Ladakh Industrial Relations Rules, 2026
Full text and citation for Ladakh's rules under the Industrial Relations Code, 2020, parsed verbatim from the official gazette PDF. Use the source PDF for reliance.
Full rule text
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सत्यमेव जयते संघ राज्य प्रशासन, लद्दाख THE ADMINISTRATION OF UNION TERRITORY OF LADAKH श्रम एवं रोजगार विभाग, संघ राज्य सचिवालय, LABOUR & EMPLOYMENT DEPARTMENT, UT SECRETARIAT, लेह, लद्दाख LEH, LADAKH टेलीफोन Telephone: 01982-255786 ईमेल Email: secy.labemp@gmail.com No: 2026-27 / 66-74 Date: 24.04.2026. Subject: Inviting comments/suggestions from stakeholders on draft Industrial Relations (Ladakh) Rules, 2026. That the Labour and Employment Department, Union Territory of Ladakh, has prepared the draft Industrial Relations bearing S.O. No 178 dated 24.04.2026 in accordance with the directions of the Ministry of Labour and Employment. The said draft Rules have been framed under the Industrial Relations Code 2020 and are intended to regulate the matter relating to industrial relations including conditions of employment, dispute resolution mechanisms , and other connected aspects across various establishments in the Union Territory of Ladakh. Before finalization of the draft Rules, comments/suggestions are invited from all stakeholders and the general public. The draft Rules is attached herewith for reference Email: secy.labemp@gmail.com No clearly readable standard text is visible. It appears to be a handwritten symbol, initials, or signature fragment rather than legible printed text. By Post: Administrative Secretary Labour and Employment Department Union Territory of Ladakh 1st Floor, Secretariat UT of Ladakh – 194101 Submissions should clearly indicate the relevant provision/rule number along with proper justification. The comments/suggestions received after the stipulated period shall not be entertained. All submissions received within the prescribed period shall be examined in accordance with applicable rules and instructions Encl:- As Above
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- Across the middle is a blue handwritten date-like text:
- 24-04-2026
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- At the bottom left, partially visible printed black text reads:
- der Secretary
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| Type | Text | |---|---| | Handwritten | 24-04-2026 | | Printed | der Secretary | | Handwritten | illegible signature/initials | Other Secretary Labour and Employment Department Union Territory of Ladakh Copy to the:-
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- Administrative Secretray Labour and Employment Department, UT-Ladakh, for kind information.
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- Administrative Secretary, General Administration Department, UT of Ladakh for information.
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- Technical Director, NIC, Ladakh with the request to upload the draft Rule on the official website of the UT Administration Ladakh and District Websites of Leh and Kargil districts.
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- Assistant Labour Commissioner Leh and Kargil, UT Ladakh for information.
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- Joint Director, Information and Public Relations Department, UT of Ladakh.
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- Private Secretary to Chief Secretary, UT of Ladakh for information of the Chief Secretary, UT Ladakh.
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- Office record file.
LABOUR AND EMPLOYMENT DEPARTMENT
UNION TERRITORY OF LADAKH
NOTIFICATION
Ladakh, the 24th of April 2026. S.O. 178—. The following draft rules, which the Administration of Union territory of Ladakh proposes to make in exercise of the powers conferred by Section 99 of the Industrial Relations Code, 2020 (35 of 2020) read with S.O. 2752(E) dated 22nd June, 2023 issued by Ministry of Home Affairs and section 24 of the General Clauses Act, 1897 (10 of 1897) and in supersession of the:—
- (i) The Jammu and Kashmir Trade Union Regulations, 1972 ;
- (ii) The Industrial Employment (Standing Orders) Jammu and Kashmir Rules, 1972 ;
- (iv) All other rules, regulations, notifications order or instructions corresponding thereto, in so far as they relate to the Union Territory of Ladakh and are inconsistent with these rules. 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 notification will be taken into consideration after the expiry of a period of forty five days from the date on which the copies of the Official Gazette in which this notification is published are made available to the public; Objections and suggestions, if any, may be addressed to Secretary, Labour and Employment (secy.labemp@gmail.com) and Deputy Secretary, Labour and Employment Department, Civil Secretariat, UT of Ladakh.
CHAPTER- I
PRELIMINARY
- (2) These Rules shall extend to whole of the Union Territory of Ladakh.
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- Definitions. — (1) In these Rules, unless the context otherwise requires, —
- (a) “Administration” means the Administration of Union Territory of Ladakh;
- (b) "Code" means the Industrial Relations Code, 2020;
- (c) "Form" means forms appended to these Rules; and
- (d) "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.
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- Written Agreement for the settlement before the Conciliation Officer under clause (zi) of section 2.— The written Agreement under clause (zi) of section 2 between the employer and worker shall be in the form specified in Form-I and shall be signed by the parties to the agreement and a copy thereof shall be sent to the Conciliation Officer concerned.
CHAPTER II
BI-PARTITE FORUMS
- 4. Constitution of Works Committee under section 3. — (1) Every employer to whom an order made under sub-section (1) of section 3 relates, shall forthwith proceed to constitute a Works Committee in the manner as is specified in the following sub-rules: (2) Number of members: — The number of members constituting the Committee shall be fixed by the employee so as to afford representation to the various categories, groups and class of workers engaged in, and to the sections, shops or departments of the establishment: Provided that the total number of members of the Works Committee shall not exceed twenty: (4) Consultation with Trade Union(s): — (a) Where any workers of the industrial establishment are members of a registered Trade Union, the employer shall ask such Trade Union to inform him in writing as to how many of the workers are members of such Trade Union. (b) Where an employer has reason to believe that the information furnished to him under clause (a) by the registered Trade Union is false, he may, after informing such Trade Union, refer the matter to the Deputy Labour Commissioner, Union territory of Ladakh who shall, after hearing the parties, shall decide the matter and his decision thereon shall be final. (5) Group of workers’ representatives and officers of the Committee: — 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 two following groups, namely:—
- (a) Registered Trade Union may choose their representatives as members for Works Committee in the proportion of their memberships; and
- (b) where there is no registered Trade Union, workers may choose amongst themselves representatives for Works Committee.
