Puducherry Industrial Relations Rules

ABSTRACT

The following Notification shall be published in the Official Gazette of Government of Puducherry:- In exercise of the powers conferred by sub-section (1) of section 99 and clauses (o). (p) and (r) of sub-section (2) thereof, of the Industrial Relations Code, 2020 (Central Act No.35 of 2020), read with section 24 of the General Clauses Act, 1897 (Central Act No.10 of 1897), the Lieutenant-Governor, Puducherry, hereby proposes to make the following rules, the draft of which is hereby notified, as required under sub-section (1) of the said section 99, for information of all persons likely to be affected thereby and the notice is hereby given that the said draft notification will be taken into consideration on 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;

CHAPTER I

• (viii) safety, health and working conditions related standards;

5. Manner of verification of membership of Trade Unions in an industrial establishment under sub-sections (3) and (4) of section 14.-

• 11 (a) The employer of the industrial establishment shall appoint a verification officer for the purpose of verification of membership of the Trade Unions in the industrial establishment who shall be an independent officer and shall not have any interest with any of the Trade Union, whose membership verification is to be carried out; Provided that the process for constitution of the negotiating union or the negotiating council, as the case may be, shall commence three months before the expiry of the tenure of the existing recognition period of the trade unions recognised by the employer under the Code of Discipline.

4/-

[4]

• (i) such Trade Union has a valid registration under the Trade Unions Act, 1926 and continuing as such or has the registration under the Industrial Relations Code, 2020 (Central Act No. 35 of 2020), as the case may be; and
• (ii) the membership of the Trade Union be confined to the particular industrial establishment only.
• (b) The Application for recognition made by Trade Union shall be accompanied with the copy of the registration certificate, copy of list of members, details of the membership subscription and copy of latest annual return submitted to Registrar of Trade Unions and any other relevant document which the Trade Union wishes to submit in support of its claim;
• (4) (a) In case of negotiating union or council, as the case may be, has been constituted under the Code, the employer of the industrial establishment shall initiate action before expiry of the tenure of incumbent negotiating union or negotiating council, as the case may be, sufficiently in advance but not later than three months before the expiry of the tenure of incumbent negotiating union or negotiating council, as the case may be;
• (d) On receipt of the documents and records, the verification officer shall scrutinize the records or documents submitted by the Trade Union to ascertain the status of registration of Trade Union and related matters;
• (c). The verification officer shall hold meeting with representative of employer of industrial establishment and all participating Trade Unions to decide about the process of verification of the membership of Trade Unions through secret ballot;

6. Verification of membership of Trade Unions through secret ballot -

5/

[5]

• (3) All workers whose names are borne on the muster roll of the industrial establishment on the date of reckoning, shall be eligible to cast their vote;

8. Recognition of Trade Union as negotiating union or constituents of negotiation council - On the basis of verification report submitted by verification officer, the employer of the industrial establishment shall grant recognition to Trade Union as a negotiating union or constituents of negotiating council as per provisions of sub-section 2 of section 14 or sub-section 3 of section 14 or sub-section 4 of section 14 of the Code, as the case may be, which shall be valid for three years from the date of recognition of negotiating union or constitution of negotiating council or such further period not exceeding five years, in total, as may be mutually decided by the employer and the negotiating union or negotiating council, as the case may be:

• (c) one or more workers who are refused admission as members and the Trade Union;
• (d) where the dispute is in respect of a Trade Union which is a federation of Trade Unions and office bearer authorized in this behalf by the Trade Union, then, the aggrieved person may make application to the Tribunal having jurisdiction, in Form - A within a period of one year from the date on which the dispute arises, electronically or by registered post or by speed post or in person.

FORM - A

• (B) Name and Address of Opposite party(ies)

8/-

[8]

Name and signature of the worker(s) or Officer of Trade union raising the dispute Place: ............................................................................. Date ........................................ //BY ORDER OF THE LIEUTENANT-GOVERNOR// The image appears to show a handwritten signature above a printed name line.

Description

• The printed text is in uppercase serif font and enclosed in parentheses.
• The text reads exactly: (S.D. SUNDARESAN, I.A.S.,)
• Above the printed name is a handwritten signature in dark ink.
• There are also faint handwritten marks or strokes extending horizontally across the image.
• On the far left side, there appear to be small handwritten characters or numerals, though they are not clearly legible.

Table

| Element | Details | |---|---| | Printed name | (S.D. SUNDARESAN, I.A.S.,) | | Handwriting | A handwritten signature above the printed name | | Additional marks | Faint handwritten strokes across the image; unclear small marks on the left | To The Director of Stationery & Printing,
Puducherry.
} with a request to publish the said notification in the
Official Gazette and to supply 20 copies thereof to this
Department for reference and record.

Copy to:

• 2. The Labour Commissioner, Puducherry.
• 5. The Labour Officer (Enforcement), Puducherry.
• 6. The Labour Officer (Conciliation), Puducherry
• 9. The Inspector of Factories, Puducherry/Karaikal.
• 10. The Assistant Inspector of Labour, Puducherry/Karaikal/Mahe/Yanam.