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GOVERNMENT OF KARNATAKA

NO: LD 1 LET 2021

Karnataka Government Secretariat,

Vikasa Soudha,

Bangalore, dated: 23/01/2026

NOTIFICATION

Whereas, the draft of the Industrial Relations (Karnataka) Rules, 2021 which the

Government of Karnataka proposed to make in exercise of the powers conferred by

Section 99 of the Industrial Relations Code, 2020 (35 of 2020) was published as

required by sub-section (1) of the said section for the information of all the persons

likely to be effected in Notification No: LD 01 LET dated, 03.05.2021 in Part- IV- A

of Karnataka Gazette dated 05.05.2021, inviting objections and suggestions from all

the persons likely to be effected thereby within the period of thirty days from the date

of publication of the said Notification in the Gazette.

And whereas, the said Gazette was made available to the public dated

05.05.2021

And whereas, the objections and suggestions received on the said draft rules was

considered.

Now therefore, in exercise of powers conferred by Section 99 of the Industrial

Relations Code, 2020 (35 of 2020) the Government of Karnataka hereby published as

required by Section 99 of the Industrial Relations Code, 2020, the Government of

Karnataka hereby publishes the draft of the Industrial Relations (Karnataka) Rules,

2026 for the information of all the persons likely to be affected thereby and notice is

hereby given that the said draft will be taken into consideration after the expiry of forty

five days from the date of its publication in the Official Gazette.

Any objection or suggestion which may be received by the State Government from

any person with respect to the said draft before the expiry of the period specified above

¨sÁUÀ – 4ಎ

Part – IVA

, 23

, 2026(

೧೯೪7)

BENGALURU, FRIDAY, 23, JANUARY, 2026( MAGHA, 03, SHAKAVARSHA,, 1947)

. 97

No. 97

will be considered by the State Government. Objections and suggestions may be

addressed to the Secretary to Government, Labour Department, Vikasa Soudha, Dr.

B.R. Ambedkar Veedhi, Bengaluru.

CHAPTER I

PRELIMINARY

1. Title and commencement.-(1) These rules may be called the Industrial Relations

(Karnataka) Rules, 2026.

(2)They shall come into force on the date of their final publication in the Official

Gazette.

2. Definitions.-(1) In these rules, unless the context otherwise requires,-

(a) “Code” means the Industrial Relations Code, 2020 (Central Act, 35 of 2020);

(b) “Electronically" means any information submitted by email or uploading on

the designated portal or digital payment in any mode for the purpose of Code;

(d) “Section” means section of the Code;

(e) “Similar

industrial

establishment”

means

class

industrial

establishments recognized to be similar on factors like the nature of activity

performed by the industrial establishment or any other deemed appropriate by

the State Government; and

(f) "State Government” means the Government of Karnataka.

(2) All other words and expressions used in these rules but not defined herein shall

have the same meaning as respectively assigned to them under the Code.

3. Written Agreement for the settlement under clause (zi) of section 2.- The

written agreement under clause (zi) of Section 2 between the employer and the worker

in the course of conciliation proceeding shall be in Form-I. In case of written

agreement otherwise than in the course of conciliation shall be in Form-I-A and it shall

be signed by the parties to the agreement and a copy thereof shall be sent to the

concerned Conciliation Officer.

CHAPTER II

BI-PARTITE FORUMS

4. Constitution of Works Committee under sub-section (1) of section 3.-

(1) Every employer upon general or special order issued by the State Government under

sub-section (1) of section 3 relates, shall forthwith proceed to constitute a Works

Committee.

(2) The number of members constituting the Works Committee shall be fixed so as to

afford representation to the various categories, groups and class of workers engaged in,

and to the sections, shops or departments of the establishment:

Provided that the total number of members of the Works Committee shall not

exceed twenty:

(3) Subject to the provisions of this rule, the representatives of the employer in the

Works Committee shall be nominated by the employer and shall, as far as may be

possible, be officials in direct touch with, or associated with, the working of the

industrial establishment.