- (i) The Works Committee shall have among its office-bearers a Chairman, a Vice- Chairman, a Secretary and a Joint Secretary. The Secretary and the Joint Secretary shall be elected every year;
- (ii) The Chairman shall be nominated by the employer from amongst the employers’ representatives on the Works Committee and he shall, as far as possible, be the head of the industrial establishment;
- (iii) The Vice-Chairman shall be elected by the members, on the Works Committee representing the workers, from amongst themselves: Provided that in the event of equality of votes in the election of the Vice- Chairman, the matter shall be decided by draw of a lot:
- (c) The Works Committee shall elect the Secretary and the Joint Secretary provided that where the Secretary is elected from amongst the representatives of the employers, the Joint Secretary shall be elected from amongst the representatives of the worker and vice versa: Provided that the post of the Secretary or the Joint Secretary, as the case may be, shall not be held by a representative of the employer or the worker for two consecutive years:
Provided that the representatives of the employer shall not take part in the election of the Secretary or Joint Secretary, as the case may be, from amongst the representatives of the workers and only the representatives of the workers shall be entitled to vote in such elections.
- (d) In any election under clause (c), in the event of equality of votes, the matter shall be decided by a draw of lot. (6) Term of office:—
- (a) The term of office of the representatives on the Works Committee, other than a member chosen to fill a casual vacancy shall be two years;
- (b) A member chosen to fill a casual vacancy shall1 hold office for the unexpired term of his predecessor; and
- (c) A member who without obtaining leave from the Works Committee, fails to attend three consecutive meetings of the Committee shall cease his membership, provided that such member shall be given an opportunity of being heard.
- (7) Vacancies.:- In the event of workers' representative ceasing to be a member under clause (c) of sub-rule (6) or ceasing to be employed in the establishment or in the event of his resignation, death or otherwise, his successor shall be chosen in accordance with the provisions of this rule from the same group to which the member vacating the seat belonged.
- (8) Power to co-opt.:— The Works Committee shall have the right to co-opt in a consultative capacity, persons employed in the industrial establishment having particular or special knowledge of a matter under discussion. Provided that co-opted member should be appointed after discussion with the representatives of employer and employees unanimously. Such co-opted member shall not be entitled to vote and shall be present at meetings only for the period during which the particular question is before the Works Committee.
(9) Meetings:—
- (a) The Works Committee may meet as often as necessary. Provided that the workers’ committee shall meet at least twice in a year.
- (b) The Works Committee shall at its first meeting regulate its own procedure.
(10) Facilities for meeting: —
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(a) The employer shall provide venue for holding meetings of the Works Committee. He shall also provide all necessary facilities to the Works Committee and to the members thereof for carrying out the work of the Works Committee. The Works Committee shall ordinarily meet during working hours of the industrial establishment concerned on any working day and the representative of the workers’ shall be deemed to be on duty while attending the meeting.
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(b) The Secretary of the Works Committee may with the prior concurrence of the Chairman, put up notice regarding the work/ agenda of the Works Committee on the notice board of the industrial establishment.
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(11) Dissolution of works committee.— The Administration, or where the power under section 3 has been delegated to any officer or authority under Section 100, such officer or authority may, after making such inquiry as it or he or she may deem fit, dissolve any Works Committee at any time, by an order in writing, if he or she is satisfied that the Committee has not been constituted in accordance with these Rules or that not less than two- thirds of the numbers of representatives of the workmen have, without any reasonable justification, failed to attend three consecutive meetings of the Committee or that the Committee has, for any other reason, ceased to function: Provided that where a Works Committee is dissolved under this Rule, the employer may, and if so, required by the Administration or, as the case may be, within six months by such officer or authority, shall take steps to re-constitute the Committee in accordance with these rules.
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- Manner of choosing members from the employers and the workers for Grievance Redressal Committee under sub-section (2) of section 4:—
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(1)The Grievance Redressal Committee shall consist of equal number of members representing the employer and the workers, which shall not exceed ten.
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(2) The representatives of the employer shall be nominated by the employer and shall, as far as may be possible, be officials in direct touch with or associated with the working of the industrial establishment, preferably the heads of major departments of the industrial establishment.
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(3) Where any workers of the industrial establishment are members of a registered Trade Union, the employer shall ask such Trade Union to inform him in writing as to –How many of the workers :-
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(a) are members of such Trade Union; and
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(b) Where an employer has reason to believe that the information furnished to him under clause (a) by the registered Trade Union is false, he may, after informing such Trade Union, refer the matter to the Labour Commissioner/Deputy Labour Commissioner Union territory of Ladakh who shall, after hearing the parties, shall decide the matter and his decision thereon shall be final.
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(4) The representatives of the workers shall be chosen by the registered Trade Union and where a negotiating Council exists, such representatives shall be chosen in the same proportion as the Trade Unions respectively represents in the negotiating Council. In case where there is no registered Trade union or negotiating Council, the member may be chosen by the workers of the establishment: Provided that there shall be adequate representation of women workers in the Grievance Redressal Committee and such representation shall not be less than the proportion of women workers to the total workers employed in the industrial establishment. Provided further that the tenure of the members of the Grievance Redressal Committee shall be coterminous with the tenure of the members of the registered Trade Union. Provided further that in the absence of registered Trade Union, the tenure of members of Grievance Redressal Committee shall be for a period of three years. 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 shall be submitted in writing either in hard copy or electronically or otherwise. The Grievance may be raised within one year from the date on which the cause of action of such dispute arises.
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- 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 to the Conciliation Officer within the period of sixty days from the date of the decision of the Grievance Redressal Committee or from the date on which the period specified in sub section (6) of section 4 expires, as the case may be, to the Conciliation Officer through the Trade Union, of which he is a member or directly if he is not a member of any Trade union.
