Madhya Pradesh Industrial Relations Rules, 2026
Full text and citation for Madhya Pradesh's rules under the Industrial Relations Code, 2020, parsed verbatim from the official gazette PDF. Use the source PDF for reliance.
Full rule text
GOVERNMENT OF MADHYA PRADESH BHOPAL, the....................2025
- 3. The Madhya Pradesh Industrial Employment (Standing Orders) Rules, 1963 Objections and suggestions, if any, may be addressed to Deputy Secretary to the Government of Madhya Pradesh, Department of Labour, Mantralaya, Vallabh Bhawan, Bhopal or by email to- pslabour@mp.gov.in. Objections and suggestions, which may be received from any person or organization with respect to the said draft rules before expiry of the period specified above, will be considered by Government, namely:-
CHAPTER - I
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- Short title, application and commencement-(i) These rules may be called The Madhya Pradesh Industrial Relation Rules, 2026.
- (iii) They shall come into force on the date of their publication in the Official Gazette of Madhya Pradesh.
- (c) "electronically" means any information submitted by email or uploading on the designated portal or digital payment in any mode for the purpose of Code;
- (2) The words and expressions used in these rules which are not defined therein, but are defined in the Code, shall have the same meaning as assigned to them respectively in the Code.
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- Written Agreement for the settlement before the Conciliation Officer under clause (zi) of Section 2. - The Agreement under clause (zi) of Section 2 for written agreement between the employer and worker shall be in the form specified in Form-I and shall be signed by the parties in the agreement and a copy thereof shall be sent to the concerned Conciliation Officer.
CHAPTERII
(2) The number of members constituting the Committee shall be fixed so as to afford representation to the various categories, groups and class of workers engaged in, and to the sections, shops or departments of the establishment: Provided that the total number of members of the Works Committee shall not exceed twenty: Provided further that the number of representatives of the worker in the Works Committee shall not be less than the number of representatives of the employer therein.
- (4) (a) Where any workers of the industrial establishment are members of a registered Trade Union, the employer shall ask such Trade Union to inform him in writing as to how many of the workers are members of such Trade Union; and (b) Where an employer has reason to believe that the information furnished to him under clause (a) by the registered Trade Union is false, he may, after informing such Trade Union, refer the matter to the Labour Commissioner or any other officer nominated by him, not below the rank of a Labour Officer, in writing, who shall, after hearing the parties, shall decide the matter and his decision shall be final. (b) the Chairman shall be nominated by the employer from amongst the employer’s representatives on the Works Committee and he shall, as far as possible, be the head of the industrial relations;
- (c) the Vice-Chairman shall be elected by the members, on the Works Committee representing the workers, from amongst themselves:
- (b) A member chosen to fill a casual vacancy shall hold office for the unexpired term of his predecessor;
- (10)(a) theWorks Committee may meet as often as necessary.
- (b) theWorks Committee shall at its first meeting regulate its own procedure.
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shall ordinarily meet during working hours of the industrial establishment concerned on any working day and the representative of the worker shall be deemed to be on duty while attending the meeting; (b) the Secretary of the Works Committee may with the prior concurrence of the Chairman, put up notice regarding the meeting and work of the Works Committee on the notice board of the industrial establishment. 4. Manner of choosing members from the employers and the workers for Grievance Redressal Committee under sub-section (2) of section 4. - The Grievance Redressal Committee shall consist of equal number of members representing the employer and the workers, which shall not exceed ten.
- (a) How many of the workers are members of such Trade Union;
- (b) Where an employer has reason to believe that the information furnished to him under clause (a) by the registered Trade Union is false, he may, after informing such Trade Union, refer the matter to the Labour Commissioner, or any other officer nominated in writing,by the Labour Commissioner, not below the rank ofLabour Officer,who shall, after hearing the parties, shall decide the matter and his decision shall be final. (5) On receipt of the information called for under sub-rule (4) , the employer shall provide for the selection of worker's representative on the committee by following two groups, namely:-
- (a) registered Trade Union may choose their representative as members for Grievance Redressal Committee in the proportion of their membership.
- 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 electronically or by registered post or speed post 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 officerthrough the Trade Union, of which he is a member or otherwise. Provided that in case of manual receipt of such application through registered post or speed post, the conciliation officer shall get the same digitized and enter the particulars of the application in the online mechanism under intimation to the concerned worker.
CHAPTER - III
TRADE UNIONS
- Payment of subscription by members to Trade Union under sub-section (f) of Section 7 and sub section (4) of Section 15 - (1) Registered Trade Union may collect the subscription from its members, office bearers or from others, as provided under the rules approved by the Registrar on monthly, quarterly, half yearly or yearly basis subject to such amount as prescribed under sub -section (2). (2) The payment of a minimum subscription by members of the Trade Union shall be as provided under the rules of the trade union approved by the Registrar but shall not be less than :-
- (2) Where the membership of a registered Trade Union did not, at any time, during the year ending on the 31st December, exceed 2000, the annual audit of the accounts may be conducted-
- (b) by any person who, having held an appointment under the Government in any audit or accounts department, is in receipt of a pension of not less than Rs. 5000 per mensem; or
- (c) by a Chartered Accountant.
- (a) by any two persons holding office as a Member of Corporation, a Municipality, a Jila or Janpad Panchayat, or (6) Disqualification of auditors. - Notwithstanding anything contained in these rules, no person who, at any time, during the year for which the accounts are to be audited, was entrusted with any part of the funds or securities belonging to a registered Trade Union shall be eligible to audit the accounts of that union.
- (a) every payment which appears to be unauthorised by the rules of the registered Trade Union concerned or contrary to the provisions of the Act;
- (b) the amount of any deficit or loss which appears to have been incurred by the negligence or misconduct of any person;
- (c) the amount of any sum which ought to have been, but is not brought to account by any person. (3) On receiving copy of notice ender sub - rule (1) dissolution under sub - section (l) of Section 7, the Registrar shall, unless he has reason to believe that the dissolution of Trade Unionhas not been made in the manner provided by the Code, registerthedissolution of Trade Union in a register to be maintained for this purpose and shall notify the fact that he has done so to the secretary of the Trade Union.
- Appeal against non-registration or cancellation of registration under Section 10:-The appeal against the order of the Registrar shall be filed by any aggrieved person within sixty days of the date of receipt of the order to the Industrial Tribunal by filing an application mentioning the causes of the appeal accompanied with a certified copy of the order of the Registrar.
- (2) All communication and notices by a registered trade union with respect to any change in any particulars of trade unions or its rules or office bearers or membership falling below 10 percent or one hundred, whichever is less, shall be sent electronically or by registered post or by speed post to the Registrar to his official postal address ore-mail address within thirty days from such date of such change or event.