(4) (a) Where any workers of the industrial establishment are members of a registered

Trade Union, the employer shall ask such Trade Union to inform him in writing as to

how many of the workers are members of such Trade Union; and

(b) Where an employer has reason to believe that the information furnished to

him under clause (a) by the registered Trade Union is false, he may, after informing

such Trade Union, refer the matter to the Labour Commissioner or any other officer

nominated by him, not below the rank of a Deputy Labour Commissioner, in writing,

who shall, after hearing the parties, shall decide the matter and his decision shall be

final.

(5) On receipt of the information called for under sub-rule (4), the employer shall

provide for the selection of worker’s representative on the Works Committee in two

following groups, namely:-

(a) Registered Trade Union may choose their representatives as members for

works committee in the proportion of their membership.

(b) Where there is no registered Trade union, workers may choose amongst

themselves representatives for works committee.

(6) (a) The Works Committee shall choose among its office-bearers a Chairman, a

Vice- Chairman, a Secretary and a Joint-Secretary. The Secretary and the Joint-

Secretary shall be elected every year.

(b) The Chairman shall be nominated by the employer from amongst the

employer’s representatives on the Works Committee and he shall, as far as possible, be

the head of the industrial relations;

representing the workers, from amongst themselves:

Provided that in the event of equality of votes in the election of the Vice-

Chairman, the matter shall be decided by draw of a lot:

(d) The Works Committee shall elect the Secretary and the Joint Secretary provided

that where the Secretary is elected from amongst the representatives of the employers,

the Joint Secretary shall be elected from amongst the representatives of the worker and

vice versa:

Provided that the post of the Secretary or the Joint Secretary, as the case may be,

shall not be held by a representative of the employer or the worker for two consecutive

years:

Provided that the representatives of the employer shall not take part in the election

of the Secretary or Joint Secretary, as the case may be, from amongst the

representatives of the worker and only the representatives of the worker shall be

entitled to vote in such elections.

(e) In any election under clause (d), in the event of equality of votes, the matter

shall be decided by a draw of lot.

(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;

(b) A member chosen to fill a casual vacancy shall hold office for the unexpired

term of his predecessor;

attend three consecutive meetings of the Committee shall forfeit his membership.

(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 vacating the seat

belonged.

(9) (a) The Works Committee may meet as often as necessary but not less than once in

three months.

(b) The Works Committee shall at its first meeting regulate its own procedure.

(10) (a) The employer shall provide accommodation for holding meetings of the Works

Committee. He shall also provide all necessary facilities to the Works Committee and

to the members thereof for carrying out the work of the Works Committee. The Works

Committee shall ordinarily meet during working hours of the industrial establishment

concerned on any working day and the representative of the worker shall be deemed to

be on duty while attending the meeting;

(b) The Secretary of the Works Committee may with the prior concurrence of the

Chairman, put up notice regarding the meeting and work of the Works Committee on

the notice board of the industrial establishment.

5. Manner of choosing members from the employers and the workers for

Grievance Redressal Committee under sub-section (2) of section 4.- The Grievance

Redressal Committee shall consist of equal number of members representing the

employer and the workers, which shall not exceed ten.

(2) The representatives of the employer shall be nominated by the employer and shall,

as far as may be possible, be officials in direct touch with or associated with the

working of the industrial establishment, preferably the heads of major departments or

sections of the industrial establishment.

(3) The representatives of the workers shall be chosen by the registered Trade Union

and where a negotiating council exists, such representatives shall be chosen in the same

proportion as the Trade Unions respectively represents in the negotiating council. In

case where there is no registered Trade union or negotiating council, the members may

be chosen by the workers of the establishment:

(4) Where any workers of the industrial establishment are members of a registered

Trade Union, the employer shall ask such Trade Union to inform him in writing as to

–

(a) how many of the workers are members of such Trade Union;

(b) Where an employer has reason to believe that the information furnished to him

under clause (a) by the registered Trade Union is false, he may, after informing such

Trade Union, refer the matter to the Labour Commissioner, or any other officer

nominated in writing, by the Labour Commissioner, not below the rank of Deputy

Labour Commissioner, who shall, after hearing the parties, decide the matter and his

decision shall be final.

