light background.
The image is small and tightly cropped around the code.
Standard QR code positioning squares are visible in the corners.

Kerala Industrial Relations Draft Rules

Full rule text

Main Elements

Layout Summary

Labour and Skills (E) Department

Table

DRAFT RULES

CHAPTER - I

Chapter II

Table

Table

CHAPTER IV

Table

Table

CHAPTER V

STANDING ORDERS

Table

Table

Chapter VI

Chapter VII

Table

Table

Table

LAY OFF, RETRENCHMENT AND CLOSURE

SPECIAL PROVISIONS RELATING TO LAY-OFF,

Table

WORKERS RE-SKILLING FUND

Notes

Chapter XIV

MISCELLANEOUS

SCHEDULE II

REFERENCE TO RULES

SCHEDULE III

STATEMENT OF LIABILITIES AND ASSETS ON THE ....DAY OF....20...

LIST OF SECURITIES

FORM II

Table

FORM IV

Part II

Annual Return

FORM V

Table

Seal

FORM VII

FORM VIII

NOTICE OF CHANGE OF NAME AND ADDRESS OF

Table

FORM X

NOTICE OF DISSOLUTION OF TRADE UNION

Table

Table

PART B

GENERAL FUND ACCOUNT

Table

POLITICAL FUND ACCOUNT

OFFICERS

OFFICERS APPOINTED

Table

FORM XIII

PART B

GENERAL FUND ACCOUNT

AUDITORS' DECLARATION

Table

OFFICERS

OFFICERS APPOINTED

FOR OFFICE USE

[See rule 33, 36 and 63 (2)]

FORM XVIII

Table

FORM XIX

Table

CERTIFICATE OF RECOGNITION OF TRADE UNION BY THE EMPLOYER

FORM XXI

MEMORANDUM OF SETTLEMENT

APPLICATION FOR CERTIFICATION OF STANDING ORDERS

Table

NOTICE FOR EXHIBITION OF DRAFT STANDING ORDERS

REGISTER OF CERTIFIED STANDING ORDERS

FORM XXVI

Table