- (4) The fee payable for such communication or alteration of rules shall be Rs.Fifty or as may be fixed by the government time to time and be paid electronically in the appropriate head of accounts of the state government for each set of alterations made at one time.
13. Matters on which negotiating union and negotiating council may negotiate under sub
section (1) and (2) of Section 14:-
- (i) All matters pertaining to Third Schedule to the Industrial Relations Code, 2020.
- (iv) All matters pertaining to lay -off, retrenchment of workers and closure of establishment.
- (2) If there is only one Trade Union in an Industrial Establishment, which is having membership of thirty percent or more workers of that Establishment, such union shall be entitled to negotiate with the employer under the provisions of sub rule (1). (4) Manner of verification of workers of negotiating council under sub section (4) of Section 14:-The Registrar shall verify the membership of a trade union, on an application made by the Industrial Establishment in Form X for deciding the union to be taken in the Negotiating Council either by the method of physical verification either in Registrar's presence or in presence of any Officer authorised by him or on the basis of verification of payment of subscription to the trade union by the members. For this a notice by The Registrar shall be served at least 7 days in advance to all the workers and the employer indicating the date and time and place for such verification. On (i) Right of holding discussions on the premises of the undertaking with employees. - The officers of Negotiating Union or member unions of Negotiating Councilshall have the right and shall be permitted by the employer, to hold discussions on the premises of the undertaking with the employees concerned who are the members of such union:
Provided that-
- (a) the union shall intimate, in advance to the employer the name or names of the officer or officers authorised for the purposes and the name of the department or departments in which the members concerned are employed; and
- (b) the discussions shall be held in such manner as not to interfere with the working of the undertaking.
- (c) such rights as mentioned in clause (a) and (b) of the union shall be subject to changes as prescribed by the State Government time to time by general or specific order. (iv). Putting up notice boards of the Negotiating Unions in the undertaking. - President of the Negotiating union or an office bearer authorised by the President or General Secretary shall be entitled to put up or cause to be put up a notice board or electronic notice board outside the time-keeper's office or at any other conspicuous place mutually agreed upon between the employer and the union and affix notices therein during the hours the undertaking is open:
Provided that-
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(e) the compensation of members for loss arising out of trade disputes;
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(i) the payment is in furtherance of any of the objects on which the general funds of the Trade Union may be spent, of contribution to any cause intended to benefit the workmen in general, provided that the expenditure in respect of such contribution in any financial year shall not at any time during that year be in excess of one-fourth of the combined total of the gross income which has up to that time accrued to the general funds of the Trade Union during that year and of the balance at the credit of those funds at the commencement of that year; and
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(b) the holding of any meeting or the distribution of any literature or documents in support of any such candidate or prospective candidate; or
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(3) No member shall be compelled to contribute to the fund constituted under sub-section (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. The application before the Industrial Tribunal shall be filed within thirty days of occurrence of any dispute as provided under Section 22 or any such order of the Registrar passed in relation to such dispute along with the relevant copies of the documents related to such dispute or order and mentioning the cause of such dispute and the Tribunal shall give an opportunity of hearing to all concerned parties and shall pass the order within forty five days.
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(i) Notice of every amalgamation shall be sent to the Registrar electronically or by registered post or by speed post in duplicate in Form XII by the applicant trade union.
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(v) Where the head office of the amalgamated trade union is situated in a different state, notice of every amalgamation shall be addressed to the Registrar of that and sent by registered post or by speed post in duplicate in Form XII by the applicant trade union.
- Annual Return (General Statement) of trade union under sub section (1) of Section 26:-
(i) The general statement to be furnished under Section 26 shall be submitted to the Registrar electronically or by registered post or by speed post by the 31st day of July in each year and shall be in Form XIV.
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(ii) The audit of the general statement shall be done in the manner prescribed under Rule 8 of these rules.
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(iii) Upon a written demand by the Registrar, report of any audit done under these rules shall be presented by the trade union before the Registrar within such time limit as directed by the Registrar.
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(2) The State Government or the officer authorized shall, after due enquiry, as it deems fit, decide such application within sixty days of its receipt and send the copy of the decision to the applicant with a copy to the Labour Commissioner and the Registrar.
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- Manner of forwarding information to certifying officer under sub-section (3) of section 30.-(1) If the employer adopts the model standing order of the 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 the specific date from which the provisions of the model standing order which are relevant to his establishment have been adopted.
- (c) Where the appeal is filed by the representative of the workers, to the employer and the Trade Union/s, if any, and any other worker whom the appellate authority joins as a party to the appeal.
- (3) The appellant shall furnish each of the respondents with a copy of the memorandum of appeal.
- (4) The appellate authority may at any stage of the proceeding call for any evidence, if it considers necessary for the disposal of the appeal.
- (5) On the date fixed under sub-rule (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.
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- (b) name of industrial establishment;
- (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.
- Application for modification of Standing Order under sub-section (2) of section 35.- The application for modification of an existing standing order under sub-section (2) of section 35 shall be submitted electronically or otherwise and contain the particulars of such standing orders which are proposed to be modified along with a tabular statement containing details of each of the relevant provisions of standing order in force, and proposed modifications therein, reasons thereof and the details of registered Trade union(s) operating therein, and such statement shall be signed by a person authorized by the industrial establishment or undertaking. Such application shall be dealt in the same manner as provided under rule 22 to 27 of these rules.
CHAPTER - V
NOTICE OF CHANGE
CHAPTER - VI
- (i) 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;
- (ii) In the case of the workers by the officer of the registered Trade Union authorized in this behalf or by three representatives of the workers duly authorized in this behalf at a meeting of the concerned workers held for such purpose;
- (i) In the case of an individual worker, an individual worker by the worker himself or by an officer of registered Trade Union of which the worker is a member: Explanation.- (1) In this rule, the expression ‘officer’ means any officer of a registered Trade Union or an association of the employer authorized for such purpose; (2) In this rule ‘officer’ means any of the following officers, namely:-
- a) the President;
- c) the Secretary (including the General Secretary);
CHAPTER - VII
MECHANISM FOR RESOLUTION OF INDUSTRIAL DISPUTES
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- Manner of filling up of the vacancy under sub-section (9) of Section 44 and procedure for selection, salaries and allowances and other terms and condition of Judicial Member of the Industrial Tribunal of the State (hereinafter in these rules referred to as the Industrial Tribunal) under sub-section (4) and (5) of Section 44.-
- (2) The Judicial member shall be appointed by the State Government on the recommendation of a Search Cum Selection Committee (SCSC) specified in sub-rule (3).