(5) On receipt of the information called for under sub-rule (4), the employer shall

provide for the selection of worker‘s representative on the Committee by the following

groups, namely:-

(a) Registered Trade Union may choose their representatives as members for

Grievance Redressal Committee in the proportion of their membership; or

(b) Where there is a negotiating Council, the negotiating council may choose their

representatives as members for Grievance Redressal Committee; or

choose amongst themselves representatives for the Grievance Redressal Committee

(6) The term of office of the representatives of the Grievance Redressal Committee

other than a member chosen to fill a causal vacancy shall be three years. A

representative chosen to fill a casual vacancy shall hold office for the unexpired term

of his predecessor.

6. 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 as per Form II stating his dispute therein

before the Grievance Redressal Committee giving his name, designation, employee

code, department where posted, length of service in years, category of worker, address

for correspondence, contact number, details of grievances and relief sought. Such

application may be sent electronically or otherwise. The Grievance may be raised

within one year from the date on which the cause of action of such dispute arises.

7. Manner of filing application before conciliation officer under sub-section (8) of

section 4.- A worker who is aggrieved by the decision of the Grievance Redressal

committee may file an application to the conciliation officer in Form-II-A

electronically or manually through a registered post within sixty days from the date of

decision of the Grievance Redressal Committee or from the date on which the period

specified in sub-section (6) of section 4 expires, as the case may be, through a trade

union of which he is a member. In case of non-member, a request to a registered trade

union to espouse his dispute is deemed sufficient.

In case of manual receipt of such application through registered post or speed post, the

conciliation officer shall get the same digitalized and enter the particulars of the

application in the official portal under intimation to the applicant.

CHAPTER - III

TRADE UNIONS

8. Payment of subscription by members to Trade Union under clause (f) of section

7.-(1) A registered Trade Union may collect the subscription from its members, office

bearers or from others, as provided under the rules approved by the Registrar on

monthly, quarterly, half yearly or yearly basis subject to such amount as specified under

sub rule (2).

(2) The payment of a minimum subscription by members of the Trade Union shall be

as provided under the rules of the trade union approved by the Registrar but shall not

be less than :-

(a) Twenty Rupees per annum for rural workers;

(b) Thirty Rupees per annum for workers in other unorganized sectors; and

9. Manner of Annual audit of the Trade Union under clause (j) of section 7.-(1)

Save as provided in sub-rule (2), (3), (4) and (5), the annual audit of the accounts of

any registered Trade Union shall be conducted by an auditor having the qualifications

specified in section 141 of the Companies Act, 2013 (Central Act, 18 of 2013).

(2) Where the membership of a registered Trade Union did not, at any time, during the

year ending on the 31st December, exceed 50,000, the annual audit of the accounts

may be conducted,-

(a) by an auditor authorized by the State Government to examine public

accounts; or

(b) by any person who, having held an appointment under the Government in

any audit or accounts or Labour department, is in receipt of a pension of not less than

Rs. 5000 per mensem; or

of the Companies Act, 2013 (Central Act, 18 of 2013)

(3) Where the membership of a registered Trade Union did not, at any time, during the

year ending on the 31st day of December, exceed 1,000 the annual audit of the accounts

may be conducted,-

(a) by any person who, having held an appointment under the Government in

any audit or accounts department or Co-operation department , is in receipt of a pension

from the Government of not less than Rs. 5000 a month, or

(b) by any auditor appointed to conduct the audit of Co-operative Societies by

the Government or by the Registrar of Co-operative Societies or by any co-operative

organization recognized by the Government for this purpose.

(4) Where the membership of a registered Trade Union did not at any time, during the

year ending on the 31st December exceed 250, the annual audit of the accounts may be

conducted by any two ordinary members having practical knowledge or expertise,

provided they were not on the executive during the period to which the accounts

pertain.

(5) Where the registered Trade Union is a federation of Trade Unions and the number

of such unions affiliated to it at any time during the year ending on the 31st December,

did not exceed 50, 15 or 5, respectively, the audit of the accounts of the federation may

be conducted as if it has not exceeded membership specified under sub-rules (2), (3)

and (4) of the Rule 9 respectively.

