Tamil Nadu Industrial Relations Rules (Draft): full text and citation

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| Location | Text | |---|---| | Top circular border | GOVERNMENT OF TAMILNADU | | Bottom circular border | TRUTH ALONE TRIUMPHS | EXTRAORDINARY PUBLISHED BY AUTHORITY No. 215] CHENNAI, MONDAY, APRIL 11, 2022 Panguni 28, Pilava, Thiruvalluvar Aandu–2053

Part III—Section 1(a)

General Statutory Rules, Notifications, Orders, Regulations, etc., issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

INDUSTRIAL RELATIONS (TAMIL NADU) RULES, 2022 [G.O. Ms. No. 37, Labour Welfare and Skill Development (H2), 11th April 2022, பாந்தை 28, பிலவ, திருவான்னார் அகண்ட-2053.]

No. SRO A- 8(b)/2022.

The following draft rules, which the Government of Tamil Nadu proposes to make in exercise of the powers conferred by section 99 of the Industrial Relations Code, 2020 (Central Act 35 of 2020) read with section 24 of the General Clauses Act, 1897 (Central Act 10 of 1897) and in supersession of –

(ii) The Tamil Nadu Industrial Employment (Standing Orders) Rules, 1947; and except as respects things done or omitted to be done before such supersession, are hereby notified, as required by 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 after the expiry of a period of forty five days from the date on which the copies of the Tamil Nadu Government Gazette in which this notification is published are made available to the public; Objections and suggestions, if any, may be addressed to the Secretary to Government, Labour Welfare and Skill Development Department, Fort St. George, Chennai – 600 009 through the Commissioner of Labour, DMS Campus, Chennai – 600 006 or by e-mail - com.tnlabour@nic.in. The objection or suggestion should be sent in a proforma containing columns (i) specifying the name and address of the persons and organisations (ii) specifying the rule or sub-rule which is proposed to be modified and (iii) specifying the revised rule or sub-rule proposed to be substituted and the reasons therefor; The Objections and suggestions which may be received from any person or organisation with respect to the said draft notification before the expiry of the period specified above, will be considered by the Government of Tamil Nadu.

[1]

Ex-III 1(a)-(215)

2 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Preliminary

(iii) They shall come into force after the date of their publication in the Tamil Nadu Government Gazette.
(a) “Code” means the Industrial Relations Code, 2020 (Central Act 35 of 2020);
(d) “section” means the section of the Code;
(2) The number of members constituting the Works Committee shall be so fixed, 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 further that the number of representatives of the workers in the Works Committee shall not be less than the number of representatives of the employer therein: Provided also that there shall be adequate representation for women workers in the Works Committee.
(4) (a) Where workers of an industrial establishment are members of a registered Trade Union, the employer shall ask such Trade Union to inform him in writing as to –
(i) how many of the workers are members of such Trade Union; and
(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 Works Committee as follows:- 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; 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 workers and vice versa:
(7) (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;
(8) In the event of worker’s representative ceasing to be a member under clause (c) of sub-rule (7) 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 belonged.
(9) 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. 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.
(b) The Works Committee shall at its first meeting regulate its own procedure.
(3) The representatives of the workers shall be chosen by the registered Trade Union. In case where there is no registered Trade Union, the member may be chosen by the workers of the industrial 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 co-terminus with the tenure of the members of the registered trade union: Provided also that in the absence of a registered Trade Union, the tenure of members of the Grievance Redressal Committee shall be for a period of two years from the date of the constitution of the Committee.

(4) (a) Where workers of an industrial establishment are members of a registered Trade Union, the employer shall ask such Trade Union to inform him in writing as to –
(i) how many of the workers are members of such Trade Union;
(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 Grievance Redressal Committee as follows:-
(b) such of the workers, who are not members of the registered Trade Union, may choose amongst themselves representatives for the Committee.
1. Application in respect of any dispute to be filed before the Grievance Redressal Committee by any aggrieved worker under sub-section (5) of section 4.- Any aggrieved worker may file an application stating his dispute therein before the Grievance Redressal Committee giving his name, designation, employee Code, Department where posted, length of service in years, category of worker, address for correspondence, contact number, details of grievances and relief sought. Such application may be sent electronically or otherwise, within one year from the date on which the cause of action of such dispute arises. Provided that in case of manual receipt of such application through registered post or speed post, the Conciliation Officer shall get the same digitised and enter the particulars of the applications in the online mechanism under intimation to the concerned worker.

Chapter III

Trade Unions

(2) The payment of 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 sixty rupees per annum or any higher amount as fixed by the Government, from time to time.
(a) if the membership of the Trade Union exceeds 250 anytime during the financial year, by an auditor authorised to audit the accounts of companies under section 141 of the Companies Act, 2013 (Central Act 18 of 2013);
(b) if the membership of the Trade Union does not exceed 250 during the financial year, by any two members of the Trade Union;
(2) Where the Trade Union is a federation of unions, its accounts shall be audited by an auditor authorised to audit the accounts of companies under section 141 of the Companies Act, 2013 (Central Act 18 of 2013).
(3) Notwithstanding anything contained in this rule, 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.
(i) every payment which appears to be unauthorised by the rules of the Trade Union or contrary to the provisions of the Code;
(iii) the amount of any sum which ought to have been but not brought to account by any person.
(5) Every registered Trade Union shall maintain the following books and registers to facilitate the audit of its accounts:—
(a) Applications for membership, register of membership and subscription in Form- II;
(b) Register of receipts and disbursements of the General Fund Account;
(c) Minutes book to record the proceedings of all meeting;
(e) Machine-numbered subscription receipt book;
(g) a file of vouchers.
(2) Every application for registration of a Trade Union under section 8 of the Code shall be accompanied by an affidavit in Form-IV, declaring that the provisions of the Code with respect to registration of Trade Union is strictly followed and will be complied.
(3) The general statement of assets and liabilities shall be made as per Schedule III of Form- III. (2) All communications and notices by a registered Trade Union with respect to any change in any of the particulars of the Trade Unions or it's rules or membership shall be sent either electronically or otherwise to the Registrar to his official postal address or e-mail address within thirty days from the date of such change.

Matters in an industrial establishment having registered Trade Union for negotiation with employer for the workers employed in the industrial establishment under sub-section (1) of section 14. — The matters pertaining to workers which the negotiating union or negotiating council shall negotiate with the employer of the industrial establishment under sub-section (1) of section 14 are specified, as below, namely:-

(i) classification of grades and categories of workers;
(ii) order passed by an employer under the Standing Orders applicable in the industrial establishment;
(v) leave with wages and holidays;
(vii) quarters allotment policy for workers;
(viii) safety, health and working conditions related standards;
(ix) such other matter pertaining to conditions of service, terms of employment which are not covered in the foregoing clauses; and
(x) any other matter which is agreed between employer of the industrial establishment and negotiating union or council.

Criteria for recognising a single registered Trade Union of workers as sole negotiating Union of workers under sub-section (2) of section 14.- Where there is only one registered Trade Union operating in an industrial establishment having its members not less than thirty per cent of the total workers employed in the industrial establishment, then, the employer of such industrial establishment shall recognise such Trade Union as the sole negotiating union of the workers.

(i) has a valid registration under the Trade Unions Act, 1926 (Central Act 16 of 1926) and continuing as such or has the registration under the Code as the case may be; and
(ii) the membership of the Trade Union be confined to the particular industrial establishment only.
(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 the incumbent negotiating union or negotiating council, as the case may be, sufficiently in advance, but not later than three months before expiry of the tenure of the incumbent negotiating union or negotiating council, as the case may be.
(b) The date of reckoning shall be fixed by the employer of an industrial establishment for the purpose of verification of membership of the Trade Unions.
(e) The verification officer shall hold meeting with the representative of the 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.
(a) publication of voters list;
(c) date, time and place of counting; and
(2) The verification officer shall cause the minutes of the meeting to be prepared and signed by all participating Trade Unions. All participating Trade Unions shall be allotted symbols in the same meeting. If no decision could be taken regarding date, time, mode of voting, place of voting, allotment of symbols, date, time and place of counting and like other matters in the meeting, then, the decision of the verification officer shall be final and he shall publish the schedule, programme and procedure of such secret ballot.
(3) All workers whose names are borne on the industrial establishment on the date of reckoning, shall be eligible to cast their voting.
(4) The voter list shall be prepared by the employer of the industrial establishment on the basis of names of the workers borne on the muster roll referred to in sub-rule (3) and the voter list shall contain the name, father's name, designation, Universal Account Number (UAN), if any, and place of posting of the worker. The final voter list shall be published by the employer after obtaining the approval of verification officer and shall be displayed at notice board at the main entrance and website, if any, of the industrial establishment. A copy of such voters list shall also be sent to the participating Trade Unions by hand or by registered post or electronic mode.
(7) After final counting of votes, the result shall be declared by the verification officer. The result sheet shall contain the names of all Trade Unions which participated in the election, total number of votes polled and the number of votes cast in favour of each of the Trade Union which participated in the election.