- (iv) Principal Secretary or Secretary to the Government of Madhya Pradesh, Department of Industry -Member.
- (5) No appointment of a Judicial Member shall be declared invalid merely by reason of a vacancy or absence of any member in the Search-cum-Selection Committee.
- (6) A Judicial Member shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-seven years, whichever is earlier.
- (7) In case of casual vacancy in the office of Judicial Member, the State Government shall appoint the Judicial Member of the other Industrial Tribunal to officiate as Judicial Member.
- (8) (a) A Judicial Member shall be paid a salary of Rupees 2,25,000/- per month and shall be entitled to draw allowances as are admissible to an officer of the State Government holding Group A post carrying the same pay;
- (9) (a) In case of serving High Court Judges, the service rendered in the Industrial Tribunal shall be counted for pension to be drawn in accordance with the extant rules of the service to which they belong, and they shall be governed by the provisions of General Provident Fund Rules and the rules for pension applicable to them.
- (b) In case of retired Judges, leave shall be admissible as are admissible to an officer of the State Government holding Group A post carrying the same pay.
- (12) (a) The State Government shall be the leave sanctioning authority for the Judicial Member.
- (15) A Judicial Member shall be entitled to leave travel concession as admissible to an officer of the State Government holding Group A post carrying the same pay.
- (17) No person shall be appointed as Judicial Member unless he is declared medically fit by an authority specified by the State Government on this behalf.
- (18) (a) If a written and verifiable complaint is received by the High Court, alleging any definite charge of misbehavior or incapacity to perform the functions as Judicial Member, it shall make a preliminary scrutiny of such complaint;
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the reasons thereof on each of the charges separately with such observations on the whole case as it may think fit;
- (c) The Search-Cum-Selection Committee shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the principles of natural justice and shall have power to regulate its own procedure, including the fixing of date, place and time of its inquiry.
- (20) (a) The State Government shall, on the recommendation of Search-Cum-Selection Committee, remove from office any Judicial Member, who, -
- (23) The State Government shall have the power to relax the provision of any of these rules in respect of any class or categories of persons for the reasons to be recorded in writing. Note – (1) “Present Chairman of Industrial Tribunal, Madhya Pradesh, Hon’ble Justice Shri Sunil Kumar Awasthi will continue as Chairman till remaining period
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of his tenure on same prevailing terms and conditions regarding service conditions and establishment."
- 34. “34. Manner of filling up of the vacancy under sub-section (9) of Section 44 and procedure for selection, salaries and allowances and other terms and condition of Administrative Member of the Industrial Tribunal under sub-section (4) and (5) of section 44.-
- (2) (a) The Administrative Member shall be appointed by the State Government on the recommendation of a Search Cum Selection Committee (SCSC) specified in sub-rule (3) of this rule.
- (3) The Search Cum Selection Committee shall comprise the following members, namely:-
- (9) (a) In case of serving Government Officer, the service rendered in Industrial Tribunal shall be counted for pension to be drawn in accordance with the extant rules of the service which he belongs and shall be governed by the prevalent Provident Fund Rules in the state.
- (b) In the case of retired Government Officers, they shall be entitled to join Contributory Provident Fund Scheme as per extant rules during
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period of their re-employment. Additional gratuity shall not be admissible for the service rendered by the Administrative Member in the Industrial Tribunals.
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(11) (a)In case of serving Government Officer, leave shall be admissible in accordance with the extant rules of the service which he belongs.
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(b) In case of retired Government Officers, leave shall be admissible as are admissible to an officer of the State Government holding Group A post carrying the same pay.
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(12) (a) The State Government shall be the leave sanctioning authority for the Member.
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(b)The State Government shall be the sanctioning authority for foreign travel to the Administrative Member.
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(17) No person shall be appointed as an Administrative Member, unless he is declared medically fit by an authority specified by the State Government in this behalf. The High Court shall consider the report and forward the matter to the State Government. Provided that the Administrative Member shall, unless he is permitted by the State Government to relinquish office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as a successor enters upon his office or until the expiry of his term of the office, whichever is earlier.
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(c) has become physically or mentally incapable of acting as such Member; or Provided that where an Administrative Member is proposed to be removed on any ground specified in clauses (b) to (e), he shall be informed of the charges against him and given an opportunity of being heard in respect of those charges.
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(1)(i) Where any industrial dispute exists or is apprehended or a notice under section 62 has been given, the conciliation officer on receipt of such application shall examine the application and if he finds that the dispute pertains to the jurisdiction of the state government shall register the dispute and issue first notice in writing to the parties concerned declaring his intention to commence conciliation proceedings.
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(ii) the employer and the workers' representative in the first meeting shall submit their respective statement in the matter of said dispute.
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(7) The Tribunal after ascertaining that the copies of statement of claim and other related documents are furnished to the other side by the party raising the dispute, the Tribunal shall fix the first hearing as soon as possible and within a period of one month from the date of receipt of the application. The opposite party or parties shall file their written statement together with supporting documents and the list thereof and list of witnesses, if any, within a period of thirty days from the date of first hearing and simultaneously forward a copy thereof to the opposite party or parties for service.
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(8) Where the Tribunal finds that the party raising the dispute, despite its directions, did not forward the copy of the statement of claim and other documents to the opposite party or parties, it shall give directions to the concerned party to furnish the copy of the statement to the opposite party or parties, granting extension of fifteen days for filing the statement, if the Tribunal finds sufficient cause for not filing the statement of claim and other documents within time.
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(10) 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.
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(14) 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 345, 346 and 348 of the Code of Criminal Procedure, 1973 (1 of 1974).
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(16) 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 :-
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(d) Where a party applies for immediate delivery of a copy of any such award or document, an additional fee equal to one-half of the fee leviable under this rule shall be payable.
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(17) The representatives of the parties appearing before a Tribunal shall have the right of examination, cross-examination and of addressing the Tribunal, when evidence has been called.
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(18) The proceedings before Tribunal shall be held in open court: Officer,State Government and the Labour Commissioner through e-mail or by registered or speed post.
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- Manner of making application to the State Government by the employer for intended closing down of an industrial establishment and the manner of serving copy of such application to the representatives of workers under sub-section (1) of section 80.-An employer who intends to close down an industrial establishment to which Chapter X of the Code applies shall apply electronically or otherwise in Form-XXVIII for prior permission at least ninety days before the date on which intended closure is to become effective to the State Government, stating clearly therein the reasons for the intended closure of the industrial establishment and simultaneously a copy of such application shall also be sent to the representatives of the workers and the Labour Commissioner and the Conciliation Officer electronically and by registered post or speed post.