(6) Notwithstanding anything contained in these rules, no person who, at any time,

during the year for which the accounts are to be audited, was entrusted with any part

of the funds or securities belonging to a registered Trade Union shall be eligible to

audit the accounts of that union.

(7) While conducting the audit, the auditor shall be given access to all the books of the

registered Trade Union concerned and shall verify the general statement with the

accounts and vouchers relating thereto and shall thereafter sign the auditor's declaration

in Form III, indicating separately on that form under his signature or their signatures

a statement showing in what respect he or they find the return to be incorrect, not,

supported by vouchers or not in accordance with the Act. The particulars given in the

statement shall indicate-

(a) every payment which appears to be unauthorized by the rules of the registered

Trade Union concerned or contrary to the provisions of the Act;

(b) the amount of any deficit or loss which appears to have been incurred by the

negligence or misconduct of any person;

account by any person.

10. Application for Registration of Trade Union and cancellation thereof under

section 8 and 9 .-(1) Every application for registration of a Trade Union shall be made

in Form IV electronically or otherwise along with payment of fee as specified under

sub-rule (4), to the Registrar/Additional Registrar or Deputy Registrar having

jurisdiction.

(2) An affidavit shall be attached with the application filed for registration or

cancellation of registration under sub rule (1) by the applicant in Form IV-A.

Application shall be enclosed with assets and liability of trade union prepared in

accordance with double entry book keeping only in instances of cancellation of

registration or when the trade union has previously existed for a period of more than

one year as under sub-section (2) of section 8 of the Code.

(3) On receipt of an application for the registration of a trade union, the Registrar may

require from the applicant to produce such evidence, as may be necessary to prove that

the applicants have been duly authorized to make the application on behalf of the Trade

Union in Form -V.

(4) The fee payable for registration of a Trade Union shall be Rupees one thousand or

as fixed by the State Government from time to time by a notification and shall be paid

electronically in the appropriate head of accounts.

(5) The register for every registration and cancellation of Trade Union by the Registrar

shall be maintained electronically in Form VI.

(6) The Registrar, on receipt of an application for registration, withdrawal or

cancellation, shall before initiating any action, verify that the application was approved

in a general body meeting of the Trade Union, or if it was not so approved, that it has

the approval of a majority of the members of the Trade Union. For this purpose, the

Registrar may call for such further particulars as he may deem it necessary and may

examine any officer of the union.

(7) The certificate of registration in Form VII shall be issued electronically or

otherwise by the Registrar after due verification of the information and particulars

submitted with the application, either by himself or through any other officer

authorized by him and found proper. The certificate shall be issued by the Registrar

within forty five days from the date of receipt of application. If no decision is taken

and communicated electronically or otherwise on such application by the Registrar

within forty five days, the registration shall be deemed to be issued.

(8) Every application by a Trade Union for withdrawal or cancellation of its certificate

of registration shall be sent electronically or otherwise to the Registrar in Form VIII.

The Registrar may require the applicants to produce such evidence, as may be

necessary, to prove that the applicants have been duly authorized to make the

application on behalf of the Trade Union.

11. Appeal against refusal to grant registration to a Trade Union or cancellation

of a certificate of registration under section 10.-An appeal against the order of the

Registrar for refusal to grant registration to a Trade Union or cancellation of a

certificate of registration shall be filed within thirty days from the date of receipt of the

order to the State Industrial Tribunal by filing an application mentioning the grounds

of the appeal accompanied with a certified copy of the order of the Registrar.

12. Communication to trade union by the Registrar and by Trade Union to

Registrar under sub-section (1) and sub-section (3) of Section 11.-(1) All

communication and notices to a registered trade union shall be sent electronically or

otherwise to by the Registrar through the approved postal address or E-mail address as

mentioned in the register.

(2) All communication and notices by a registered trade union with respect to any

change in any particulars of trade unions or its rules or membership shall be sent

electronically or otherwise to the Registrar to his official postal address and/ or e-

mail address within thirty days from such date of such change or event.

(3) On receipt of any communication under sub rule (2), the Registrar shall, unless he

has reason to believe that such communication has not been made in the manner

provided by the rules of the Trade Union and is not in accordance with the provisions

of the Code, register such communication or alteration in a register to be maintained

for this purpose and shall notify the fact that he has done so, to the Secretary of the

Trade Union in the manner specified under sub rule (1).