8 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Verification report to the employer. – The verification officer shall submit verification report with results of verification of membership of the Trade Unions to the employer of industrial establishment.
Recognition of Trade Union as negotiating union or constituents of negotiating 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 constitute a negotiating council as per the provisions of sub-section (2) or sub-section (4), as the case may be, of section 14 of the Code, which shall be valid for three years from the date of recognition of the 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; Provided that tenure of the negotiating union and the negotiating council shall be decided prior to holding of secret ballot.

(b) venue and necessary facilities for holding discussions by the negotiating union or negotiating council, as the case may be, as per schedule and agenda to be settled between employer of the industrial establishment and the negotiating union or constituents of negotiating council, as the case may be;
(d) facility for entrance of the office bearers of the negotiating union or constituents of negotiating council, as the case may be, in the industrial establishment for the purposes of ascertaining the matters relating to the working conditions of the workers;
(e) Compensation of members for loss arising out of trade disputes;
(f) Allowances to members or their dependants on account of death, old age, sickness, accidents or unemployment of such members;
(i) Upkeep of a periodical published mainly for the purpose of discussing questions affecting employers or workmen as such;
(i) Payment, in furtherance of any of the objects on which the general funds of the Trade Union may be spent, of contributions to any cause intended to benefit workmen in general:

Objects of separate fund.- The separate fund of a registered Trade Union for promotion of civic or political interests under sub-section (2) of section 15, shall be utilised for the following objects, namely :-

(a) Payment of any expenses incurred, either directly or indirectly, by a candidate or prospective candidate for election as a member of any legislative body constituted under the constitution or of any local authority, before, during, or after the election in connection with his candidature or election; or
(b) Holding of any meeting or the distribution of any literature or documents in support of any such candidate or prospective candidate; or
(d) Registration of electors or the election of a candidate for any legislative body constituted under the Constitution or for any local authority; or
(a) one Trade Union and another; or
(b) one or more workers who are members of Trade Union and the Trade Union regarding registration, administration or management or election of office bearers of the Trade Union; or
(c) one or more workers who are refused admission as members and the Trade Union; or
(d) where the dispute is in respect of a Trade Union which is a federation of Trade Unions and the office bearer authorised in this behalf by the Trade Union, then, the aggrieved person may make application to the Tribunal having jurisdiction, in Form-VIII 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.

Manner of amalgamation under sub-section (2) and manner of sending signed amalgamation to the Registrar under sub-section (3) of section 24.- (1) Notice of every amalgamation shall be sent to the Registrar electronically or otherwise, in duplicate in Form-IX and where the head office of the amalgamated Trade Union is situated in a different State the same shall be sent to the Registrar of such State. (2) The Registrar if he is satisfied that the provisions of the Code in respect of amalgamation have been complied with, shall register the amalgamation and shall communicate the change in the name of the Trade Union concerned. to the Trade Union concerned.

(2) When the rules of the Trade Union do not provide for distribution of funds of the Trade Union on dissolution the Registrar, shall divide the funds in proportion to the amounts contributed by the members on roll at the time of dissolution by ways of subscription to the several funds of the Trade Union during their membership. In the event of death of a member of a Trade Union subsequent to the date of its dissolution but prior to the distribution of funds, the Registrar shall pay the sum payable to the legal representative of such member.

Manner and purpose of recognition of a Trade Union under sub-section (2) of section 27.- (1) In case a Trade Union or a federation of Trade Unions, intends to be recognised as a State Trade Union, may make an application in Form XII to the Government or an Officer authorised by the Government in this regard.

(3) If any dispute arises in relation to such recognition, the Government or the authorised officer shall refer the dispute to the Tribunal. The Tribunal shall, after giving an opportunity of hearing to the applicant decide the appeal within forty five days and the order shall be binding upon the parties.

Chapter IV

Standing Orders

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 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 the specific date from which the provisions of the model Standing Order which are relevant to his establishment have been adopted.

(2) On receipt of information under sub-rule (1), the Certifying Officer within a period of thirty days from such receipt shall require the employer to include provisions which are relevant to his establishment, if need be and indicate those relevant provisions of the model Standing Orders which have not been adopted and shall also direct the employer to amend the Standing Order so adopted, by way of addition, deletion or modification within a period of thirty days from the date of the receipt of such direction and ask for compliance report only in respect of provisions which the Certifying Officer seeks to get so amended and such report shall be sent either electronically or otherwise by the employer.
(3) If no observation is made by the Certifying Officer within a period of thirty days from the date of the receipt of the information as specified in sub-rules (1) and (2), then, the Standing Order shall be deemed to have been adopted by the employer.

Manner of choosing of representatives of workers of the industrial establishment and undertaking for issuing notice by Certifying Officer, where there is no Trade Union operating.– Where there is no such Trade Union as is referred to in clause (ii) of sub-section (5) of section 30, then, the Certifying Officer himself or any officer authorised by him shall call a meeting of the workers to choose three representatives, to whom he shall, upon their being chosen, forward a copy of the Standing Order requiring objections, if any, which the workers may desire to make to the draft Standing Order to be submitted within fifteen days from the date of receipt of the notice.

(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
(ii) draft modification in the existing Standing Orders shall contain, the particulars of such Standing Orders which are proposed to be modified along with a tabular statement containing details of each of the relevant provision of Standing Order in force and proposed modification therein and reasons thereof and such statement shall be signed by a person authorised by the industrial establishment or undertaking. Provided that the Joint draft Standing Order, shall be drafted and submitted to the Commissioner of Labour who shall, in consultation with the Certifying Officer concerned, certify or refuse to certify the joint draft Standing Order, after recording reasons therefor.

Manner of disposal of appeal by appellate authority under section 32.- (1) An employer or Trade Union or negotiating union desirous of preferring an appeal against the order of the certifying officer given under sub-section (5) of section 30 shall, within sixty days of the receipt of such order, draw up a memorandum of appeal in a tabular form stating therein the provisions of the Standing Orders which are required to be modified or deleted or added and reasons thereof and shall be filed either electronically or otherwise to the appellate authority.

(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
(c) where the appeal is filed by the representative of the workers, to the employer and any other worker whom the appellate authority includes 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.
(6) The appellate authority shall pass an order within sixty days from the date of the filing of appeal, either confirming the Standing Orders or directing the employer to modify the Standing Orders.

The language and the manner of maintaining Standing Order under sub-section (1) and (2) of section 33.- (1) 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 Tamil and English.

(d) date of certification or deemed certification or date of adoption of model Standing Order by the industrial establishment or undertaking;

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-XIV to such worker affected by such change or to the negotiating Trade Union / member of the negotiating council.

(2) The notice referred 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 concerned Manager of the industrial establishment: Provided that where there is a registered Trade Union or registered Trade Unions relating to the industrial establishment, a copy of such notice shall also be served simultaneously on the Secretary of such Trade Union or each of the Secretaries of such Unions, as the case may be.

Chapter VI

(2) The Arbitration Agreement referred to in sub-rule (1) shall be signed,-
(ii) in case of the workers, by the officer of the registered Trade Union authorised in this behalf or by three representatives of the workers duly authorised in this behalf at a meeting of the concerned workers held for such purpose;
(iii) in case of an individual worker, by the worker himself or by an officer of the 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 authorised for such purpose.

Manner of issue of notification under sub-section (5) of section 42.- Where an industrial dispute has been referred to arbitration and the Government is satisfied that the persons making the reference represent the majority of each party, it shall publish a notification in this behalf in the Tamil Nadu Government Gazette and electronically or otherwise for the information of the employers and workers who are not parties to the arbitration agreement but are concerned in the dispute and they may present their case before the arbitrator or arbitrators appointed for such purpose.
Manner of choosing representatives of workers where there is no Trade Union.- Where there is no Trade Union, the representative of workers to present their case before the arbitrator or arbitrators in pursuance of clause (c) of the proviso to sub-section (5) of section 42, shall be chosen by a resolution passed by the majority of workers and authorised in Form-XVI. Such workers shall be bound by the acts of the representatives, so authorised.