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- Registrar of Trade Unions under section 5: —
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- Payment of subscription under clause (f) of section 7:—
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(i) The payment of a subscription shall be from ordinary as well as honorary members of the Trade Union;
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(2) The ordinary as well as honorary members of the Trade Union along with any of the citizen of India living in any part of the country can donate towards the general fund of the union electronically or through crossed cheque or draft payable to the Union;
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- Safe Custody of the funds of the Trade Union and Annual audit under clause (j) of section 7: —
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(1) The funds of the registered Trade Union shall be deposited in any scheduled bank in the name of the Union:
Provided that 2% of the total funds available with the Union shall be kept at the disposal of the two executive members i.e. President, and Secretary for meeting any exigency pertaining to the routine affairs of the said union.
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(2) Auditors.—The annual audit of the accounts of any registered Trade Union shall be conducted by an Auditor authorised to audit the accounts of companies under section 139 and 14 of Companies Act, 2013. Exception .—Notwithstanding anything contained in these Rules, no person, who, at any time during the year, was entrusted with any part of the funds or securities belonging to the Trade Union shall be eligible to audit the accounts of the Trade Union.
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(3) Audit of funds.—The Auditor or Auditors appointed in accordance with these Rules shall be given access to all the books of the Trade Union and shall verify the annual return with the accounts and vouchers relating thereto and shall thereafter sign the auditor's declaration appended in (Form-II), indicating separately on that Form under his signature or their signatures a statement showing in what respect he or they find the return to be incorrect, unvouched or not in accordance with the Act/Code. The particulars given in this statement shall indicate :—
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(a) every payment which appears to be unauthorised by the Rules of Trade Union or contrary to the provisions of the-Code;
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(b) the amount of any deficiency or loss which appears to have been incurred by the negligence or misconduct of any person; and
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(c) the amount of any sum which ought to have been but is not brought to account by any person.
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(4) Audit of separate fund to be constituted under sub-section (2) of section 15. The audit of the separate fund of a registered Trade Union shall be carried out with the audit of the general account of the Trade Union by the same Auditor or Auditors.
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- Declaration to be made by an affidavit under clause (a) of sub-section (1) of section 8:— Every application under section 8 for registration of a Trade Union shall be accompanied by a declaration to be made by an affidavit in (Form-III) along with fee payable on registration of a Trade Union as notified by Administration from time to time.
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- Assets and Liabilities of the Trade Unions under sub-section (2) of section 8:— Where a Trade Union has been in existence for more than one year before the making of an application for its registration, there shall be delivered to the Registrar, together with the application, a general statement of assets and liabilities of the Trade Union prepared in (Form-II) annexed to these rules.
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- Register of Trade Union under sub-section (1) and sub-section (3) of section 9:— The Register of Trade Unions as referred to above shall be maintained in (Form IV).
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- Certificate of Registration:— (1) The Certificate of Registration issued by the Registrar under sub-section (2) of section 9 shall be in (Form-V).
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- Cancellation/Withdrawal of Registration under sub-section (5) of section 9:—
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(1) The Registrar on receiving an application for the cancellation/withdrawal of registration shall, before granting the approval, satisfy himself that the withdrawal or cancellation of registrations was approved by the general body meeting of the Trade Union, or if it was not so approved, that it has the approval of the majority of the members of the Trade Union. For this purpose, he may call for such further particulars, as he may deem necessary and may examine any officer of the Union.
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(2) The Registrar can also cancel the registration of Trade Union on receiving the information under sub section 5(ii) of section 9 regarding contravention by the Trade Union of the provisions of this Code.
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- Appeal under sub-section (1) of section 10.:— Any appeal made under sub-section (1) of section 10 of the code must be filed within sixty days of the date on which the Registrar passed the order against which the appeal is made.
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- Communications and Notices to a Registered Trade Union under sub- section (1) of section 11: — All the communications and notices to a registered Trade Union shall be sent electronically or through registered post or speed post, or manually under proper receipt.
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- Change in the particulars as per sub-section (3) of section 11: — The Trade Union shall inform the Registrar of any change in the particulars given in the application for registration and in its constitution or rules electronically or through registered post or speed post, or manually under proper receipt.
- (1). Matters to be negotiated by a negotiating Union or negotiating Counsel in an industrial establishment under sub-section (1) of section 14:— (1) There shall be a negotiating Union or negotiating Counsel as the case may be in an industrial establishment having registered Trade Union for negotiating with the employer of the industrial establishment on the following matters :—
- (a) Classification of workers, whether permanent, temporary, apprentices, probationers, or fixed term employment;
- (b) Manner of intimating to workers the periods and hours of work, holidays, pay-days and wage rates;
- (c) Shift working;
- (d) Attendance and late coming;
- (e) Conditions of, procedure in applying for, and the authority which may grant leave and holidays
- (f) Requirement to enter premises by certain gates, and liability to search;
- (g) Closing and reporting of Sections of the industrial establishment, temporary stoppages of work and the rights and liabilities of the employer and workers arising there-from;
- (h) Termination of employment, and the notice thereof to be given by employer and workers;
- (i) Suspension or dismissal for misconduct, and acts or omissions which constitute misconduct;
- (j) Means of redress for workers against unfair treatment or wrongful exactions by the employer or his agents or servants;
- (k) Any other matter which may be specified by the appropriate Government by notification:-
(1) Criteria to recognize Trade Union as sole negotiating Union of the workers under sub-section (2) of section 14:— Where only one Trade Union of workers registered under the provisions of this Code is functioning in an industrial establishment, then, the employer of such industrial establishment shall recognize such Trade Union as sole negotiating Union of the workers subject to the criterion that Trade Union should have minimum thirty per cent or more workers of the total employees of the industrial establishment as its member as verified by a committee consisting of equal number of members from the management of establishment and the members of the registered Trade Unions functioning in that establishment. (2)Verification of a Trade Union by the employer of the industrial establishment under sub-section (3) and sub-section (4) of section 14:—
- (a) If more than one Trade Union of workers registered under this Code are functioning in an industrial establishment, then, the Trade Union having fifty-one per cent or more workers on the muster roll of that industrial establishment, after duly verified by a committee consisting of equal number of members from the management of establishment and the members of the registered Trade Unions functioning in that establishment, then such Trade Union shall be recognized by the employer of the industrial establishment, as the sole negotiating union of the workers;
- (b). If after verification as mentioned in clause (a), it is established that no such Trade Union has fifty-one per cent or more of workers on the muster roll of that industrial establishment, then, there shall be constituted by the employer of the industrial establishment, a negotiating Council for negotiation on the matters referred to in sub- rule (1) consisting of the representatives of such registered Trade Unions which have the support of not less than twenty per cent of the total workers on the muster roll of that industrial establishment so verified and such representation shall be of one representative for each twenty per cent and for the remainder after calculating the membership on each twenty per cent. Provided that an employee can be a member to only one Trade Union at a particular time. (3) Facilities to be provided by the Industrial Establishment under sub section 7 of section 14— The industrial establishment shall provide following facilities to a negotiating union or negotiating council :—
- a. Office accommodation either inside or outside the company premises;
- b. May declare the executive members of the negotiating Trade Union and members of the negotiating Council as protected workers.