(4) The fee payable for such communication or alteration of rules shall be Rupees one

hundred or as fixed by the State Government time to time by notification and be paid

electronically or otherwise for each set of alterations made at one time.

(5) The notice of any change in the particulars given by the Trade Union shall be sent

electronically or otherwise to the Registrar in Form IX.

(6) When the Registrar registers a change in any other particulars, he shall certify under

his signature at the foot of the certificate issued that the new change in the particulars

has been registered and communicate the same electronically or otherwise.

13. Matters on which negotiating union or negotiating council may negotiate with

the employer under sub-section (1) of section 14.-(1) A negotiating union or

negotiating council shall be entitled to negotiate with the employer with respect to all

or any of the following matters, namely:-

(i)

Classification of grades and categories of workers;

(ii)

Discharge or dismissal of individual worker;

(iii)

Wages, including wage period and mode of

payment;

(iv)

Dearness allowance, bonus, annual increment;

(v)

Compensatory and other allowances;

(vi)

Hours of work and rest intervals;

(vii)

Leave with wages and holidays;

(viii)

Shift working;

(ix)

promotion and transfer policy and disciplinary

procedures;

(x)

Safety, health and working conditions related

standards

(xi)

any other matter that might be agreed upon

between employer and negotiating union or council.

14. Criteria for recognizing a single registered Trade Union of workers as sole

negotiating union of workers under sub-section (2) of section 14.- If there is only

one registered Trade Union of workers in an Industrial Establishment, which is having

membership of thirty percent or more workers of that Establishment, such union shall

be entitled to negotiate with the employer as a Sole negotiating union.

15. Manner of verification of membership of trade unions in an industrial

establishment under sub-sections (3) and (4) of section 14:

(1) If more than one Trade Union of workers are functioning in an industrial

establishment, the Registrar shall verify the membership of a trade union having fifty

one percent or more of workers on the muster roll of that industrial establishment, on

an application made by such union or industrial establishment in Form X for declaring

the union as sole Negotiating Union for the industrial establishment either by the

method of physical verification either in his presence or in presence of any Officer

authorized by him or on the basis of verification of payment of subscription to the trade

union by the members. For this a notice by the Registrar shall be served at least seven

days in advance to all the workers by displaying the same on the notice board of the

establishment and the employer indicating the date and time and place for such

verification.

On the report of such verification, The Registrar shall pass an order within thirty days

of such verification and communicate electronically or otherwise to such union and the

employer and a copy shall also be displayed on the notice board of the industrial

establishment. The Registrar shall enter the name of such union in the records as

Negotiating union for the industrial establishment. The Industrial Establishment shall

recognize such trade union as a sole Negotiating Union for the establishment.

(2) If more than one Trade Union of workers are functioning in an industrial

establishment and no such Trade union has fifty one percent or more of workers on the

muster roll of that industrial establishment, the Registrar shall verify the membership

of a trade union, on an application made by the Industrial Establishment in Form X for

deciding the union to be taken in the Negotiating Council either by the method of

physical verification either in his presence or in presence of any Officer authorized by

him or on the basis of verification of payment of subscription to the trade union by the

members. For this a notice by the Registrar shall be served at least seven days in

advance to all the workers and the employer indicating the date and time and place for

such verification.

On the report of such verification, the Registrar shall pass an order within thirty

days of such verification and communicate electronically or otherwise to such union

and the employer and a copy shall also be displayed on the notice board of the industrial

establishment. The Registrar shall enter the name of such union in the records as

member of Negotiating council for the industrial establishment. The Industrial

Establishment shall recognize such trade union as member of Negotiating Council for

the establishment.

(3) The list of Negotiating Unions and members of Negotiating Council referred to in

Section 14 and verified under sub rule (1) and (2), shall be maintained in Form XI by

the Registrar.