Chapter VII

Mechanism for Resolution of Industrial Disputes

Manner of filling up of vacancy under sub-section (9) of section 44, procedure for selection, salaries and allowances and other terms and conditions of Judicial Member of the Industrial Tribunal of the State under sub-sections (4) and (5) of section 44.- (1) A person shall be qualified for appointment as the Judicial Member of a Industrial Tribunal if-

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 13

(a) he is, or has been, a Judge of the High Court of Madras; or
(b) he has, for a period of not less than three years, been a District Judge or an Additional District Judge; or
(3) The Search-cum-Selection Committee shall comprise the following members, namely:-
(i) Chief Justice of the High Court of Madras or a Judge of High Court nominated by him – Chairperson;
(iii) Secretary to Government in charge of Human Resources Management Department – Member;
(iv) Secretary to Government in charge of Law Department – Member; and
(b) In case of retired High Court Judges, they shall be entitled to join Contributory Provident Fund Scheme as per rules during the period of their re-employment and additional gratuity shall not be paid for the service rendered in the Industrial Tribunal.
(12) (a) In case of serving High Court Judges, leave shall be admissible as admissible to the serving High Court Judges.
(13) (a) The Government shall be the leave sanctioning authority for the Judicial Member.
(b) If on preliminary scrutiny, the Government is of the opinion that there are reasonable grounds for making an inquiry into the truth of any misbehaviour or incapacity of a Judicial Member, it shall make a reference to the Search-Cum-Selection Committee to conduct the inquiry.
(c) The Search-Cum-Selection Committee shall complete the inquiry within six months time or such further time as may be specified by the Government.
(e) has so abused his position as to render his continuance in office prejudicial to the public interest: Provided that where a Judicial 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.
(22) Every person appointed as Judicial Member shall, before entering upon his office, make and subscribe an oath of office and secrecy in Form-XVII.
(23) Matter relating to the terms and conditions of services of the Judicial Member with respect to which no express provision has been made in these rules, shall be referred by the Industrial Tribunal to the Government for its decision, and the decision of the Government thereon shall be binding. (25) If, for any reason a permanent vacancy occurs in the office of the tribunal, the Government shall fill up the vacancy in accordance with the provisions of this Code.
(a) he is or has been a member of Indian Administrative Service with experience of handling labour related matters; or
(c) he is or has been an Additional Commissioner of Labour in the Tamil Nadu Labour Service; or
(d) he is or has been a Joint Commissioner of Labour in the Tamil Nadu Labour Service for a period of 3 years.
(3) The Search-cum-Selection Committee shall comprise the following members, namely:-
(i) The Chief Secretary to Government – Chairperson;
(ii) Secretary to Government in charge of Labour Welfare and Skill Development Department – Member;
(iii) Secretary to Government in charge of Human Resources Management Department – Member;
(iv) Secretary to Government in charge of Law Department – Member; and
(v) The Commissioner of Labour - Member
(7) In case of casual vacancy in the office of Administrative Member, the Government shall appoint the Administrative Member of any other Industrial Tribunal to officiate as Administrative Member.
(8) The Administrative Member shall be paid a salary of rupees 2,25,000/- per month or fixed by the Government, from time to time and shall be entitled to draw allowances as are admissible to an officer of the State holding Group A post carrying the same pay. In the case of retired Government Officer, his pay shall be reduced by the gross amount of pension drawn by him.
(9) (a) In the case of a 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 belong and shall be governed by the prevalent Provident Fund Rules in the State.
(b) In the case of retired Government Officer, they shall be entitled to join Contributory Provident Fund Scheme as per extant rules during period of their re-employment. Additional gratuity shall not be admissible for the service rendered by the Administrative Member in the Industrial Tribunal.
(10) The Administrative Member shall be entitled for house rent allowance at the rate as admissible to an officer of the Government holding Group A post carrying the same pay or may be allotted a suitable Government accommodation.
(11) (a) In case of serving Government Officer, leave shall be admissible in accordance with the extant rules of the service which he belongs.
(b) In case of retired Government Officer, leave shall be admissible as are admissible to an officer of the Government holding Group A post carrying the same pay.
(12) (a) The Government shall be the leave sanctioning authority for the Member.
(b) The Government shall be the sanctioning authority for foreign travel to the Administrative Member.
(14) (a) Travelling allowance to an Administrative Member shall be admissible as per the entitlement of an officer of the Government holding Group A post carrying the same pay.
(b) In the case of retired Government Officer, transfer travelling allowance for joining the State Industrial Tribunal from home town to head quarter and vice-versa at the end of assignment shall also be admissible as entitlement of an officer of the Government holding Group A post carrying the same pay.
(15) An Administrative Member shall be entitled for leave travel concession as admissible to an officer of the Government holding Group A post carrying the same pay.
(16) An Administrative Member shall be entitled for transport allowance as admissible to an officer of the Government holding Group A post carrying the same pay.
(19) An Administrative Member may, resign his office at any time by giving notice to this effect in writing under his hand addressed to the Government: Provided that the Administrative Member shall, unless he is permitted by the 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.
(20) The Government shall, on the recommendation of the Search-cum-Selection Committee, remove from office any Administrative Member, who-
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence which involves moral turpitude; or
(c) has become physically or mentally incapable of acting as such Member; or
(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as an Administrative Member; or
1. Holding of 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, –
(b) receives an application in respect to an existing industrial dispute; or then, he shall in case of clause (a) hold conciliation proceedings and inform the concerned parties, the date of sitting for such purpose and in case of clause (b) examine the application and if he finds that such dispute pertains to the jurisdiction of the Central Government, transfer the application to the concerned authority or otherwise proceed with the application and hold the conciliation in respect thereof and in case of clause (c) issue fresh notice to the parties concerned declaring his intention to commence conciliation proceedings.
(2) The employer or the workers' representative in the first meeting shall submit their respective statement in the matter of the said dispute.
(3) The conciliation officer shall hold conciliation proceedings for the purpose of bringing about a settlement of the dispute and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement.
(4) If no such settlement is arrived at in the conciliation proceedings referred to in sub-rule (1), the conciliation officer shall submit a report to the Government electronically or by registered post or by speed post or on the designated portal of the Labour Welfare and Skill Development Department of the Government within seven days from the date on which the conciliation proceedings are concluded.
(5) If a settlement of dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings, the Conciliation Officer shall, apart from sending a report thereof to the Government or an officer authorised in this behalf by the Government, send a memorandum of the settlement signed by the parties to the dispute, electronically or by registered post or by speed post or upload on the designated portal of the Labour Welfare and Skill Development Department of the Government.
(6) The report referred to in sub-rule (4) shall be sent to the parties concerned electronically or by registered post or by speed post or shall be accessible to the parties on the designated portal of the Labour Welfare and Skill Development Department of the Government.
(7) The conciliation officer shall send his report to the concerned parties and to the Government within a period of forty-five days from the date of commencement of the conciliation proceedings.
(8) All the evidences except documentary evidence, before the conciliation officer shall be filed in the form of affidavit and the opposite party shall be given opportunity to file reply thereto in the affidavit form.
(9) The report referred to in sub-rule (4) shall contain inter-alia the submissions of the employer, worker or Trade Union, as the case may be, and it shall also contain the efforts made by the conciliation officer to bring the parties to an amicable settlement, reason for refusal of the parties to resolve the dispute and the conclusion of the conciliation officer.
1. Proceedings before Tribunal.- (1) Any dispute which is not settled during the conciliation proceedings, then, either of the concerned party may make an application in Form-XVIII, before the Tribunal either electronically or by registered post or by speed post or on the designated portal of the Labour Welfare and Skill Development Department of the Government within ninety days from the date of the report under sub-rule (4) of rule 45.
(3) The Tribunal, after ascertaining that copies of statement of claim and other related documents are furnished to the other side by the party raising the dispute, shall fix the first hearing as soon as possible and within a period of one month from the date of receipt of the application and the opposite party 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 for service.
(4) Where the Tribunal finds that the party raising the dispute, despite its directions, did not forward a copy of the statement of claim and other documents to the opposite party, it shall give directions to the concerned party to furnish a copy of the statement to the opposite party, 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.
(5) Evidence shall be recorded either in Tribunal or may be filed on affidavit or recorded in the Tribunal on oath, but in the case of affidavit, the opposite party shall have the right to cross-examine each of the deponents filing the affidavit. Where the oral examination of each witness evidence proceeds, the Tribunal shall make a memorandum of the substance of what is being deposed and while recording the oral evidence, the Tribunal shall follow the procedures laid down in rule 5 of Order XVIII of the First Schedule to the Code of Civil Procedure, 1908 (Central Act 5 of 1908).
(6) 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 date of closure of evidence.
(7) 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.
(9) In case any party defaults or fails to appear at any stage, the Tribunal may proceed with the case ex-parte, and decide the application or reference, as the case may be, in the absence of the defaulting party: Provided that the Tribunal may on the application of either party filed before the submission of the award, revoke the order that the case shall proceed ex- parte, if it is satisfied that the absence of the party was on justifiable grounds, and proceed further to decide the matter as contested.
(10) The Tribunal shall communicate its award either electronically or by registered post or by speed post to the parties concerned and the Government or upload on the designated portal of the Labour Welfare and Skill Development Department of the Government within one month from the date of the award.
(11) 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 (Central Act 2 of 1974).
(13) A party to 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 either electronically or by bank draft in the Tribunal in the following manner, namely :-
(a) Fee for obtaining a copy of an award or the document filed in any proceedings of Tribunal be charged at the rate of Rs. two per page;
(c) Copying and certifying fees shall be payable electronically; and

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 19

any time between the hours of sunrise and sunset and in the case of person so authorized after giving reasonable notice in writing, may enter any building, factory, workshop, or other place or premises whatsoever, and inspect the same or any work, machinery, appliance or article therein or interrogate any person therein in respect of anything situated therein or any matter relevant to the subject matter of conciliation or adjudication, as the case may be.