- Utilization of the general funds of a Trade Union under sub-section (1) of section 15:— The general funds of a registered Trade Union shall not be spent on any objects other than specified below—
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(a) the payment of salaries, allowances and expenses to office bearers of the Trade Union;
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(c) the prosecution or defence of any legal proceeding to which the Trade Union or any member thereof is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the Trade Union as such or any rights arising out of the relations of any member with his employer or with a person whom the member employs;
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(d) the conduct of trade disputes on behalf of the Trade Union or any member thereof;
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(e) the compensation of members for loss arising out of trade disputes;
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(f) allowances to members or their dependants on account of death, old age, sickness, accidents or unemployment of such members;
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(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; (2)No member shall be compelled to contribute to the fund constituted under subrule (1) and a member who does not contribute to the said fund shall not be excluded from any benefits of the Trade Union, or placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the Trade Union (except in relation to the control or management of the said fund) by reason of his not contributing to the said fund and contribution to the said fund shall not be made a condition for admission to the Trade Union.
- Application for adjudication before Industrial Tribunal under sub-section (1) of section 22. :- A registered Trade Union shall apply in writing for adjudication before Industrial Tribunal with regard to any trade dispute for its determination under the provisions of this code in person or through authorized representatives of the Trade Union within a period of sixty days from occurrence of such dispute.
- Manner of Amalgamation of Trade Unions under sub section (2) of section 24 :— (1) Any two or more registered Trade Unions may become amalgamated together as one Trade Union with or without dissolution or division of the funds of such Trade Unions or either or any of them, provided that the votes of at least one half of the members of each or every such Trade Union entitled to vote are recorded, and that at least sixty per cent of the votes recorded are in favour of the proposal. (3) The Registrar of the State in which the head office of the amalgamated Trade Union is situated shall, if he is satisfied that the provisions of this Act in respect of amalgamation have been complied with and that the Trade Union formed thereby is entitled to registration under section 6, register the Trade Union in the manner provided in section 6, and the amalgamation shall have effect from the date of such registration. (5) An amalgamation of two or more registered Trade Unions shall not prejudice any right of any of such Trade Unions or any right of a creditor of any of them.
CHAPTER IV
STANDING ORDERS
- Manner of forwarding information to certifying officer under Sub section (2) of section 30:— (1) If the employer adopts the model standing order of the Central Government referred to in section 29 with respect to matters relevant to his industrial establishment or undertaking, then, he shall intimate the concerned certifying officer electronically or otherwise, the specific date from which the provisions of the model standing order which are relevant to his establishment have been adopted.
- Manner of authentication of certified standing orders under sub-section (8) of section 30:— The standing orders or modification in the standing orders, certified in pursuance of sub-section (8) of section 30 or the copies of the order of the appellate authority under sub-section (l) of section 33 shall be authenticated by the certifying officer or the appellate authority, as the case may be, and shall be sent electronically or otherwise within a week to all concerned, but there shall not be any requirement of certification in cases of deemed certification under sub-section (3) of section 30 and in cases where the employer has certified adoption of model
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- Statement to be accompanied with draft standing orders under sub – section (9) of section 30:— A statement to be accompanied with:-
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(i) draft standing order shall contain, the particulars such as name of the industrial establishment or undertaking concerned, address, e-mail address, contact number and strength and details of workers employed therein including particulars of trade union to which such workers belong; and Provided that the joint draft standing orders, in cases of group of employers engaged in similar industrial establishments, will be drafted and submitted to the Labour Commissioner, Union Territory of Ladakh who shall, in consultation with the certifying officers concerned, certify or refuse to certify the said joint draft standing order, after recording reasons therefor.
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(2)The appellate authority shall, after giving the appellant and the opposite parties an opportunity of being heard, pass an order within sixty days of the filing of appeal, either confirming the standing orders or directing the employer to modify the standing orders.
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(3) Where the appellate authority does not confirm the standing orders, it shall fix a date for the hearing of the appeal and direct notice thereof to be given-
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(a) Where the appeal is filed by the employer or a worker, to Trade Union of the workers of the industrial establishment or to the representative body of the workers concerned;
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(b)where the appeal is filed by a Trade Union, to the employer and all other trade unions of the workers of the industrial establishment; and
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(c) where the appeal is filed by the representative of the workers, to the employer and any other worker whom the appellate authority joins as a party to the appeal.
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(4) The appellant shall furnish each of the respondents with a copy of the memorandum of appeal.