- Manner of getting funds from other sources under sub-section (2)(b) of section 83- The government may, by notification, impose fee, cess, fine or levy any other undisbursed or unclaimed amount fromsuch sources, as it thinks fit,for contribution to the Fund and decide the procedure and rateof such contribution to the fund. Sub Rule-1 Manner of utilization of fund under sub-section (3) of section 83- Every employer who has retrenched a worker or workers under this Code, shall,within ten days, at the time of retrenching a worker or workers shall electronically transfer an amount equivalent
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CHAPTER - XII
OFFENCES AND PENALTIES
- (1) The officer notified by the State Government 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 through Labour Portal to the accused in Form XXIX consisting of three parts. In part I of such Form, the compounding officer shall inter-alia specify the name of the offender and his other particulars, the details of the offence and in which section the offence has been committed, the compounding amount required to be paid towards the composition of the offence. Part II of the Form shall specify the consequences if the offence is not compounded and part III of the Form shall contain the application to be filed by the accused if he desires to compound the offence. Each notice shall have a continuous unique number containing alphabets or numeric and other details such as officer sending notice, year, place, type of inspection for the purpose of easy identification.
- (2) The accused to whom the notice referred to in sub-rule (1) is served, may send the part III of the Form duly filled by him to the compounding officer electronically and deposit the compounding amount electronically, within fifteen days of the receipt of the notice, in the account specified by the compounding officer in the notice.
- (3) Where the prosecution has already been instituted against the accused in the competent Court, he may make an application to the Court to compound the offence against him and the Court, after considering the application, may allow composition of the offence by the compounding officer in accordance with provisions of section 89.
- (a) if the offence is compounded before the prosecution, then no complaint for prosecution shall be instituted against the accused; and
- (b) if the offence is compounded after institution of prosecution under sub-rule (3) with the permission of the Court, then, the compounding officer shall treat the case as closed as if no prosecution had been launched and will proceed in accordance with composition as under clause (a) and intimate the composition of offence to the
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competent Court in which the prosecution is pending and after receiving such intimation, the Court shall discharge the accused and close the prosecution.
- (5) The compounding officer shall exercise the powers to compound the offence under this rule, subject to the direction, control and supervision of the State Government.
CHAPTER - XIII
MISCELLANEOUS
50. Protected workers under sub-section (3) and (4) of section 90:—
- (1) Every registered Trade Union connected with an industrial establishment, to which the Code applies, shall communicate to the employer before the 30th April of every year, the names and addresses of such of the officers of the Union who are employed in that establishment and who, in the opinion of the Union should be recognised as "protected workers". Any change in the incumbency of any such officer shall be communicated to the employer by the union within fifteen days of such change.
- (3) Where the total number of names received by the employer under sub-rule (1) exceeds the maximum number of protected workers, admissible for the industrial establishment, under sub-section (4) of section (90), the employer shall recognise as protected workers only such maximum number of workers:
- (ii) Every complaint under sub-rule (1) shall be verified by the worker making the complaint or by authorized representative of the worker proved to the satisfaction of the conciliation officer, arbitrator or Tribunal to be acquainted with the facts of the case.
- Manner of authorization of worker for representing in any proceeding under sub-section (1) of section 94-Where the worker is not a member of any Trade Union,then, any member of the executive or other office-bearer of any Trade Union connected with or by any other worker employed in the industry in which the worker is employed may be authorized by such worker to represent him in any proceeding under the Code relating to a dispute in which the worker is a party in Form-XXXI.
- 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-XXXII 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. ................................................................................................................................................................................................................................................................
Auditors' Declaration
The undersigned having had access to till the books and accounts of the..............and having examined the foregoing statements and verified the same with the account 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..............had properly maintained its membership register and its accounts and the members had paid their membership subscription Rs...................... nP ...................to the...................as shown in the foregoing statement of the general fund account of the trade union, subject to the remarks, if any, appended hereto. (2) Auditor [^Note :- Each Auditor should state below his signature in what capacity with reference to Rule 18 he is qualified to audit the trade union's accounts.]
Form III
(see sub rule (1) of Rule 9)
Notice of the Dissolution or amendment in rules of a Trade Union
Name of trade union................................................................................................................................................................................................................................................................ Madhya Pradesh,
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Notice is hereby given that the above-mentioned trade union was dissolved in pursuance of the Rules thereof on the ................................ day of ............ 19..... or We have been duly authorised by the union to forward this notice on its behalf, such authorisation consisting of a resolution passed at a general meeting on the* ................. day of......................... 20......, copy of which is enclosed. (Signed)1........................................................................... 2................................................................................................................................................................................................................................................................ 3................................................................................................................................................................................................................................................................ 6................................................................................................................................................................................................................................................................
AMENDMENT IN RULES
The amendment in the Rules for the matters detailed in column (1) and (2) are given in column (3) as follows :- | | Matter (1) | Original Rules (2) | Amendment proposed (3) | | --- | --- | --- | --- | | 1. | Name of Union. | .................... | | | 2. | The whole of the object 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 officers 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 rescinded. | .................... | |
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| 11. | The manner in which the members of the executive and the other officers of the union shall be appointed and removed. | .................... | | | --- | --- | --- | --- | | 12. | The safe custody of the funds. | .................... | | Signature of the Applicant/s
Form IV
[See sub rule (1) of Rule 10 ] Dated the........ day of........ 19......
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- This application is made by the persons who names are subscribed at the foot hereof.
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- The particulars given in Schedule II show the provision made in Rules for the matters detained in Section 7 of the Industrial Relations Code, 2020. A copy of the resolution passed in a meeting of the.____________________on____________approving the Rules is enclosed.
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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 of the Industrial Relations Code, 2020, are given in Schedule III.
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- The balance of the General Fund Account of the Trade Union on the day of registration is Rs........... P............