Chapter VIII

Strikes and Lock-outs (2) If the employer of an industrial establishment receives from any person employed by him any notice of strike then he shall within five days from the date of receiving of such notice, intimate the same either electronically or otherwise to the concerned conciliation officer and the Commissioner of Labour. (2) If the employer gives to any person employed by him a notice of lock-out, then he shall within five days from the date of such notice, intimate electronically the same to the concerned conciliation officer and the Commissioner of Labour.

Chapter IX

Lay-off, Retrenchment and Closure

48. Notice of retrenchment under clause (c) of section 70. - If any employer desires to retrench any worker employed in his industrial establishment who has been in continuous service for not less than one year under him then, such employer shall give notice of such retrenchment, in Form-XXI to the authority notified by the Government, through e-mail or, by registered post or speed post.

Re-employment to the retrenched workers under section 72.- Where any vacancy occurs in an industrial establishment, and there are workers of such industrial establishment retrenched within one year prior to the proposal for filling up such vacancy, then, the employer of such industrial establishment shall offer an opportunity at least 10 days before by registered post or speed post and through e-mail to such retrenched workers who are citizens of India. If such workers give their willingness for employment then, the employer shall give them preference over other persons in filling up of such vacancy.

1. Notice of closure under sub-section (1) of section 74. — If an employer intends to close down an industrial establishment he shall give notice of such closure in Form-XXI to the Government and a copy thereof to the Commissioner of Labour, by e-mail and by registered post or speed post.

Chapter X

Special Provisions Relating to Lay-off, Retrenchment and Closure in Certain Establishments 52. Time-limit for review under sub-section (7) of section 78.- The Government may, either on its own motion or on the application made by the employer or any worker, review its order granting or refusing to grant permission under sub-section (4) of the section 78 within a period of thirty days from the date on which such order is made.

20 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

also be sent to both the workers and the Trade Union 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 to the industrial establishment. 54. Time-limit for review under sub-section (6) of section 79.- The Government may, either on its own motion or on the application made by the employer or any worker, review its order granting or refusing to grant permission under sub-section (3) of section 79 within a period of thirty days from the date on which such order is made. 56. Time-limit for review under sub-section (5) of section 80.- The Government may, either on its own motion or on an 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.

Chapter XI

Worker Re-Skilling Fund

(a) contribution from the Central Government or any body or authority of the Central Government; and
(b) contribution from the State Government or any body or authority of the Government.

Manner of utilisation of fund under sub-section (3) of section 83.- Every employer who has retrenched a worker under this Code, shall, within ten days of retrenching a worker shall electronically transfer an amount equivalent to fifteen days of last drawn wages of such retrenched worker in the account (name of the account shall be displayed in the website of the Labour department) to be maintained by the Conciliation Officer to each worker’s account electronically within forty five days of receipt of funds from the employer and the worker shall utilise such amount for his re-skilling. 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 such worker along with their bank account details to enable the Conciliation Officer to transfer the amount to their respective account.

Chapter XII

Offences and Penalties

Manner of composition of offence by Gazetted Officer specified under sub- section (1) of section 89 and manner of making application for compounding of offence specified under sub-section (4) of section 89.- (1) The officer notified by the Government for the purpose of compounding of offences (hereinafter referred to as the compounding officer), shall in the case of an offence in which prosecution is not instituted, and the compounding officer is of the opinion that the offence is permissible for compounding under section 89, he shall send a notice through Labour Department Portal of the Government to the accused in Form-XXIII 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 the relevant section, and the amount to be paid towards 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 Part-III of the Form duly filled by him to the compounding officer electronically and deposit the compounding amount either electronically or otherwise, within fifteen days from the date of receipt of the notice, in the account specified by the compounding officer. (3) Where 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 the provisions of section 89. (4) If the accused complies with the requirement of sub-rule (2), the Compounding officer shall allow the accused to compound the offence and-

(a) if the offence is compounded before the prosecution, then no complaint for prosecution shall be instituted against the accused; and

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) if the offence is compounded after institution of prosecution under sub-rule (3) then with the permission of the Court, 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 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 Government.

Chapter XIII

Miscellaneous

(2) The employer shall, recognise such workmen to be “protected workers” and communicate to the Trade Union, in writing, within fifteen days form the date of the receipt of the names and addresses under sub-rule (1), the list of workmen recognised as “protected workers” for the period of twelve months from the date of such communication: Provided that where the number of officers suggested for recognition as “protected workers” falls short of the number of officers for whom recognition can be given in respect of the Trade Union, the employer shall intimate the fact to the Trade Union and the Trade Union shall thereupon be entitled to select additional officers to be recognised as “protected workers”. Such selection shall be made by the Trade Union and communicated to the employer within five days from the date of receipt of the employer’s letter. On receipt of the communication, the employer shall act as specified in this sub-rule. (4) Where there is more than one registered Trade Union in the establishment, the maximum number of workmen to be recognised as “protected workers” shall be so distributed by the employer among the Trade Unions, that the number of recognised “protected workers” in the individual Trade Union bear, as nearly as possible, the same proportion to one another as the membership figures of the Trade Unions. The employer shall, in that case, intimate in writing to the Secretary or Principal Officer of the Trade Union the number of “protected workers” allotted to it. (5) When a dispute arises between the employer and any registered Trade Union in respect of matters connected with the recognition of “protected workers” under this rule, the dispute shall be referred to the concerned conciliation officer. The conciliation officer may call for and scrutinize such of the records as may be considered to be relevant and shall give the parties a reasonable opportunity of stating their case before giving a decision. The decision of the conciliation officer shall be final. 61. Manner of making complaint by an aggrieved worker under section 91.- (1) Every complaint shall be made electronically and by registered post or speed post in Form-XXIV and shall be accompanied by as many copies as there are opposite parties mentioned in the complaint. (2) Every complaint under sub-rule (1) shall be verified by the worker making the complaint or by authorised representative of the worker proved to the satisfaction of the conciliation officer, arbitrator, Tribunal, as the case may be, to be acquainted with the facts of the case. 62. Authorisation of worker or employer for representing in any proceeding under section 94.- (1) 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 authorised by such worker to represent him in any proceeding under the Code relating to a dispute to which the worker is a party in Form-XVI.

(2) Where the employer, is not a member of an association of employers, may authorise in Form-XVI 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.

22 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM- I

(see rule 3) (MEMORANDUM OF SETTLEMENT ARRIVED AT DURING CONCILIATION OR SETTLEMENT ARRIVED AT BETWEEN THE EMPLOYER AND HIS WORKERS OTHERWISE THAN IN THE COURSE OF CONCILIATION PROCEEDING) Names of Parties: Representing employer(s); Representing workers; Short recital of the case

________________________________________________________

Terms of settlement

________________________________________________________

Signature of the parties Witnesses:

(1)
(2) Signature of Conciliation Officer In case the settlement arrived at between the employer and his workers otherwise than in the course of conciliation proceeding the copy of the memorandum shall be marked to Concerned Conciliation Officer and the Commissioner of Labour.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 23

FORM-II

REGISTER OF MEMBERSHIP AND SUBSCRIPTION

[see rule 9 (5)] Subscription Paid

| (1) | Sl. No. | (2) | Token or works number | (3) | Name | (4) | Date of admission | (5) | Occupation | (6) | Rate Pay | (7) | Rate Subscription | (8) | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | | | | | January | February | March | April | May | June | July | August | September | October | November | December | | (9) | Rs. P. | | Total | | | (10) | P. Rs. | | Amount outstanding at the end of the year |

24 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM-III

APPLICATION FOR REGISTRATION OF TRADE UNION

[see rule 10(1) and (3)]

Dated the day of 20 | 1 | We hereby apply for the registration of a trade union under the name of | | --- | --- | | 2 | The address of the head office of the union is | | 3 | The union came into existence on the………day of …….. 20 . | | 4 | The union is a union of employers/workers engaged in the industry. | | 5 | A copy of the rules of the union duly subscribed as required by section 6 of the Industrial Relations Code, 2020 (Central Act 35 of 2020) is appended hereto. | | 6 | The particulars required by section 8 of the Industrial Relations Code, 2020 (Central Act 35 of 2020) are given in Schedule I. | | 7 | The particulars given in Schedule II show the provision made in the rules for the matters detailed in section 7 of the Industrial Relations Code, 2020 (Central Act 35 of 2020) | | 8 | (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 (Central Act 35 of 2020) are given in Schedule III. |

9. We have been duly authorised to make this application by* | Signed | Signature | Occupation | Address | | --- | --- | --- | --- | | 1. | | | | | 2. | | | | | 3. | | | | | 4. | | | | | 5. | | | | | 6. | | | | | 7. | | | |

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 25

State here whether the authority was given by a resolution of general meeting of the union, or if not, in what other way it was given. To the Registrar of trade unions

SCHEDULE-1.