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(5)The appellate authority may, at any stage of the proceedings, call for any evidence, if it considers necessary for the disposal of the appeal.
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(6) On the date fixed under sub-rule (3) for the hearing of the appeal, the appellate authority shall take such evidence as it may have called or consider to be relevant if produced and after hearing the parties dispose of the appeal.
- The language and the manner of maintaining standing order under sub- section (1) and (2) of section 33:— (I) The standing order finally certified by certifying officer shall be sent electronically except in the case of deemed certification under section 30. (2) The text of the standing order as finally certified or deemed to have been certified or adopted model standing order under this Chapter shall be maintained by the employer in Hindi or in English and in the official language of the Union territory of Ladakh where the industrial establishment is situated.
- (a) the unique number assigned to each standing order;
- (d) date of certification or deemed certification or date of adoption of model standing order by each of the establishments or undertakings;
- (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.
CHAPTER V
- The manner of giving of notice for change proposed to be effected under clause(i) of section 40:— (1) Any employer intending to effect any change in the conditions of service applicable to any worker in respect of any matter specified in the Third Schedule to the Code, shall give notice in Form-VI to such worker(s) affected by such change. (2) The notice referred to in sub-rule (1) shall be displayed conspicuously by the employer on the notice board at the main entrance of the industrial establishment and the office of the Manager concerned of the industrial establishment:
CHAPTER VI
- Form of arbitration agreement and the manner thereof under sub-sections (3) of section 42: — (1) Where the employer and workers agree to refer the dispute to arbitration, the Arbitration Agreement shall be in Form-VII and shall be signed by the parties to the agreement. The agreement shall be accompanied by the consent in writing or electronically of Arbitrator or Arbitrators.
- (a) In case of an employer, by the employer himself, or when the employer is an incorporated company or other body corporate, by the agent, manager, or other officer of the corporation authorized for such purposes;
- (c) the Secretary (including the General Secretary);
- Terms and conditions of service of the office of the Judicial Member of the Tribunal constituted by the Administration under Sub-section (1) of section 44.:—
- (a) he is a serving Judge of High Court; or
- (3) The Administration shall fill vacancy under sub-section (9) of section 44 in Industrial Tribunal arising out of retirement, transfer, dismissal or any other reason in accordance with these rules.
- Manner of holding conciliation proceedings under sub-section (1), full report under sub-section (4), and application and the manner of deciding such application under sub-section (6) of section 53:—(1) Where the Conciliation Officer receives any information about an existing or apprehended industrial dispute and he considers it necessary to intervene in the dispute, he shall give formal intimation to the parties concerned declaring his intention to commence conciliation proceedings with effect from such date as may be specified therein. The conciliation Officer shall send to the opposite party concerned a copy of the statement received, as the case may be, who shall file its rejoinder with the Conciliation Officer within a period of one week of its receipt: Provided that the Conciliation Officer may when he considers necessary extend the time limit for the filing of the rejoinder by any party.
- (c) The statement of demands submitted by the party representing the workmen, or in the case of individual workman by the workman himself along with a copy of the rejoinder shall be transmitted to the Administration by the Conciliation Officer concerned with his report.
- (d)Where an employer, or the party representing the workmen, or in the case of individual workman, the workman himself applies to the Administration for reference of an industrial dispute to a Labour Court or Tribunal, such application shall be accompanied by a statement of the demands or matters in dispute with as many spare copies thereof as there are opposite parties.
- (e) The statement and every copy thereof required under the said sub-rules to accompany the said statement shall be duly signed, on behalf of the party, by the person making it.
(6) Where the Tribunal finds that the party raising the dispute, despite its directions, did not forward the copy of the statement of claim and other documents to the opposite party or parties, it shall give directions to the party concerned to furnish the copy of the statement to the opposite party or parties, granting extension of fifteen days for filing the statement, if the Tribunal finds sufficient cause for not filing the statement of claim and other documents within time. (9) The Tribunal shall not ordinarily grant an adjournment for a period exceeding a week at a time, but not in any case more than three adjournments in all, at the instance of the parties to the dispute, shall be granted: Provided that the Tribunal for reasons to be recorded in writing, grant an adjournment exceeding a week at a time, but not in any case more than three adjournments, at the instance of any one of the parties to the dispute, shall be granted. (11) The Tribunal shall communicate its award electronically to the parties concerned and the Administration within one month from the date of the pronouncement of the award.
- (12) The Tribunal may summon and examine any person whose evidence appears to it to be material for deciding the case and shall be deemed to be a civil court within the meaning of sections 384, 385 and 387 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) 2023.
- (13) Where assessors are appointed to advise a Tribunal under sub-section (5) of section 49 in relation to proceedings before it, the Tribunal shall obtain the advice of such assessors, but such advice shall not be binding on such Tribunal.
- (14) A party in an award, who wants to obtain a copy of the award or other document, may obtain a copy of the award or other document after depositing the fee electronically in the Tribunal in the following manner, namely:-
- (a) fee for obtaining a copy or a certified copy of an award or the document filed in any proceedings of Tribunal be charged at the rate of rupees Two per page.
- (b) Copying and certifying fees shall be paid electronically.
- (c) The Tribunal on receipt of application for obtaining any copy or certified copy as referred to in sub rule (a) shall furnish the same within a period of 7 days.
CHAPTER VIII
(2) If the employer of an industrial establishment receives from any person employed by him any notice of strike as referred to in sub-section (1) of section 62, then he shall within five days from the date of receiving of such notice, intimate the same electronically or otherwise to the Assistant Labour Commissioner-cum-Conciliation Officer, Labour Commissioner/Deputy Labour Commissioner Union Territory of Ladakh.
- 47. Manner of giving an opportunity for re-employment to the retrenched workers under Section 72:— Where any vacancy occurs in an and 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 fifteen days before by registered post or speed post and through e-mail 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.