16. Facilities to be provided to Negotiating Union or Negotiating Council under

sub-section (7) of Section 14.- An industrial establishment shall provide the following

facilities to a Negotiating Union or Negotiating Council, namely:-

(i)The officers of Negotiating Union or members of Negotiating Council shall

have the right and be permitted by the employer, to hold discussions on the premises

of the undertaking with the employees concerned who are the members of such union:

Provided that,-

(a) the union shall intimate, in advance to the employer the name or names of

the officer or officers authorized for the purposes and the name of the department or

departments in which the members concerned are employed; and

(b) the discussions shall be held in such manner as not to interfere with the

normal working of the undertaking.

(ii)The officers of a Negotiating Union or member unions of Negotiating

Council shall have the right to meet the employer or any person appointed by him for

the purpose and discuss with him the grievances of its members employed in his

undertaking subject to the following conditions, namely :-

(a) the discussion shall ordinarily be held on one day in a week during such

working hours of day shift from 11 AM to 5 PM as may be fixed by the employer and

the union except in urgent cases when it may be held on any day and at any time by

previous appointment;

(b) the union shall ordinarily communicate, in advance, the nature of the

grievances which it desires to discuss;

communicated to the employer in advance or such officer shall carry a letter of

authority.

(iii) Employer to deduct subscription of the members of the trade union on the

basis of the written consent of the worker. All sums payable has subscription to the

trade union shall be through electronic transfer.

(iv) The President of the Negotiating union or an office bearer authorized by the

President shall be entitled to put up or cause to be put up a notice board outside the

time-keeper's office or at any other conspicuous place mutually agreed upon between

the employer and the union and affix notices therein during the hours the undertaking

is open :

Provided that,-

(a) the notice board to be put up shall be of a reasonable size;

(b) the notices to be affixed shall be signed either by the President, the Vice-

President when carrying on the duties of the President during this absence, the General

Secretary, the Secretary, and

an offensive or provocative nature.

(v) Employer of an industrial establishment having three hundred or more

workers shall provide suitable office accommodation with necessary facilities to the

Negotiating Union or Negotiating Council as the case may be.

17. Objects on which general funds may be spent under sub-section (1) of section

15.- (1)The general funds of a registered Trade Union shall not be spent on any other

objects other than that of the following, namely:-

(a) the payment of salaries, allowance and expenses to office bearers of the

Trade Union;

(b) the payment of expenses for the administration of the Trade Union, including

audit of the accounts of the general funds of the Trade Union;

or any member thereof is a party, when such prosecution of defense is undertaken for

the purpose of securing or protecting any rights of the Trade Union as such any rights

arising out of the relations of any members with his employer or with a person whom

the member employs;

(d) the conduct of Trade Disputes on behalf of the Trade Union or any member

thereof;

(e) the 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;

(g) the issue of, or the undertaking of liability under, policies of assurance on the

lives of members, or under policies insuring members against sickness accident or

unemployment;

(h) the provisions of educational, social or religious benefits for the members

(including the payments of the expenses on funeral or religious ceremonies for

deceased members)or for the dependants of members;

(i) the upkeep of a periodical published mainly for the purpose of discussing

questions affecting employers or workmen as such;

(j) the payment in furtherance of any of the objects on which the general funds

of the Trade Union may be spent, of contribution to any cause intended to the benefit

workmen in general, provided that the expenditure in respect of such contribution in

any financial year shall not at any time during that year be in excess of one-fourth of

the combined total of the gross income which has up to that time accrued to the general

funds of the Trade Union during that year and of the balance at the credit of those funds

at the commencement of that year; and

(k) subject to any conditions contained in the notification, any other objects

notified by the State Government in the Official Gazette.

18. Composition of separate fund under sub-section (2) and subscription payable

under sub-section (4) of Section 15.-(1) The Registered Trade Union may constitute

a separate fund for the promotion of the civic and political interest of its members with

the prior approval of the Registrar.

(2) Audit of such funds shall be done in the same manner as specified under the Code

and these rules.

(3) Any complaint of misappropriation of any funds of the registered Trade Union shall

be entertained by the Registrar and the Registrar shall enquire and pass an appropriate

order to the trade union, if any misappropriation is proved and such order shall be

binding upon the trade union.