List of office-bearers

| Title | Name | Age | Address | Occupation | | --- | --- | --- | --- | --- | | | | | | | | | | | | | | | | | | | | | | | | | NOTE.-- Enter in this Schedule the name of all members of the executive of the Union, showing in column 1 the names of any posts held by them (e.g., President, Secretary, Treasurer, etc.), in addition to their offices as members of the executive.

CERTIFICATE

Certified that none of the office-bearers of the * Trade Union has been disqualified under section 21 of the Industrial Relations Code, 2020 (Central Act 35 of 2020) for being chosen as office-bearer. Here enter the name of Trade Union. (To be signed by seven persons) | Sl. No. | Signed | | --- | --- | | (1) | | | (2) | | | (3) | | | (4) | | | (5) | | | (6) | | | (7) | |

SCHEDULE-II.

Reference to Rules

The numbers of the rules making provision for the several matters detailed in column (1) are given in column (2) below Table of Matters and Number of Rules

| Matter | Number of rules | | --- | --- | | (1) | (2) | | Name of Union | | | The whole of the objects for which the union has been established. | | | The whole of the purposes for, which the general funds of the union shall be applicable. | | | The maintenance of a list of members. | | | The facilities provided for the inspection of the list of members by office-bearers and members. | | | The admission of ordinary members. | | | The admission of honorary or temporary members. | |

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

| The conditions under which members are entitled to benefits assured by the rules. | | | --- | --- | | The conditions under which fines or forfeitures can be imposed or varied. | | | The manner in which the rules shall be amended, varied or rescinded. | | | The manner in which the members of the executive and other office-bearers of the union shall be appointed and removed. | | | The safe custody of the funds. | | | The annual audit of the accounts. | | | The facilities for the inspection of the account books by office-bearers and members. | | | The manner in which the union may be dissolved. | |

SCHEDULE-III.

[This need not be filled if the Trade Union came into existence less than one year before the date of application for registration.] Statement of Liabilities and Assets on the day of 20 | Liabilities | Rs | P. | Assets | Rs | P. | | --- | --- | --- | --- | --- | --- | | Amount of General fund. | | | Cash | | | | Amount of political fund | | | In hands of Treasurer | | | | Loans from -- | | | In hands of Secretary | | | | | | | In hands of | | | | | | | In the………..Bank | | | | | | | In the………..Bank | | | | Debts due to | | | Securities as per list below | | | | | | | Unpaid Subscriptions due | | | | | | | Loans to …………………… | | | | Other liabilities (to be specified). | | | Immovable property | | | | | | | Goods and furniture | | | | | | | Other assets (to be specified). | | | | Total Liabilities | | | Total Assets | | |

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

28 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM-IV

[see rule 10(2)]

STANDARD FORMAT OF AFFIDAVIT FOR REGISTRATION OF TRADE UNION BEFORE REGISTRAR OF TRADE

UNION, TAMIL NADU The deponents submit

1. That we have made application for the registration of Trade Union under sub- section (1) of section 6 of the Industrial Relation Code 2020 (Central Act 35 of 2020) read with Rule 10 under name .................................................. ................................................................................................................................................................................................................................................................
1. That we are duly authorised to make application for the registration of the said Trade Union.
1. That the content of application and documents attached with application are true and correct and nothing has been concealed. Signature of the deponents
1-................................................................................................................................................................................................................................................................
2-................................................................................................................................................................................................................................................................
3-................................................................................................................................................................................................................................................................
5-................................................................................................................................................................................................................................................................
6-................................................................................................................................................................................................................................................................
7-................................................................................................................................................................................................................................................................

Verification

It is verified that the contents of the aforesaid affidavit are to the best of my Knowledge and belief, true and correct. Date....../...../........(dd/mm/yy) Signature of Applicant(s)

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM-V

CERTIFICATE OF REGISTRATION OF TRADE UNION

[see rule 11] No. It is hereby certified that the has been registered under the Industrial Relations Code, 2020 (Central Act 35 of 2020) this ------------------day of ------------------20 (Seal) Registrar of Trade Unions

FORM VI

REGISTER OF TRADE UNIONS

[see rule 11(3)]

1. Serial number:
1. Date of registration:
1. (a) Names of the members making the application:
(b) Occupation of the members making the application:
(c) Address of the members making the application:
1. Name of Trade Union:
1. Address of the head office of Trade Union:
1. Date of establishment of Trade Union:
1. Office-bearers of Trade Union: Title Name Age Occupation Address
1. Signature of the Registrar:
1. (a) Whether provision has been made for a separate fund under section 15(2) and if so from what date:
(b) Initials of the Registrar:
1. (a) Date of intimation for alteration of rules:
(b) Date of registration of alteration of rules and issue of a certified copy thereof:
(c) Initials of the Registrar:
(b) Address of the Trade Union as changed:
(b) Name of the Trade Union as changed:
(c) Initials of the Registrar:
1. (a) Date of registration of amalgamation:
(b) Name of the amalgamated union:
(d) Initials of the Registrar:
1. (a) Date of application for cancellation for registration under section 9(5) (i):
(b) Date of giving notice for cancellation or withdrawal under section 9(5)(ii):
(c) Date of issue of order withdrawing or cancelling registration:
(d) Initials of the registrar:
1. (a) (1) Names of the members applying for dissolution:
(2) Occupations of the members applying for dissolution:
(3) Addresses of the members:
(c) Number and date of Registrar's proceedings ordering distribution of funds under section 25 (2), if any:
(d) Initials of the Registrar: NOTE.-- One page shall be allotted for each union.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM VII

REQUEST TO WITHDRAW OR CANCEL THE CERTIFICATE OF REGISTRATION

[see rule 12(1)]

Name of Trade Union : Registration Number : Address Date...........................................................................day of...........................................................................20........................................................................... To The Registrar of Trade Unions. Place................... The above mentioned Trade Union desires that the Certificate of Registration may be withdrawn (or cancelled) and at a general meeting () duly held on the……………… day of 20… it was resolved as follows:— (Here give exact copy of Resolution) Secretary. (Signed) 1 (Signed )2 (Signed) 3 (Signed) 4 (Signed) 5 (Signed) 6 (Signed) 7 Members. We hereby declare that what is stated herein is true to the best of our knowledge and belief. (Signed) 1 Secretary. (Signed) 2 (Signed) 3 (Signed) 4 (Signed) 5 (Signed) 6 (Signed) 7 Members. [^() If not at a general meeting state in what manner the request has been determined upon.]

32 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM-VIII

APPLICATION FOR ADJUDICATION

[see rule 24]

Before the Industrial Tribunal ........................................... (Name and Place) where dispute arises between

(A) Name and Address and Applicant(s) Versus
(B) Name and Address of Opposite Party(ies) Over the matter (statement regarding specific issues of dispute may be mentioned) which are connected with relevant to the dispute under sub section (1) of Section 22 of Industrial Relation Code, 2020(Central Act 35 of 2020). The applicant(s) prays that instant application may please be admitted for adjudication and request to pass appropriate award in the matter. Name and signature of the worker(s) or Officer of Trade Union raising the dispute Place .................................. Date ..................................

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM IX

NOTICE OF AMALGAMATION OF TRADE UNION

[see rule 25]

a. Name of Registered Trade Union and the Number of Registration :
b. Name of Registered Trade Union and the Number of Registration (and so on if more than two) : Address.................................................................. Date this................ day of............... To. The Registrar of Trade Unions Place................................................................................................................................................................................................................................................................ Notice is hereby given that in accordance with the requirements of Section 24 of the Industrial Relations Code, 2020 (Central Act 35 of 2020) the members of each for (or every one) of the above mentioned Trade Unions have resolved to become amalgamated together as one Trade Union. And that the following are the terms of the said amalgamation (State the terms). And that it is intended that the Trade Union shall henceforth be called as ------------------ Accompanying this notice is a copy of the rules intended to be henceforth adopted by the amalgamated Trade Union which are the rules (if so) of the Trade Union. (To be signed by seven members and the Secretary of each Trade Union.) (Signed) 1 (Signed) 2 (Signed) 3 (Signed) 4 (Signed) 5 (Signed) 6 (Signed) 7 (Name and address to which registered copy is to be sent)

34 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM X

NOTICE OF THE DISSOLUTION OF A TRADE UNION

[see rule 26(1)]

Name of Trade Union Registration No. Address Dated this the........ 20........ To The Registrar of Trade Unions, Place........................................................................ Notice is hereby given that the above mentioned Trade Union was dissolved in pursuance of the Rules thereof on the…………………………… day of……………… 20……………… We have been duly authorised by the Trade Union to forward this notice on its behalf, such authorisation consisting of a resolution passed at a general meeting on the day of 20 (Signed) 1 Secretary. (Signed) 2 (Signed) 3 (Signed) 4 (Signed) 5 (Signed) 6 Members (Signed) 7 [^* Here insert the date, or if there was no such resolution state in what other way the authorisation was given.] Encl: Original Registration Certificate.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM XI

ANNUAL RETURNS FOR THE YEAR ENDING 31ST DECEMBER, 20....