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- We have been duly authorised by the Trade Union to make this application on its behalf such authorisation consisting of *............. | Name | Occupation | Address | Signature | | --- | --- | --- | --- | | (1) | (2) | (3) | (4) | | --- | --- | --- | --- | | | | | | State here whether the authority to make this application was made by a resolution of a general meeting of the Trade Union or if not, in what other way it was given. Madhya Pradesh | Serial No. | Office held in the Union | Name | Age | Occupation | Address | | --- | --- | --- | --- | --- | --- | | (1) | (2) | (3) | (4) | (5) | (6) | | 1 | | | | | | | 2 | | | | | | | 3 | | | | | | | etc. | | | | | |
Schedule II
Reference to Rules
The numbers of the Rules making provisions for the several matters detailed in column (1) are given in column (2) before :- | | Matter (1) | Number of Rules (2) | | --- | --- | --- | | 1. | Name of Union. | ........................ | | 2. | The whole of the object 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 officers 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 rescinded. | ........................ | | 11. | The manner in which the members of the executive and the other officers of the union shall be appointed and removed. | ........................ | | 12. | The safe custody of the funds. | ........................ | | 13. | The annual audit to the accounts. | ........................ |
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| 14. | The facilities for the inspection of the account books by officers and members. | ................ | | --- | --- | --- | | 15. | The manner in which the union may be dissolved. | ................ | | Liabilities | Rs. P. | Assets | Rs. P. | | --- | --- | --- | --- | | (1) | (2) | (3) | (4) | | Amount of general fund... | | Cash- | | | Amount of political fund... | | In hands of Treasury | | | Loans from... | | In hands of Secretary... | | | Debts due to... | | In hands of- | | | Other liabilities (to be specified) | | In the Bank | | | | | In the Bank | | | | | Securities as per list below :- | | | | | Unpaid subscriptions due loans to- | | | | | Immovable property | | | | | Goods and furniture | | | | | Others assets (to be specified) | | | | | ........ | ........ | | Total liabilities....... | | Total assets...... | | | Particulars | Face Value | Cost price | Market value | | --- | --- | --- | --- | | (1) | (2) | (3) | (4). | | | | (Signed) | 1. | | | | | 2. | | | | | 3. | | | | | 4. | | | | | 5. | | | | | 6. | | | | | 7. |
FORM – V
(See sub-rule (2) of Rule 10)
Format of AFFIDAVIT
(On appropriate Court Fee Stamp) I, ..................................................................................., son/daughter of Shri ..................................................................................., resident of ..................................................................................., by occupation ..................................................................................., aged ................................................................................... years,
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- That for the purpose of submitting the application for registration / cancellation of registration, the following persons were duly authorized by resolution passed in the General Body Meeting held on date ................................... | S. No. | Name (Father's Name) | Age | Designation in Industry | Name of Industry | | --- | --- | --- | --- | --- | | 1. | | | | | | 2. | | | | | | 3. | | | | | | 4. | | | | | | 5. | | | | | | 6. | | | | |
- General Body Meeting held on date......................., the Constitution/Bye-laws of the union were duly approved and adopted, and on date ......................, the Executive Committee of the union was duly elected in accordance with the said Constitution.
- The aforesaid authorized persons have signed the application for registration / cancellation of registration in my presence. To the best of my knowledge and belief, the particulars stated in the application, as well as the membership list enclosed therewith, are true, correct and complete, and nothing material has been concealed therefrom. Applicant
VERIFICATION
Applicant
Form VI
(see sub rule (3) of Rule 10)
List of Officers of Trade Union
| Serial No. | Office held in the Union | Name | Age | Occupation | Address | | --- | --- | --- | --- | --- | --- | | (1) | (2) | (3) | (4) | (5) | (6) | | 1 | | | | | | | --- | --- | --- | --- | --- | --- | | 2 | | | | | | | 3 | | | | | | | ... | | | | | | | etc. | | | | | |
- (2) Attach certified copy of the resolution passed about the authorisation of the applicant/s. | Name of the Union | Address of office | Date of registration | Name of present Office Bearers | Number of Members | Date of Cancellation | Date of dissolution | Date of amalgamation | Name of the trade union with which amalgamated | Date of change in office bearers | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | | | | | | | | | | | | | | | | | | | | | | | | Date of change in rules | any other information | remarks | | --- | --- | --- | | 11 | 12 | 13 | | | | | | | | | It is hereby certified that the......................has been registered under the Industrial Relations Code, 2020on this day of ........20..................
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Registrar of Trade Unions
Form IX
[See sub rule (7) of Rule 10]
Request to Withdraw or Cancel Certificate of Registration
Dated................the................day of................20...... To, The Registrar of Trade Unions, Government of Madhya Pradesh, The above-mentioned trade union desires that its certificate of registration under the Industrial Relations Code, 2020, may be withdrawn (or cancelled) as at the general meeting* duly held on ................... day of................20.... it was resolved as follows :- (Signature) (See sub rule (3) and (4) of Rule 13)
Application for declaring the Trade Union as Negotiating Union or Member of the
Negotiating council Name of the union................................................................................................................................................................................................................................................................ Dated the .....................day of.................... 19....
38
The Registrar of Trade Unions, Madhya Pradesh, Dear Sir,
I beg to state that the above-mentioned Trade union is to be declared as Negotiating Union / as the member of Negotiating Council for the Industrial Establishment , namely ------------------------------, Address ------------------------------under sub section (3) / (4) of Section 14 of the Industrial Relations Code, 2020, and I request that it may be registered accordingly in the records of the Registrar. A copy of the particulars and other documents in this behalf signed by the authorised person is enclosed.
- 3. A copy of the rules of the Union is attached
-
- The address of the head office of the union to which all the communications may be addressed is............................................
Declaration of the Trade Union as Negotiating Union or Member of the Negotiating council
Office of the Registrar of Trade Unions, Madhya Pradesh, Indore Name of Union....................... Entry No............................. It is hereby certified that the ........................................... Union has been declared as Negotiating Union / Member of the Negotiating council for the Industrial Establishment ------------------------------ -------------------as provided under sub section (3) / (4) of section 14 of the Industrial Relations Code,2020 on this....................day of ................... 20... Signature and Seal Registrar of Trade Unions, Madhya Pradesh
Form XI
Register of Negotiating Union or Member of the Negotiating council
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| Sr No / entry no | Name of the Negotiating Union | Name of the member union of negotiating Council Negotiating Union | Address of office | Date of registration | Name of present Office Bearers | Number of Members | Name of the Industrial Establishment | Address of the Industrial Establishment | Total number of workers which are members of the Trade Unions | Percentage of workers which are members of The Negotiating Union / Member of Negotiating Council | Date of declaration by the Registrar | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Any other information | Reamrk | | --- | --- | | 13 | 14 | | | | | | | | | | | | | | | |
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Notice of Amalgamation of Trade Unions
| Serial No. | Name of the Trade Union | Registration number | Address | | --- | --- | --- | --- | | (1) | (2) | (3) | (4) | | 1 | | | | | 2 | | | | | 3 | | | | The Registrar of Trade Unions, Notice is hereby given that in accordance with the requirements of Section 24 of the Industrial Relations Code 2020, the members of each of the above-mentioned trade unions have resolved to become amalgamated together as one trade union. Copies of the resolution approving the amalgamation are enclosed. And that the following are the terms of the said amalgamation. And that it is intended that the trade union shall henceforth be called the.