(4) The registered trade union shall not compel any of its members to contribute to the

fund constituted under sub rule (1) and the subscription to any such fund shall not be

more than Rupees Five Hundred per annum per member.

19. Manner of making application for adjudication before the Tribunal under

sub-section (1) of section 22.-

The application before the State Industrial Tribunal shall be filed in Form XII within

ninety days of occurrence of any dispute as provided under section 22 along with the

relevant copies of the documents related to such dispute and mentioning the grounds

of such dispute. The Tribunal shall give an opportunity of hearing to all concerned

parties and shall pass the order within forty five

days. This order shall be final and binding upon all the parties and the Registrar. The

Registrar shall make entries in the relevant records maintained in his office in

accordance with the order of the State Industrial Tribunal.

20. Manner of amalgamation under sub-section (2) and change of name of trade

union and sending it to the Registrar thereof 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 XIII by the applicant trade union.

(2) When the Registrar registers the amalgamation, he shall certify under his signature

of such amalgamation and issue the certificate electronically or otherwise to both the

trade unions and shall make entry in all appropriate records of such amalgamation.

(3)The notice of any change of the name of the Trade Union shall be sent to the

Registrar electronically or otherwise in Form XIV.

(4) When the Registrar registers a change of name, he shall certify under his signature

of such change of name of the Trade Union and shall issue the certificate to the

applicant Trade Union and shall make entry in all appropriate records of such change

of name.

21. Manner of dissolution of Trade Union and distribution of funds thereof under

section 25.- (1) When a registered trade union is dissolved, notice of the dissolution

signed by seven members and by the Secretary of the trade union shall, within fourteen

days of the dissolution, be sent to the Registrar, and shall be registered by him if he is

satisfied that the dissolution has been effected in accordance with the rules of the trade

union and the dissolution shall have effect from the date of such registration by the

registrar.

Provided due adherence with the by-laws of the trade union regarding

dissolution must be sought. In the absence of such byelaws, majority of the members

of the Trade Union agree for such dissolution.

(2) When a registered trade union is dissolved, notice of the dissolution shall be sent to

the Registrar in Form-XV.

(3) Where it is necessary for the Registrar, under sub-section (2) of Section 25, to

distribute the funds of a registered Trade Union which has been dissolved, he shall

divide the funds among the members in proportion to the amounts contributed by them

by way of subscription during their membership.

Provided, the registered trade union shall submit all records, documents and any

material facts the Registrar deems fit for the purpose of distribution of funds of a

dissolved trade union.

(4) The Registrar has sole discretion to appoint any person of relevant expertise he

deems fit to get aid in distribution of funds under sub-rule (1) of Rule 20, which may

include a liquidator.

22. General statement of trade union and its audit under clause (a) of sub-section

(1) of section 26.-(1) The general statement to be furnished under Section 26 shall be

submitted to the Registrar electronically or otherwise by the 31st day of March in each

year and shall be in Form XVI.

(2) The audit of the general statement shall be done in the manner specified under rule

(3) Upon a written demand by the Registrar, report of any audit done under these rules

shall be presented before the Registrar within such time limit as mentioned by the

Registrar.

(4) The Registrar may ask in writing any other particulars about the general statement

and the audit report, as he deems fit, for ascertaining the facts mentioned in such

general statement and audit report.

23. Recognition of Trade Unions at State Level under sub-section (2) of section

27.-(1) An application to recognize a Trade union or Federation of Trade unions to be

recognized as State Trade Union shall be filed by such Trade Union or federation of

Trade Unions to the State Government or the Officer authorized by the State

Government in Form XVII for the purposes of tripartite consultations, wage boards or

for any other purpose as notified by the State Government, from time to time.

(2) State Government or an officer authorized by it, shall after due enquiry, as it deems

fit, decide such application within thirty days of its receipt and send the copy of the

decision to the applicant with a copy to the Labour Commissioner and the Registrar.

(3)If any dispute arises in relation to such recognition, the State Government or an

officer authorized by it shall refer the dispute to the State Industrial Tribunal. The State

Industrial Tribunal shall, after giving opportunity of hearing to the applicant and going

through the relevant records of the case, decide the appeal within forty five days and

the order shall be binding upon the parties.