CHAPTER X
SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND CLOSURE IN CERTAIN ESTABLISHMENTS.
- 49. Manner of making application to Administration by the employer for the intended lay-off and the manner of serving copy of such application to workers under sub- section ( 2) of section 78.:— An application for permission under sub-section (I) of section 78 shall be made by the employer in Form XIV stating clearly therein the reasons for the intended lay off and a copy of such application shall be served simultaneously to the worker concerned electronically and by registered post or speed post. Such application shall also be displayed conspicuously by the employer on a notice board or on electronic board at the main entrance of the industrial establishment.
- Time-limit for review under sub-section (7) of section 78:—The Administration 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 of the section 78 within a period of two months from the date on which such order is made.
- Manner of making application to Administration by the employer for the intended retrenchment and manner of serving copy of such application to workers under sub-section (2) of section 79:— (1) An application for permission referred to in sub- section (1) of section 79 shall be made by the employer in Form XIV stating clearly therein the reasons for the intended retrenchment electronically and a copy of such application shall also be sent to workers electronically and by registered post or speed post. Such application shall also be displayed conspicuously by the employer on a notice board or on electronic board at the main entrance to the industrial establishment. (2) Time-limit for review under sub-section (6) of section 79.-The Administration may, either on its own motion or on the application made by the employer or any worker, review its order granting or refusing to grant permission under sub-section (3) of section 79 within a period of thirty days from the date on which such orders is made. (2) Time-limit for review under sub-section (5) of section 80.- The Administration 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. The employer shall also submit the list containing the name of each worker retrenched, the amount equivalent to fifteen days of wages last drawn in respect of each worker along with their bank account details to enable the Administration of Union Territory of Ladakh to transfer the amount in their respective accounts.
OFFENCES AND PENALTIES
- Officer for holding enquiry:— For the purpose of Section 85 (1), the Administration may, by notification, appoint any officer not below the rank of Under Secretary or an officer of equivalent rank in the Administration of Union territory of Ladakh, as the officer appointed for holding enquiry within his jurisdiction.
- (1) Manner of composition of offence by a Gazetted Officer specified under sub-section (1) of section 89 and the manner of making application for the compounding of an offence specified under sub-section (4) of section 89.- (1) The officer notified by Administration for the purposes of compounding of offences under sub- section (1) of section 89(hereinafter referred to as the compounding officer), shall in the offences in which prosecution is not instituted, if the compounding officer is of the opinion that any offence under the Code for which the compounding is permissible under section 89, he shall send a notice electronically or otherwise to the accused in Form XV consisting of three parts. In Part I of such Form, the compounding officer shall inter-alia specify the name of the offender and his other particulars, the detail’s of the offence and in which section the offence has been committed, the compounding amount required to be paid towards the composition of the offence. Part II of the Form shall specify the consequences, if the offence is not compounded and Part III of the Form shall contain the application to be filed by the accused, if he desires to compound the offence. Each notice shall have a continuous unique number containing alphabets or numeric and other details such as officer sending notice, year, place, type of inspection for the purpose of easy identification.
- (4) If the accused complies with the requirement of sub-rule (2), the compounding officer shall compound the offence for the amount of money deposited by the accused and:-
- (b) if the offence is compounded after institution of prosecution under sub -rule (3) with the permission of the Court, then, the compounding officer shall treat the case as closed as if no prosecution had been launched and will proceed in accordance with composition under clause (a) and intimate the composition of offence to the competent Court in which the prosecution is pending and after receiving such intimation, the Court shall discharge the accused and close the prosecution.
CHAPTER XIII
MISCELLNEOUS
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- (1) Every registered Trade Union connected with an industrial establishment to which the Code applies in the Union Territory of Ladakh shall, before the 30th day of April of every year, communicate to the employer the names and addresses of such officers of the Trade Union who are employed in that establishment and who, in the opinion of the Trade Union, should be recognised as protected workers for the purposes of section 90 of the Code. Any change in the incumbency of any such officer shall be communicated by the Trade Union to the employer within fifteen days of such change.
- (2) The employer shall, subject to sub-sections (3) and (4) of section 90 of the Code, recognise such workers as protected workers and shall communicate to the concerned Trade Union, in writing and within fifteen days of receipt of the communication under sub-rule (1), the list of workers recognised as protected workers for a period of twelve months from the date of such communication.
- (3) Where the total number of names received by the employer under sub-rule (1) exceeds the maximum number of protected workers admissible for the industrial establishment under sub-section (4) of section 90 of the Code, the employer shall recognise as protected workers only such maximum number. Provided that, where there is more than one registered Trade Union connected with the industrial establishment, the maximum number of protected workers shall be distributed by the employer among such Trade Unions in proportion, as far as practicable, to the membership strength of each Trade Union. The employer shall, in such case, intimate in writing to the President or the Secretary of each concerned Trade Union, the number of protected workers allotted to it. Provided further that, where the number of protected workers so allotted to a Trade Union is less than the number of its officers seeking recognition as protected workers, the Trade Union shall be entitled to select the officers to be recognised as protected workers and shall communicate such selection to the employer within five days of receipt of the employer’s intimation.
- (4) Where any dispute arises between an employer and a registered Trade Union in any matter connected with the recognition of protected workers under this rule, such dispute shall be referred to the Deputy Labour Commissioner / Assistant Labour Commissioner having jurisdiction, whose decision thereon shall be final.
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Manner of authorization of worker for representing in any proceeding under sub- section (1) of section 94: —Where the worker is not a member of any Trade Union, then, any member of the executive or other office-bearer of any Trade Union connected with or by any other worker employed in the industry in which
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Manner of authorization of employer for representing in any proceeding under sub- section (2) of section 94:— Where the employer, is not a member of any association of employers, may authorize in Form VIII an officer of any association of employers connected with, or by any other employer engaged in, the industry in which the employer is engaged to represent him in any proceeding under the Code relating to a dispute in which the employer is a party.