-
- ........................................................................ Secretary
-
- ........................................................................
-
- ........................................................................
-
- ................................................................................
-
- ................................................................................................................................................................................................................................................................
-
- ........................................................................
Form XIII
Name of trade union already registered............................................................................ Address................................................................................................................................................................................................................................................................ Dated this.....................day of....................19........ Madhya Pradesh, The consent of the members was obtained by* (Signed) 1................... Secretary 2................................................................Member 3................................................................Member [^]
Form XIV
Part A
Annual Return (General Statement) prescribed under Section 26 of the Industrial Relations Code, 2020
42
From 1st January, 20.............. to 31st December,20....
- 2. Address................................................................................................................................................................................................................................................................
-
- Registered Head Office..................................................................................
-
- No. and date of certificate of Registration No.....................date......
-
- Number and date of payment of affiliation fee to the All India Body. Receipt No. ………date………
-
- Number of the members of the Working Committee. ..........................
-
- Name of the industry to which the union belongs. ..........................
- 13.Details about the jurisdiction of the union. ..........................
-
- Monthly subscription for the members.
- 15.(This information need not be given by federations of trade unions):-
- (c) Number of members leaving the union during the year .......................... Balance by deduction from the ........................................... Total of (a) and (b)
- (d) Total number of members on books at the end of the year (i.e., on 31st March):- Males.................... Females.................... Total....................
- (b) Number of unions joining during the current year. ..........................
- (e) Membership fee realised from the affiliated unions. Rs.....nP.....
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- (f) Number of affiliated unions from whom membership fee ............................................. was received during the year.
- (g) Number of affiliated unions contributing to political fund.
- (h) Number of members of affiliated unions. Males........ Total.................. Note :- Information in regard to-
Part B
General Fund Account
| Income | | | Expenditure | | | | --- | --- | --- | --- | --- | --- | | Sr | Details | Rs.nP | Sr | Details | Rs.nP | | 1. | Balance at the beginning of the year. | | 1. | Salaries, allowances and expenses of offices. | | | 2. | Subscription received from members as per the following details : - | | 2. | Salaries, allowances and other expenses of the establishment | | | | (a) Subscription received for the current year. | | 3. | Auditors fees................... | | | | (b) Subscription in arrears for the current year - | | 4. | Legal expenses................... | | | | (1) Subscription in arrears for 3 months or less. | | 5. | Expenses in conducting trade disputes. | | | | (2) Subscription in arrears for 6 months or more than 6 months. | | 6. | Compensation paid to members for loss arising out of trade disputes | | | | (c) Subscription in arrears for more than one year | | 7. | Funeral, old age, sickness, unemployment benefits, etc. | | | | Total ............. | | 8. | Educational social and religious benefits. | | | 3. | Donations. | | 9. | Cost of publishing periodicals | | | 4. | Interest on investments | | 10. | Rents, rates and taxes | | | 5. | Sales of periodicals, books and rules, etc. | | 11. | Stationery, printing and postage. | | | 6. | Income from miscellaneous sources (to be specified). | | 12. | Expenses incurred under Industrial Relations Code, 2020. | | | | | | 13. | Other expenses (to be specified)- | |
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- (1)........................ (1)........................ (2)........................ (3)........................ (4) ------------------------
- (2)........................
- (3)........................
- (4)........................
- (5)........................ Total expenditure........
- (6)........................ Balance at the end of the year.....
- Total........................ Total........................ Treasurer Statement of Liabilities and Assets of Trade Union On................... 20..... | Details | | Rs. nP. | Details. | | Rs.nP | | --- | --- | --- | --- | --- | --- | | 1. | Amount of general fund .... | | 1. | Cash | | | 2. | Amount of political fund .... | | (a) | In hands of the Treasurer | | | 3. | Loans from ... | | (b) | In hands of the Secretary or other person to be named. | | | | | | 2. | In the Bank ............... | | | 4. | Arrears to be paid - | | 3. | Securities (as per list in Part D) | | | | | | 4. | Unpaid subscription due [as shown in Part B in columns (b) and (c)] | | | 5. | Other liabilities (to be specified)- | | | | | | | (1)..................... | | (a) | Amount of the current year's subscription | | | | (2)..................... | | (b) | Amount of the last year's subscription | | | | (3)..................... | | 5. | Loans | | | | (4)..................... | | (a) | Officers | | | | | | (b) | Members | | | | | | (c) | Others | | | | | | 6. | Immovable properly | | | | | | 7. | Goods and furniture - | |
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| | | | | (a) | Of the current year | | | --- | --- | --- | --- | --- | --- | --- | | | | | | (b) | Of the last year | | | | | | 8. | Other assets | | | | | Total.......... | | | | Total.......... | | | Particulars | Pace Value | Cost Price | Market price at date on which accounts have been made up | Deposited with | | --- | --- | --- | --- | --- | | (1) | (2) | (3) | (4) | (5) | | | | | | | | | | | | | | | | | | |
Part E
Political Fund Account
IncomeExpenditure | Details | | Rs. nP. | | Details | | | RsnP | | --- | --- | --- | --- | --- | --- | --- | --- | | 1. | Balance at the beginning of the year | | | 1. | Payments made on objects specified in Section 16 (2) of the Indian Trade Unions Act, 1926 | | | | 2. | Contributions from members | | | 2. | Expenses of management (to be fully specified) | | | | | | | | | Total | ............ | | | | | | | | Balance at the end of the year | | | | | Total | ........ | | | Total | | ...... |
Auditors' Declaration
The undersigned having had access to till the books and accounts of the..............and having examined the foregoing statements and verified the same with the account 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..............had properly maintained its membership register and its accounts and the members had paid their membership subscription Rs...................... nP ...................to the...................as shown in the foregoing statement of the general fund account of the trade union, subject to the remarks, if any, appended hereto. [^Note :- Each Auditor should state below his signature in what capacity with reference to Regulation 18 he is qualified to audit the trade union's accounts.]
Part G
Officers appointed by election or nomination
| Name | Date of birth | Home Address | Occupation | Office held in the union | Whether by election or nomination | Date on which appointment in column (5) was taken up | | --- | --- | --- | --- | --- | --- | --- | | (1) | (2) | (3) | (4) | (5) | (6) | (7) |
Part H
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The following changes of officers have been made during the year
Officers relinquishing office
| No. | Name | Office | Date of relinquishing office | | --- | --- | --- | --- | | (1) | (2) | (3) | (4) | | | | | |
Form XV
Application for recognition as the State Level Trade Union
Name of the Trade union/ Federation Of Trade Unions................................................................................................................................................................................................................................................................ The Principal Secretary or Authorised Officer (Designation) Government of Madhya Pradesh, Department of Labour/
Dear Sir,
I beg to state that at the general meeting of the members/at the meeting of the executive of the above-mentioned Trade union/ Federation Of Trade Unions which was held at....................on the day of.............. 20...., it was resolved that the union should apply to you for recognition as State Level Trade Union under sub section (2) of Section 27 of the Industrial Relations Code, 2020, for the. A copy of the resolution in this behalf signed by the President/ General Secretary of the union is enclosed.