[see rule 9(4) and 27(1)]

PART A

| 1. | Name of the Trade Union/Federation. | | | | | --- | --- | --- | --- | --- | | 2. | Address of the Trade Union/Federation. | | | | | 3. | Registered Head Office. | | | | | 4. | Number and date of certificate of registration. | | | | | 5. | Classification of Industry | | | | | 6. | Classification of Sector [please state to which of the following four categories the union belongs (a) Public Sector — Central Sphere, (b) Public Sector — State Sphere, (c) Private Sector — Central Sphere and (d) Private Sector — State Sphere.] | | | | | 7. | Name of the All India Body/ Federation to which affiliated. | | | | | 8. | Affiliation number. | | | | | 9. | Membership fee per month/per quarter/per half-year/per year. | | | | | | | Male | Female | Total | | 10. | Number of members / Trade Unions on books at the beginning of the year. | | | | | 11. | Number of Members/ Trade Unions admitted during the year. | | | | | 12. | Number of members/ Trade Unions who left during the year. | | | | | 13. | Number of members/ Trade Unions on books at the end of the year (i.e. on 31st March, 20......). | | | | | 14. | Number of members/ Trade Unions contributing to political fund. | | | | | 15. | Number of members/ Trade Unions who paid their subscription for the whole year (list enclosed). | | | | | 16. | A copy of the rules of the Trade Union corrected upto the date of despatch of this return is appended. | | | | | 17. | Part B of the return overleaf has been duly completed. | | | | Secretary. [^If the union falls under more than one category, the membership claimed in each category may be shown separately.]

36 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART B

Income and Expenditure Account

| Income | | Expenditure | | | --- | --- | --- | --- | | | Rs. .P | | Rs. .P | | Balance at beginning of Year Subscription from members (including unpaid subscriptions due for the year) (a) Subscription received (b) Subscription in arrears for three months or less (c) Subscription in arrears for more than three months. Donations Sales of periodicals, books, rules, etc. Interest on investments Income from miscellaneous sources (to be specified). | | Salaries and allowances of -- office- bearers Travelling allowance, salaries, allowances and expenses of establishments. Auditor's fees Legal expenses Expenses in conducting trade disputes Compensation paid to members for loss arising out of trade disputes -- Funeral, old age, sickness, unemployment benefits, etc. Educational, Social and religious benefits. Cost of publishing periodicals, Rents, rates and taxes -- Stationery, printing and postage Expenses incurred under section 15 (j) of the Trade Unions Act, 1926 (to be specified). Other expenses (to be specified). Balance at the end of year | | | Total | | Total | |

PART C

Political Fund Account

Balance at beginning of year Rs. P Payments made on objects Specified in Rule 24(2) (to be specified) Rs. P
Contributions from members at per member Expenses of management (to be fully specified) Balance at end of year.
Total Total Treasurer

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART D

Statement of Liabilities and Assets on the 31st day of March. 20

| Liabilities | | Assets | | | --- | --- | --- | --- | | | Rs. P | | Rs. P | | Amount of general Fund Amount of political Fund Loans from Debts dues to Other Liabilities (to be specified) | | Cash In hands of Treasurer In hands of Secretary In hands of In the ..........Bank In the ..........Bank Securities as per list below Unpaid subscriptions due for —(a) the year *(b) previous year Loans to (a) Office-bearers (b) Member (c) Others Immovable property Goods and furniture Other assets (to be specified) | | | Total liabilities | | Total assets | |

PART E

List of Securities

| Particulars | Face value | Cost price | Market price at date on which accounts have been made up | In hands of | | --- | --- | --- | --- | --- | | (1) | (2) | (3) | (4) | (5) | | | | | | | | | | | | | Treasurer.

38 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

AUDITOR'S REPORT

I have audited the foregoing —General Fund Account, in Part B and the Political Fund Account in Part C of the (name of the Trade Union) for the ending and also the statements of Liabilities and Assets in Part D and the List of Securities in Part E of the said Trade Union as on and report that -

(i) I have obtained all the information and explanations and have had access to all the books and accounts of the Trade Union which were necessary for the purpose of my audit;
(ii) The Trade Union has properly maintained its membership register and its books of accounts as required by law;
(iii) (Subject to whatever remarks or qualifications the auditor wants to make). In my opinion and to the best of my information and according to the explanations given to me, the foregoing accounts, statements and lists have been properly drawn up and they give a true and correct view of income and expenditure, assets and liabilities of the Trade Union. NOTE :- If the state of account is such that the Auditor is unable to express the opinion on the “true and correct” aspect of the accounts, statement and the list, he should state his reasons therefor. Auditor

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM XII

(see_rule 28(1))

APPLICATION FOR RECOGNITION AS A STATE LEVEL TRADE UNION

Name of the Trade union / Federation of Trade Unions................................................................................................................................................................................................................................................................ Address................................................................................................................................................................................................................................................................ Dated the .....................day of.................... 20..... To. The Secretary to the Government, Labour Welfare and Skill Development Department, Government of Tamil Nadu (or) The Authorized Officer (Designation) Dear Sir, I am 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 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 (Central Act 35 of 2020). A copy of the resolution in this behalf signed by the President/Chairman of the Trade Union is enclosed.

2. The Trade Union is duly registered on the ______________________ day of _________ year, under Certificate No. _________________________ issued by the Registrar of Trade Unions, (Place).
1. A copy of the rules of the Trade Union is attached.
1. The address of the head office of the Trade Union to which all the communications may be addressed is............................................
1. The Trade Union has affiliation of other trade unions in the state, list of such trade unions and their addresses, registration details and membership etc. is attached herewith.
1. The Trade Union has total ....................members (number) in the state (District Wise , Trade Union wise membership) Yours faithfully, General Secretary/Secretary.

40 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM XIII

REGISTER FOR CERTIFIED STANDING ORDERS

[see rule 36(1)] Name of the Region ........................................................................... Name of the District …………………………… Unique No: | | | | | | | | | | | | | Subsequent Modification | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Serial Number | Name of the Applicant | Name and address of the Industrial Establishment | Nature/Classification of Industrial Establishment | Number of workmen in the establishment | Areas of operation of the Industrial Establishment | Name and address of the Trade union or repre- sentatives of workmen | Number of members of Trade Union belonging to the establishment | Date of adoption of Model Standing order | Date of Certification/Deemed Certification of Standing Order | Other details | Remarks | Modification | | | Modification | | | Modification | | | Modification | | | | | | | | | | | | | | | | Date of Sanction | Modifications made (in brief) | Date of Application | Date of Sanction | Modifications made (in brief) | Date of Application | Date of Sanction | Modifications made (in brief) | Date of Application | Date of Sanction | Modifications made (in brief) | Date of Application | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) | (10) | (11) | (12) | (13) | (14) | (15) | (16) | (17) | (18) | (19) | (20) | (21) | (22) | (23) | (24) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 41

FORM-XIV

NOTICE OF CHANGE OF SERVICE CONDITIONS PROPOSED BY AN EMPLOYER

[see rule 38(1)] Name of employer................................................................................................................................................................................................................................................................ Address................................................................................................................................................................................................................................................................ Dated the ________________________ day of ________________________ 20_________________ In accordance with section 40(1) of Industrial Relation Code, 2020 (Central Act 35 of 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 the said Code. Signature........................................................................ Designation ..................

ANNEXURE

(Here specify the change/changes intended to be effected)

Copy forwarded to:

(1) The Secretary of registered Trade Union, if any.
(2) The Conciliation Officer of the Concerned area.

42 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM -XV

(AGREEMENT FOR VOLUNTARY ARBITRATION)

[see rule 39(1)]

BETWEEN ...................Name of the parties representing employer (s) And Representing worker It is hereby agreed between the parties to refer the following dispute to the arbitration of ....................... [here specify the name(s) and address(es) of the arbitrator(s).