FORM I
(See rule 3)
Representing workers; Short recital of the case Signature of the parties
- 2. Address of the Union
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- Registered Head Office
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- Classification of Industry (to be shown as per Schedule of Industries attached)
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- Name of the All India Body/Federation to which affiliated
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- Affiliation number
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- No. of the members on books at the end of the year (i.e. on 31st March, 20 ) Male Female Total Note. (1) If the Federation falls under more than one category, the membership claim in each category may be shown, separately.
Part B
Statement of Liabilities and Assets of the 31st Day on March, 20.
| Liabilities | Rs. | Ps. | Assets | Rs. Ps. | | --- | --- | --- | --- | --- | | Amount of general fund | | | Cash - | | | Amount of political fund | | | In hands of Treasurer | | | | | | | --- | --- | --- | | Loans From | In hands of Secretary In hands of | | | | In the Bank | | | | In the Bank | | | | Securities as per list Below | | | Un-paid subscription due for | | | | * (a) the year | | | | * (b) previous year | | | | Loans to- | | | | (a) Officers | | | | (b) members | | | | (c) others | | | | Debts due to- | | | | Other liabilities (to be specified) | Immovable property | | | | Goods and Furniture | | | | Other assets (to be specified) | | | Total liabilities | | Total liabilities | GENERAL FUND ACCOUNT
| Particulars | Face Value | Cost Price | Market price at date on which accounts have been made up | In hands of | | --- | --- | --- | --- | --- | | | | | | | | Income | Expenditure | | | Treasury | | Rs | | Ps | | Rs | Ps | | Balance at the beginning of the year | Salaries, allowance and expenses of Officers Travelling | | | | | Subscription from the members (including unpaid subscription due for the year) | allowance, salaries, allowances and expenses of establishment | | | | | | Auditors fees | | | | | a) Subscriptions received | Legal expenses | | | | | (b) Subscription in arrears for three months or less | Expenses in conducting trade dispute | | | | | c) Subscription in arrears for more than three months | Compensation paid to members for loss arising out of trade disputes | | | | | | Funeral, old age, sickness, unemployment benefits etc. | | | | | Donations | Educational, Social and religious benefits | | | | | Sale of periodicals, books, rules, etc. | Cost of publishing Periodicals | | | | | Interest on investments | Rents, rates and taxes, Stationery, Printing and postage | | | | | Income from Miscellaneous sources (to be specified) | Expenses incurred under section 15 of the Industrial Relations Code, 2020 (to be specified) | | | | | Total | Other expenses (to be specified) | | | | | Balance at the end of year Total at | | | | |
Political Fund Account
Balance Sheet
| Rs. | | Rs. Ps. | | | --- | --- | --- | --- | | Balance at the beginning of year | Payments made on objects specified in section 15 of the Industrial Relations Code, 2020 (to be specified) | | | | | Contribution from members at per member | Expenses of management (to be fully specified) Balance at end of the year | The following changes of [office bearers] have been made during the year.
[officer bearers] Relinquishing Office
| Name of (Office bearer) | Date of relinquishing office | | --- | --- | | | | | Name | Date of birth | Private address | Personal occupation | Title or position held in the Trade Union | Date on which appointment in column 5 was taken up | Other offices held in addition to membership of executive with date | | --- | --- | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | | | | | | | | Date of next election of office bearers President or General Secretary
FORM III
(See rule 11)
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- The particulars required by section 8 (1) of Industrial Relations Code, 2020 are given in Schedule I.
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- The particulars given in Schedule II show the provision made in the rules for the matters detailed in section 8 (1)(b) of Industrial Relations Code,2020.
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- To be struck out in the case of unions which have not been in existence for one year before the date of application. The particulars required by section 8 (2) of the Industrial Relations Code, 2020 are given in Schedule III.
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- We have been duly authorised to make this application by* | Serial No. | Signature | Occupation | Address | | --- | --- | --- | --- | | 1. | | | | | 2. | | | | | 3. | | | | | 4. | | | | | 5. | | | | | 6. | | | | | 7. | | | | State whether the authority was given by a resolution of a general meeting of the Union if not in what other way it as given. Trade Unions, Union territory of Ladakh. | Serial No. | Title | Name | Age | Address | Occupation | | --- | --- | --- | --- | --- | --- | The numbers of the rules making provision for the several matters detailed in column 1 are given in column 2 below:- | Serial No. | Matter | Number of rules | | --- | --- | --- | | 1. | Name of union | | | 2. | The whole of the subjects for which the union has been established | | | 3. | The whole of the purposes for which the general funds of the union shall be applicable | | | 4. | The maintenance of a list of members | | | 5. | The facilities provided for the inspection of the list of members by [office bearers] and members | | | 6. | The admission of ordinary members | | | 7. | The admission of honorary or temporary members | | | 8. | The conditions under which members are entitled to benefits assured by the rules | | | 9. | The conditions under which fines or forfeitures can be imposed or varied | | | 10. | The manner in which the rules shall be amended, varied or reminded | | | 11. | The manner in which the members of the executive and the other [Office bearers] of the union shall be appointed and removed | | | 12. | The safe custody of the funds | | | 13. | The annual audit of the accounts | | | 14. | The facilities for the inspection of the account books by officers and members | | | 15. | The manner in which the union may be dissolved | | | 16. | The procedure for declaring a strike | | Rs. A.P.