- 6. The TradeUnion/ Federation of Trade Unions has total ....................members (number) in the state (District Wise, Trade Union wise membership) Yours faithfully, Name and Designation General Secretary/Secretary.
FORM - XVI
(See Rule 29) (Notice of change of service conditions of workers proposed by an employer) Name of employer........................................................................................................................................... Address....................................................................................................................................................... Dated the ...................................................................................day of ................................................................................... 20...................................................................................
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In accordance with section 40 of the Industrial Relation Code,2020, I/We hereby give notice to all concerned that it is my/our intention to effect the change/changes specified in the annexure, with effect from ………… in the conditions of service applicable to workers in respect of the matters specified in the Third Schedule to this code Signature........................................................................
ANNEXURE
(Here specify the change/changes intended to be effected) Copy forwarded to:
-
- The Secretary of registered Trade Union, if any.
-
- Labour commissioner.
-
- Concerned Conciliation Officer.
FORM - XVII
(Agreement for voluntary arbitration)
(See sub rule (1) of Rule 30)
BETWEEN
...................Name of the parties representing employer (s)
- (i) 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.
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Signature of the parties Representing employer] Representing worker/ workers. Witnesses
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- ................................................................................................................................................................................................................................................................
- (ii).The Conciliation Officer [here enter office address of the Conciliation Officer for the area concerned].
FORM-XVIII
(See Rule 32) (Authorization by a worker, group of worker, employer, group of employer to be represented in a proceeding before the authority under this Code). Before the Authority (Here mention the authority concerned) In the matter of:....................... (mention the name of the proceeding) workers Versus .............................................................................................................Employer I/we hereby authorise Shri / Sarvashri (if representatives are more than one) 1...........2.............3............. to represent me/us in the above matter. Dated this.....................day of.....................20..................... Signature of person(s) nominating the representative(s) Address Accepted
FORM- XIX
(See sub Rule (21) of Rule 33) I, -----------------------------, having been appointed as Judicial Member 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 of
49
Industrial Tribunal ------------------------(Name of the Tribunal) to the best of my ability, knowledge and judgment, without fear or favour, affection or ill-will and that I will uphold the Constitution and the laws of the land. (Signature) Place: Date:
FORM- XX
FORM – XXI
(See sub rule (5) of Rule35)
(Application to be submitted before the Tribunal in the matter not settled by the Conciliation Officer )
Before.................. (here mention the name of the Tribunal having jurisdiction over the area) In the matter of: ...................................................(Mention the details of the matter) Address................................................................................................................................................................................................................................................................ ................................................................................................................................................................................................................................................................ Address................................................................................................................................................................................................................................................................ The above mentioned applicant begs to state as follows :- (Here set out the relevant facts and circumstances of the case). The applicant prays that the instant dispute may please be admitted for adjudication and request to pass appropriate Award. Date ................ Signature
(Notice of Strike to be given by the Trade Union(Name of Union)/ Group of Workers)
Name of five elected representatives of workers................................................................................................................................................................................................................................................................ Dated the...................day of...................20................... Yours faithfully, ANNEXURE Statement of the Case. Copy to;1.Labour Commissioner
- 2. Conciliation Officer of the concerned area
FORM- XXIII
(See sub rule (1) of Rule 37)
(Notice of Lock-out to be given by an employer of an industrial establishment)
Dated the................day of................20................
ANNEXURE
| 1. | Statement of reasons | | --- | --- | | information attached must be verified | | Copy forwarded to:
- (1) The Secretary of the Registered Union, if any
- (2) Principal Secretary, Govt Of MP , Dept of Labour ,BHOPAL
- (3) Conciliation officer ........................................................................... To, The Principal Secretary/ Secretary to the Government of Madhya Pradesh, Department of Labour , Bhopal Sir,
-
- The workers concerned have been given on the.................(DD/MM/YYYY) one month’s notice in writing as required. or Worker Details
| Sr | UAN/ CMPFO | Name of the worker | Category Highly Skilled/Skilled/ Semi/Unskilled | Date of Appointment with Employer | Wages on the date of application | Total payable wages, compensation and other dues (Head wise details) | Date of payment of wages, compensation and other dues (Head wise details) | Remarks | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | | | | | | | | | |
- 2. Conciliation Officer of the concerned area To, The Principal Secretary/ Secretary to the Government of Madhya Pradesh, Department of Labour , Bhopal Sir,
Part - I
(Closure)
-
- Under sub-section (1) of section 74 of the Industrial Relation Code, 2020, I/ we hereby inform you that I/we have decided to close down................................................... (name of the industrial establishment or undertakings employer) with effect from....................................(DD/MM/YYYY).The list of affected workers and other details of their service and payments are enclose in the Annexure I and the reasons for closure explained in the Annexure II. Yours faithfully, Table Details
| Sr | UAN/ CMPFO | Name of the worker | Category Highly Skilled/Skilled/ Semi/Unskilled | Date of Appointment with Employer | Wages on the date of application | Total payable wages, compensation and other dues (Head wise details) | Date of payment of wages, compensation and other dues (Head wise details) | Remarks | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | | | | | | | | | |
- 1.
-
- To the Labour Commissioner To, The Principal Secretary/ Secretary to the Government of Madhya Pradesh / Authorised Officer, Department of Labour,Bhopal or
-
- I / We declare that there is no case in any Court of Law pending about this matter.