(i) Specific matters in dispute.
(ii) Details of the parties to the dispute including the name and address of the Industrial establishment or undertaking involved.
(iii) Name of the worker in case he himself is involved in the dispute or the name of the Trade Union, if any, representing the worker or workers in question.
(iv) Total number of workers employed in the industrial establishments affected.
(v) Estimated number of workers affected or likely to be affected by the dispute. We further agree that the majority decision of the arbitrators shall be binding on us. In case, the arbitrators are equally divided in their opinion they shall appoint another person as umpire whose award shall be binding on us. The arbitrator (s) shall make his (their) award within a period of .................... (here specify the period agreed upon by the parties) from the date of publication of this agreement in the Official Gazette by the State Government or within such further time as is extended by mutual agreement between us in writing. In case, the award is not made within the period afore mentioned, the reference to the arbitration shall stand automatically cancelled and we shall be free to negotiate for fresh arbitrator. Signature of the parties [Representing employer] Representing worker/ workers. Witnesses
1. ................................................................................................................................................................................................................................................................
1. ................................................................................................................................................................................................................................................................
Copy to: (i) The Conciliation Officer [here enter office address of the Conciliation Officer for the area concerned].
(ii) The Secretary, Labour welfare and Skill Development Department, Government of Tamil Nadu.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 43

FORM-XVI

(see rules 41, 62(1) and 62(2))

(AUTHORISATION BY A WORKER, GROUP OF WORKERS, EMPLOYER, GROUP OF EMPLOYERS TO BE REPRESENTED IN A PROCEEDING).

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 Thiru / Thiruvalargal (if representatives are more than one) 1...........2...............3 to represent me/us in the above matter. Dated this.....................day of.....................20..................... Accepted Signature of person(s) nominating the representative(s)

44 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM- XVII

[see rules 42(22) and 43(21)]

FORM OF OATH OF OFFICE FOR JUDICIAL MEMBER / ADMINISTRATIVE MEMBER (WHICHEVER IS APPLICABLE)

OF STATE INDUSTRIAL TRIBUNAL I, A, B., having been appointed as Judicial Member / Administrative Member of State Industrial Tribunal (Name of the Tribunal) do solemnly affirm / do swear in the name of God that I will faithfully and conscientiously discharge my duties as the Judicial Member/Administrative Member of the State 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:

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 45

FORM-XVIII

[see rule 45(1)]

(APPLICATION TO BE SUBMITTED BEFORE THE TRIBUNAL IN THE MATTER NOT SETTLED BY

THE CONCILIATION OFFICER) Before................... (here mention the name of the Industrial Tribunal having jurisdiction over the area) In the matter of :........................................................................Applicant Address................................................................................................................................................................................................................................................................ Versus Opposite party (ies) 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. Place ................ Date ................

46 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Form-XIX

(see rule 46)

(NOTICE OF STRIKE TO BE GIVEN BY TRADE UNION (NAME OF UNION) / GROUP OF WORKERS)

Name of five elected representatives of workers................................................................................................................................................................................................................................................................ Dated the................day of................20................ To (The name of the employer). Dear Sir/Sirs, In accordance with the provisions contained in sub-section (1) of section 62 of the Industrial Relations Code, 2020 (Central Act 35 of 2020), I / We hereby give you notice that I / we propose to call a strike / we propose to go on strike on …………20….. , for the reasons explained in the annexure. Yours faithfully, (Secretary of the Trade Union) Five representatives of the workers duly elected at a meeting held on .........................(date),vide resolution attached.

ANNEXURE

STATEMENT OF THE CASE

Copy to:

(1) Conciliation Officer of the Concerned area.
(2) The Commissioner of Labour.
(3) The Secretary, Labour Welfare and Skill Development Department, Government of Tamil Nadu.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM-XX

(see rule 47)

(NOTICE OF LOCK-OUT TO BE GIVEN BY AN EMPLOYER OF AN INDUSTRIAL ESTABLISHMENT)

Name of employer ................................................................................................................................................................................................................................................................ Address................................................................................................................................................................................................................................................................ Dated the................day of................20................ In accordance with the provisions of 62(2) of the Industrial Relations Code, 2020 (Central Act 35 of 2020), 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

Copy forwarded to:

(1) The Secretary of the Registered Trade Union, if any
(2) Conciliation officer [Here enter office address of the concerned area.]
(3) The Commissioner of Labour, Chennai – 600 006.
(4) The Secretary, Labour Welfare and Skill Development Department, Government of Tamil Nadu.

48 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Form-XXI

(see rules 48 and 50)

(NOTICE OF INTIMATION OF RETRENCHMENT / CLOSURE TO BE GIVEN BY AN EMPLOYER TO THE GOVERNMENT)

( To be submitted online. In case of exigencies, on paper in the prescribed format below) Name of Industrial Establishment /Undertaking/ Employer............................................................................. Address................................................................................................................................................................................................................................................................ Dated........................................................................ (Note: The intimation for Closure/Retrenchment to the State Government shall be served 60 days and 30 days before commencement of Closure and Retrenchment, respectively) To The Secretary, Labour Welfare and Skill Development Department, Chennai.

1. (Retrenchment) (a) under section 70(c) of the Industrial Relations Code, 2020 (Central Act 35 of 2020), // we hereby intimate you that I/we have decided to retrench………………… workers** out of a total of ……………… Workers** with effect from………………… (DD/MM/YYYY) or (Closure) (b) under section 74(1) of the Industrial Relations Code, 2020 (Central Act 35 of 2020), I / we hereby intimate you that I/we* have decided to close down……………………………………… (Name of the industrial establishment or undertaking) with effect from……………………………………… (DD/MM/YYYY). The number of workers whose services would be terminated on account of the closure of the undertaking is………………… (number of workers)
1. The reason for Retrenchment / Closure is ................................................................................................................................................................................................................................................................
1. The worker(s) concerned were given on the......................... (DD/MM/YYYY) one month's notice in writing as required under section70(a)/ section 75(1)* of the Industrial Relations Code, 2020 (Central Act 35 of 2020). or

The worker(s) concerned have been given on the.................... (DD/MM/YYYY) one month's pay in lieu of the notice as required under section 70(a)* / section 75(1)* of the Industrial Relations Code, 2020 (Central Act 35 of 2020).

1. I/We* hereby declare that the worker(s) concerned have been*/will be* paid all their dues along with the compensation due to them under section 70* / section 75* of the Industrial Relations Code, 2020 (Central Act 35 of 2020) before or on the expiry of the notice period. or I / We hereby state that currently Insolvency proceedings are on in respect of the said Industrial Establishment/Undertaking/ Employer, and that I I/we will pay all the dues along with the compensation due to them under concerned laws.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 49

1. (Retrenchment) I/we* hereby declare that the worker(s) concerned have been* / will be* retrenched in compliance to the Section 71 and section 72 of the Industrial Relations Code, 2020 (Central Act 35 of 2020).
1. I*/ we* hereby declare that no court case is pending before any Court in the matter, and if yes, the details thereof have been annexed.
1. I*/ we* hereby declare that the above information given by me*/us* in this notice and the Annexures is true, I*/ we* am*/ are* solely responsible for its accuracy and no facts/ materials has been suppressed in the matter. Yours faithfully, (Name of Employer/ ***Authorized Representative with Seal)
(* Strike off which is not applicable.)
(** Indicate number in figures and words both)
(Copy of Authorization letter issued by the employer shall be enclosed) Copy to :
(1) Conciliation Officer of the Concerned area.
(2) Registered Trade Unions / Authorised Representative of workers operating in the establishment of undertaking.

50 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM – XXII

(see rules 51, 53 and 55)

[APPLICATION FOR PERMISSION OF LAY-OFF OR RETRENCHMENT OR CLOSURE]

(To be submitted online. In case of exigencies, on paper in the prescribed format below) Name of Industrial Establishment or Undertaking or Employer............................................................................. Address................................................................................................................................................................................................................................................................ Dated................ (Note: The application to the State Government shall be served as indicated below: Lay-off: at least 15 days before the intended Lay-off. Retrenchment – at least 60 days before the intended date of Retrenchment. Closure – at least 90 days before the intended date of Closure) To The Secretary, Labour Welfare and Skill Development Department, Chennai.