Amount of general Fund In hands of Treasurer Amount of political fund Loan from- In hands of In the Bank Unpaid subscriptions due Loans to- 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 | | 1. | | | | | 2. | | | |
FORM IV
(See rule 13) Number of application form List of members applying for registration
| Serial No. | Officer | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | | Name of Union | Year of entering office | Name | Age on entry | Address | Occupation | Year of relinquishing office | Other Offices held In addition to membership of Executive with dates | | Address of Head Office | | | | | | | | | Date of Registration | | | | | | | | | 1. | | | | | | | | | 2. | | | | | | | | | 3. | | | | | | | | | 4. | | | | | | | | | 5. | | | | | | | | | 6. | | | | | | | | | 7. | | | | | | | | No. It is hereby certified that _______________ has been registered under the Industrial Relations Code, 2026, on this __ day of ___________ 20 Registrar of Trade Unions Address................................................................................................................................................................................................................................................................ Dated the ...........................................day of ........................................... 20.................. In accordance with section 40(1) of Industrial Relation code I/We hereby give notice to all concerned that it is my/our intention to effect the change/changes specified in the annexure, with effect from ............ in the conditions of service applicable to workers in respect of the matters specified in the Third Schedule to this code.
ANNEXURE
................................................................................................................................................................................................................................................................ And ......................[here specify the name(s) and address(es) of the arbitrator (s). Signature of the parties Representing employer/Representing worker/workers.
- 2. ................................................................................................................................................................................................................................................................ Copy to:
- (iii) The Labour Commissioner, Union territory of Ladakh. (See rule 40 rule 59 and rule 60) Before the Authority (Here mentions the authority concerned) ........................................................................... workers Versus.............................................................................................................Employer I/we hereby authorize Shri/Sarvashri (if representatives are more than one) 1................2................3............................................to represent me/us in the Above matter. Dated this.....................day of.....................20..................... Place Date Before ............. (here mention the name of the Tribunal having jurisdiction over the area) In the matter of: Address................................................................................................................................................................................................................................................................ (Notice of Strike to be given by Union (Name of Union)/ Group of Workers) Name of five elected representatives of workers............................................ Dated the................day of................20................ Statement of the case on (date), vide resolution attached.]
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- Conciliation Officer, Union territory of Ladakh. (Notice of Lock-out to be given by an employer of an industrial establishment) In accordance with the provisions of 62(6) of this code, I/we hereby give notice to all concerned that it is my/our intention to effect lock out in.,...........................................................................department(s), section(s) of my/our establishment with effect from....................................................................for the reasons explained in the annexure. Signature..................................................................................... Designation...........................................................................ANNEXURE | 1. | Statement of reasons | | --- | --- |
- (3) Labour Commissioner/Deputy Labour Commissioner Union territory of Ladakh
- (4) The Secretary Labour, Administration of Union territory of Ladakh.
Form XIII
[In cases of Part I, the prior notice of intimation should be served thirty days before the commencement of retrenchment and in cases of Part II, i.e., closure, prior notice of intimation of sixty days is required to be given before the commencement of closure] Address................................................................................................................................................................................................................................................................ To, The Secretary Labour, Administration of Union territory Ladakh Department of Labour, Union territory of Ladakh. Sir,
Part I (Retrenchment)
ANNEXURE I
(Only for statistical purpose) Sir, Reasons for lay-off/retrenchment/Closure (strike out whichever is not applicable)-
| Total no. of workers/ no. of to be retrenched | Unskilled (total no. of workers/to be retrenched) | Semi-skilled (total no. of workers/ to be retrenched) | Skilled (total no. of workers/to be retrenched) | Highly skilled (total no. of workers/ to be retrenched) | | --- | --- | --- | --- | --- | | 1 | | | | | | 2 | Reasons for lay-off/retrenchment/Closure (strike out whichever is not applicable)- | | | |
ANNEXURE II
Particulars
| Particulars | Remarks, if any | | --- | --- | | 1 • Name of the industrial establishment/ undertaking with complete postal address along with Pin Code, e-mail, telephone number(s). | | | 2 • Status of undertaking— (i) Whether State Public sector/State public sector/Foreign majority company /joint sector company, etc., (In case of foreign holding company then indicate the extent of foreign holding) | Indicate the status of the company | | (ii) Whether a private limited company/ partnership/ firm or proprietorship firm | | | 3 • (a) MCA number (b) GSTN number (c) Registration number of the labour department | | The identification number UAN of EPFO under SS Code.
| 4 | (a) *Names and identification number of the affected workers proposed to be laid-off/retrenched/ to be affected by closure. | The identification number UAN of EPFO under SS Code. | | --- | --- | --- | | 5 | (i) Annual production, item wise for pre-ceding three years- (ii) Production figures, month-wise, for the preceding twelve months, | | | 6 | Balance sheets, profit and loss accounts and audit reports for the last three years. | | To be annexed | | 7 | Net worth of the company | | | 8 | Names of the inter-connected companies or companies under the same management. | | | 9 | Details of lay-off/ Retrenchment resorted to in the last three years (other than the lay-off/ Retrenchment for which permission is sought), including the periods of such lay-offs/ Retrenchment the number of workmen involved in each such lay-off/ Retrenchment / continuation of lay off | | | 10 | Any other relevant details which have bearing on lay-off or ret | | Notice to the Employer who committed an offence for the first time under this code, for compounding of offence under sub-section (4) of section 89, The undersigned and the Compounding Officer under sub-section 1 of section 89 of the Industrial Relation Code, 2020 hereby intimates that the allegation has been made against you for committing offence for the violation of various provision of this Code as per the details given below;-
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- Name and Address of the offender Employer-
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- Address of the Establishment................................................................................................................................................................................................................................................................ (Signature of the Compounding Officer) Place:
PART –III
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- Name of applicant (name of the employer who committed the offence under the Industrial Relation Code 2020 to be mentioned.………………………………………
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- Address of the applicant................................................................................................................................................................................................................................................................
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- Details of the compounding amount deposited (electronically generatedreceipt to be attached)................................................................................................................................................................................................................................................................................................................................................................................................................................................................
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- Details of the prosecution, if filed for the violation of above mentioned offences may be given.................................................. (Name and signature) {See rule 58 (1)} In the matter of:- Complainant(s);
- B. Complainant(s) Verification:- I do solemnly declare that what is stated in paragraph...........above is true Signature or Thumb impression of the person verifying