-
- I / We declare that all the information in this notice, annexures and the lists are correct to the best of my knowledge and I / We shall be responsible for the correctness of the information and I/ We have not hidden any facts or evidence in the matter. Yours faithfully, (Signature)
ANNEXURE I
Table of Worker Details
| Sr | UAN/ CMPFO | Name of the worker | Category Highly Skilled/Skilled/Semi/Unskilled | Date of Appointment with Employer | Wages on the date of intimation | Total payable wages, compensation and other dues (Head wise details) | Date of payment of wages, compensation and other dues (Head wise details) | Remarks | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | | | | | | | | | |
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 Central 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 | | | 4. (i) Annual production, item wise for pre-ceding three years- (ii) Production figures, month-wise, for the preceding twelve months, | Attach details Attach details | | 5. Balance sheets, profit and loss accounts and audit reports for the last three years. | Attach details | | 6. | Names of the inter-connected companies or companies under the same management. | Attach details | | --- | --- | --- | | 7. | 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/ the number of workmen involved in each such lay-off/ continuation of lay off | Attach details | | 8. | Any other relevant details which have bearing on lay-off | Attach details | | 9. | Statement of reasons for lay off with documentary evidence | Attach details | [Form of application for permission of Retrenchment in Industrial establishments or Undertaking to which provisions of Chapter X of the Industrial Relations Code, 2020 applies to be submitted sixty days before the retrenchment ] The Principal Secretary/ Secretary to the Government of Madhya Pradesh, Department of Labour, Bhopal Sir,
-
- Under sub-section (2) of section 79 of the Industrial Relation Code 2020, I/we hereby apply for permission for proposed retrenchment of………………workers(indicate number in figures and words) with effect from(DD/MM/YYYY).List and other details of service and Payments of retrenched workers is attached in the Annexure I. The reasons for retrenchment and other details are set out in the Annexure-II
-
- The workers concerned have been given* notice in writing as required under clause (a) of sub-section (1) of section 79. The worker concerned have not* been given notice since the retrenchment is under an agreement (copy of which is enclosed) as provided in the proviso to the said clause.
-
- All Such workers permitted to be retrenchedshall be paid such compensationto which they are entitled under section 79 of this Code and all other dues, as per the details given below in the Annexure I.
-
- I / We declare that there is no case in any Court of Law pending about this matter.
-
- I / We declare that all the information in this notice, annexures and the lists are correct to the best of my knowledge and I / We shall be responsible for the correctness of the information and I/ We have not hidden any facts or evidence in the matter. Permission is solicited for the retrenchment of the workers of the said establishment. Yours faithfully, (Signature) (*Strike off which is not applicable) ( ** The application for permission in case of closure must be given at least 90 days before of the intended closure ) Worker Details and Payment Information
| Sr | UAN/ CMPFO | Name of the worker | Category Highly Skilled/Skilled/ Semi/Unskilled | Date of Appointment with Employer | Wages on the date of intimation | Total payable wages, compensation and other dues (Head wise details) | Proposed Date of payment of wages, compensation and other dues (Head wise details) | Remarks | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
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 Central 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) (ii) Whether a private limited company/ partnership firm or proprietorship firm | Indicate the status of the company Attach details | | 3. (a) MCA number (b) GSTN number (c) Registration number of the labour department | Attach details | | 4. (i) Annual production, item wise for pre-ceding three years- | Attach details | | (ii) Production figures, month-wise, for the preceding twelve months, | Attach details | | 5. Balance sheets, profit and loss accounts and audit reports for the last three years. | Attach details | | 6. Names of the inter-connected companies or companies under the same management. | Attach details | | 7. Details of Retrenchment resorted to in the last three years (other than the Retrenchment for which permission is sought), including the periods of such Retrenchment the number of workmen involved in each such Retrenchment | Attach details | | 8. Any other relevant details which have bearing retrenchment | Attach details | | 9. Statement of reasons for retrenchment with documentary evidence | Attach details | A copy of this form shall be submitted to the Labour Commissioner and the concerned Conciliation Officer of the area.
FORM – XXVIII
(See Rule 46) Sir,
-
- Under section 80(1) of the Industrial Relation Code, 2020, I / we hereby inform you that I/we propose to close down the undertaking specified below of (name of the industrial establishment). with effect from (DD/MM/YYYY).List and other details of service and Payments of affected workers due to closure is attached in the Annexure I. The reasons for closure and other details are set out in the Annexure-II
-
- The workers concerned have been given notice in writing as required under clause (a) of sub-section (1) of section 79.
-
- All Such workers affected by closure shall be paid such compensation, to which they are entitled under section 79 of this Code and all other dues as per the details given below in the Annexure I.
-
- I / We declare that there is no case in any Court of Law pending about this matter.
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- I / We declare that all the information in this notice, annexures and the lists are correct to the best of my knowledge and I / We shall be responsible for the correctness of the information and I / We have not hidden any facts or evidence in the matter. Permission is solicited for the closure of the said establishment. Yours faithfully, (Signature) (*Strike off which is not applicable) ( ** The application for permission in case of closure must be given at least 90 days before of the intended closure ) Worker Details and Payment Information
| Sr | UAN/ CMPFO | Name of the worker | Category Highly Skilled/Skilled/ Semi/Unskilled | Date of Appointment with Employer | Wages on the date of intimation | Total payable wages, compensation and other dues (Head wise details) | Proposed Date of payment of wages, compensation and other dues (Head wise details) | Remarks | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | | | | | | | | | |
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 Central 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) (ii) Whether a private limited company/ partnership firm or proprietorship firm | Indicate the status of the company | | 3. (a) MCA number (b) GSTN number (c) Registration number of the labour department | | | 4. (a) *Names and identification number of the affected workers proposed 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- | Attach details | | (ii) Production figures, month-wise, for the preceding twelve months, | Attach details | | 6. Balance sheets, profit and loss accounts and audit reports for the last three years. | To be annexed | | 7. Net worth of the company | Attach details | | 8. Names of the inter-connected companies or companies under the same management. | Attach details | | 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 | Attach details | | 10. Statement of reasons for closure with documentary evidence | Attach details | | 11. Any other relevant details which have bearing on Closure. | | A copy of this form shall be submitted to the LabourCommissioner and the concerned Conciliation Officer of the area.
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FORM – XXIX
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- Name and Address of the offender Employer- .............................................................................
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- Particulars of the offence ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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- Section of the Code under which the offence is committed------------------------
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- Compounding amount required to be paid towards composition of the offence. You are advised to deposit the above mentioned amount within fifteen days from the date of issue of this notice for compounding the offence as per section 89 (1) of the Industrial Relation Code, 2020, along with an application duly filled in part – III of this notice. Date: Place:
PART – III
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- Particulars of the offence
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- Section of the Code under which the offence has been committed
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- Any other information which the applicant desires to provide
................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Dated: Place:Applicant Address: Address: The complainant(s) accordingly prays/pray that the Conciliation officer/ Arbitrator/ Industrial Tribunal or National Tribunal may be pleased to decide the complaint set out above and pass such order or orders thereon as it may deem fit and proper.
Verification
Signature or Thumb impression of the person verifying.
FORM – XXXI
(See Rule 52)
(Manner of authorisation of worker for representation under Section 94 of the Industrial Relation Code, 2020) Details of the Matter :-
(See Rule 53)
(Manner of authorisation of employer for representation under Section 94 of the Industrial Relation Code, 2020)