1. (Lay-off) (a) Under section 78(2) of the Industrial Relations Code, 2020 (Central Act 35 of 2020) I we hereby apply for permission to lay-off _________ workers* out of total of ___________ workers** employed in my* /our* establishment (details to be given in Annexure-I) with effect from ___________ (DD/MM/YYYY) or

(Retrenchment) (c) Under section 79(2) of the Industrial Relations Code, 2020, (Central Act 35 of 2020) I /we hereby apply for permission for intended retrenchment of……………… workers out of total of ………… workers** employed in my*/our* establishment (details to be given in Annexure-I) with effect from ………… (DD/MM/YYYY). or
(Closure) (d) Under section 80(1) of the Industrial Relations Code, 2020, (Central Act 35 of 2020) I/we* hereby inform you that I/we* intended to close down the undertaking………………………………………(name of the industrial establishment or undertaking or employer) (details to be given in Annexure-1) with effect from……………………………(DD/MM/YYYY). The number of workers whose services would be terminated on account of the closure of the undertaking is……………………………(number of workers)

1. - (Lay-off) The worker(s) concerned were given on ……………… (DD/MM/YYYY) notice in writing as required under section 78(2)* / section 78(3)* of the Industrial Relations Code, 2020 (Central Act 35 of 2020). or (Retrenchment/ Closure) The worker(s) concerned were given on.................. (DD/MM/YYYY) one month's notice in writing as required under section 79/ section 80* of the Industrial Relations Code, 2020 (Central Act 35 of 2020). or (Retrenchment/ Closure) The worker(s) have been given on............ (DD/MM/YYYY) one month's pay in lieu of notice as required under section 79/ section 80* of the Industrial Relations Code, 2020 (Central Act 35 of 2020).
1. The details of affected worker(s) is at Annexure II.
1. (Retrenchment) I*/we* hereby declare that the workers concerned will be retrenched in compliance to the Section 71 and section 72 of the Industrial Relations Code, 2020 (Central Act 35 of 2020).
1. I/We hereby declare that the worker(s) concerned have been*/will be* paid all the dues and compensation due to them under section 67, read with section 78(10)/ section 79/ section 80* of this Code before or on the expiry of the notice period. or We hereby state that currently Insolvency proceedings are on in respect of the said Industrial Establishment/Undertaking/ Employer, and that I/we* will pay all the dues along with the compensation due to them under concerned laws.*

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

1. I/ we* hereby declare that no court case is pending before any Court in the matter, and if yes, the details thereof have been Annexed.
1. I/ we hereby declare that the above information given by me/ us* in this notice and enclosures is/ are* true, I/ we am/ are solely responsible for its accuracy and no facts/ materials has been suppressed in the matter. The permission sought for may please be granted. Yours faithfully, (Name of Employer/ Authorised Representative with Seal) ( Strike off which is not applicable.) ( Indicate number in figures and word both) (Copy of Authorization letter issued by the employer shall be enclosed)

ANNEXURE I

(Please give replies against each item)

1 Name of the undertaking with complete postal address, email, mobile and land line.
2 Status of undertaking— (i) Whether Central public sector/State public sector/ etc, (ii) Whether a private limited company/ partnership firm/ partnership firm (ii) Whether the undertaking is Licensed/registered and, if so, name of licensing/ registration authority and licence/registration certificate numbers.
3 (a) MCA Number
(b) GSTN Number
4 (i) Annual production, item wise for preceding three years- (ii) Production figures, month-wise, for the preceding twelve months,
5 Audit report of establishment/ undertaking including Balance sheets, profit and loss accounts for the last three years. To be annexed
6 Names of the inter-connected companies or companies under the same management.
7 Details of lay-off/ Retrenchment resorted to in the last three years including the periods of such lay-offs/ Retrenchment the number of workmen involved in each such lay-off/ Retrenchment / continuation of lay off
8 Any other relevant details which have bearing on lay-off/ continuation of lay off/ retrenchment/ closure.

52 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

ANNEXURE II

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

(1) The Commissioner of Labour
(2) Conciliation Officer of Concerned Jurisdiction.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 53

FORM –XXIII

(see rule 59)

NOTICE TO THE EMPLOYER WHO COMMITTED AN OFFENCE

The undersigned and the Compounding Officer under sub-section (1) of section 89 of the Industrial Relation Code, 2020 (Central Act 35 of 2020) hereby intimates that the allegation has been made against you for committing offence for the violation of various provision of the Code as per the details given below:-

PART - I

1. Name and Address of the offender Employer-

Address of the Establishment ...........................................................................................................................................

1. Particulars of the offence

Section of the Code under which the offence is committed

……………………………………………………………………

6. Compounding amount required to be paid towards composition of the offence................................................................................................................................................................................................................................................................................................................................................................................................................................................................

PART – II

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 Relations Code, 2020 (Central Act 35 of 2020)along with an application duly filled in part – III of this notice. In case you fail to deposit the said amount within the specified time, no further opportunity shall be given and necessary direction for filing of prosecution under section----- shall be issued. (Signature of the Compounding Officer) Place: Date:

54 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART - III

APPLICATION UNDER SUB-SECTION (4) OF SECTION 89 FOR COMPOUNDING OF OFFENCE

1. Name of applicant (name of the employer who committed the offence under the Industrial Relation Code, 2020 (Central Act 35 of 2020) to be mentioned...................................................
1. Address of the applicant ................................................................................................................................................................................................................................................................
1. Particulars of the offence
1. Section of the Code under which the offence has been committed

................................................................................................................................................................................................................................................................................................................................................................................................................................................................

5. Details of the compounding amount deposited (electronically generated receipt to be attached)................................................................................................................................................................................................................................................................................................................................................................................................................................................................
1. Details of the prosecution, if filed for the violation of above mentioned offences may be given ................................................................................................................................................................................................................................................................................................................................................................................................................................................................
1. Whether the offence is first offence or the applicant had committed any other offence prior to this offence, if committed, then, full details of the offence

...........................................................................................................................................

...........

8. Any other information which the applicant desires to provide Applicant (Name and signature) Place: Date:

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 55

FORM –XXIV

(see rule 61)

(COMPLAINT)

Before the Conciliation officer/ Arbitrator / Tribunal........... , In the matter of :……………………………………… Reference No……………………………………………… A.…………………………… Complainant(s); Versus B............................ Opposite Party(ies). Address: The petitioner(s) begs/beg to complain that the Opposite Party(ies) has/have been guilty of a contravention of the provisions of section 90 of the Industrial Relation Code, 2020 (Central Act 35 of 2020) as shown below: (Here set out briefly the particulars showing the manner in which the alleged contravention has taken place and the grounds on which the order or act of the management is challenged.) The complainant(s) accordingly prays/pray that the Conciliation officer/ Arbitrator or Industrial Tribunal may be pleased to decide the complaint set out above and pass such order or orders thereon as it may deem fit and proper. The number of copies of the complaint and its annexure required under section 91 of the Industrial Relation Code, 2020 (Central Act 35 of 2020) are submitted herewith. Dated this.............day of.............20

Signature of the Complainant(s)

Verification

I do solemnly declare that what is stated in paragraph above is true to my knowledge and that what is stated in paragraphs....... above is stated upon information received and believed by me to be true. This verification is signed by me at.................. on ...........day of...................20..................... Signature or Thumb impression of the person verifying. R. KIRLOSH KUMAR, Secretary to Government.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI ON BEHALF OF THE GOVERNMENT OF TAMIL NADU

Tamil Nadu Industrial Relations Draft Rules

Full rule text

Central Emblem

Part III—Section 1(a)

NOTIFICATIONS BY GOVERNMENT

No. SRO A- 8(b)/2022.

Preliminary

Chapter III

Chapter IV

Standing Orders

Chapter VI

Chapter VII

Mechanism for Resolution of Industrial Disputes

Chapter VIII

Chapter IX

Chapter X

Chapter XI

Worker Re-Skilling Fund

Chapter XII

Offences and Penalties

Chapter XIII

Miscellaneous

FORM- I

FORM-II

REGISTER OF MEMBERSHIP AND SUBSCRIPTION

FORM-III

APPLICATION FOR REGISTRATION OF TRADE UNION

[see rule 10(1) and (3)]

SCHEDULE-1.

List of office-bearers

CERTIFICATE

SCHEDULE-II.

Reference to Rules

SCHEDULE-III.

FORM-IV

STANDARD FORMAT OF AFFIDAVIT FOR REGISTRATION OF TRADE UNION BEFORE REGISTRAR OF TRADE

Verification

FORM-V

CERTIFICATE OF REGISTRATION OF TRADE UNION

FORM VI

REGISTER OF TRADE UNIONS

FORM VII

REQUEST TO WITHDRAW OR CANCEL THE CERTIFICATE OF REGISTRATION

[see rule 12(1)]

FORM-VIII

APPLICATION FOR ADJUDICATION

[see rule 24]

FORM IX

NOTICE OF AMALGAMATION OF TRADE UNION

[see rule 25]

FORM X

NOTICE OF THE DISSOLUTION OF A TRADE UNION

[see rule 26(1)]

FORM XI

ANNUAL RETURNS FOR THE YEAR ENDING 31ST DECEMBER, 20....

PART A

PART B

Income and Expenditure Account

PART C

Political Fund Account

PART D

Statement of Liabilities and Assets on the 31st day of March. 20

PART E

List of Securities

AUDITOR'S REPORT

FORM XII

(see_rule 28(1))

APPLICATION FOR RECOGNITION AS A STATE LEVEL TRADE UNION

FORM XIII

REGISTER FOR CERTIFIED STANDING ORDERS

FORM-XIV

NOTICE OF CHANGE OF SERVICE CONDITIONS PROPOSED BY AN EMPLOYER

ANNEXURE

Copy forwarded to:

FORM -XV

[see rule 39(1)]

FORM-XVI

(AUTHORISATION BY A WORKER, GROUP OF WORKERS, EMPLOYER, GROUP OF EMPLOYERS TO BE REPRESENTED IN A PROCEEDING).

FORM- XVII

FORM OF OATH OF OFFICE FOR JUDICIAL MEMBER / ADMINISTRATIVE MEMBER (WHICHEVER IS APPLICABLE)