CHAPTER IV

STANDING ORDERS

24. Manner of forwarding information to certifying officer as 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 in sub-rule (1) the certifying officer within a period of

thirty days from the date of such receipt may give his observation that the employer is

required to include certain provisions which are relevant to his establishment 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 electronically by the employer.

(3) If no observation is made by certifying officer within a period of thirty days of the

receipt of the information as specified in sub-rule (1) and (2), then, the standing order

shall be deemed to have been adopted by the employer.

25. Manner of choosing representatives of workers and issue of notice under

clause (i) and (ii) of sub-section (5) of section 30.–

(1) Where there is no such Trade Union and negotiating union or negotiating council,

as is referred to in clause (ii) of sub-section (5) of section 30, then, the certifying officer

shall instruct the jurisdictional Labour Officer to choose six representatives among

workers, the manner best suited to him.

(2) The Labour Officer shall serve notice in Form XVIII issued by the Certifying

Officer and hand over a copy of the draft Standing Order to the workers representatives

to submit their objections, if any.

(3) Such objections must be submitted to the Certifying Officer within thirty days from

the date of receipt of the draft Standing Order.

(4) The Standing Order shall be signed before the Certifying Officer in the presence of

the workers’ representatives and the Management.

(5) In case of sub-section (5)(i) of section 30, a notice shall be served by the Certifying

Officer in Form XVIII.

26. Manner of authentication of certified standing orders under sub-section

(8) of section 30.-Standing orders or modification in the standing orders, certified in

pursuance of sub-section (8) of section 30 or the copies of the order of the appellate

authority under sub-section (1) of section 33 shall be authenticated by the certifying

officer or the appellate authority, as the case maybe, and shall be sent electronically

within a week to all concerned, but there shall not be any requirement of certification

in cases of deemed certification under sub-section (3) of section 30 and in cases where

the employer has certified adoption of model standing orders.

27. Statement to be accompanied with draft standing orders under sub-section (9)

of section 30.-A statement to be accompanied with,-

(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 be submitted in a

tabular format with the existing provisions sought to be modified, the proposed

modification and the reason to seek such modification. Such statement shall be signed

by a person authorized by the industrial establishment or undertaking.

28. Conditions for submission of draft standing orders in similar establishments

under sub-section (10) of section 30.-A group of employers engaged in similar

industrial establishment may submit a joint draft of standing order under section 30 and

for the purpose of proceedings specified in sub-sections (1), (5), (6), (8) and (9) thereof

after consultation with the concerned Trade Unions, negotiating union or negotiating

council or representatives of workers, if any.

Provided that the joint draft Standing Orders, in cases of group of employers

engaged in similar industrial establishments, will be drafted and submitted to the

Labour Commissioner who shall, in consultation with the concerned Certifying

Officers, certify or refuse to certify the said joint Standing orders, after recording the

reasons thereof.

29. Manner of disposal of appeal by appellate authority under section 32 of the

Code.-(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 from the date of receipt of such order shall draw up a

memorandum of appeal in tabular form stating therein the provisions of the standing

orders which are required to be altered or modified or deleted or added and reasons

thereof and shall be filed electronically or otherwise to the appellate authority.

(2) The appellate authority shall, after giving the appellant and the opposite parties an

opportunity of being heard, 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.

(3) Where the appellate authority does not confirm the Standing Orders, it shall fix a

date for the hearing of the appeal and direct notice thereof to be given,–

(a) where the appeal is filed by the employer or a worker, to Trade Union of the

workers of the industrial establishment or to the representative body of the workers

concerned;

(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

and any other worker whom the appellate authority joins as a party to the appeal.

(4) The appellant shall furnish each of the respondents with a copy of the memorandum

of appeal.

(5) 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) On the date fixed under sub-rule (3) for the hearing of the appeal, the appellate

authority shall take such evidence as it may have called or consider to be relevant if

produced and after hearing the parties shall by order in writing confirm the standing

orders either in the form certified by the Certifying officer or by amending the said

standing orders by making such modifications thereof or by additions to there to as he

deems fit.

30. The language and the manner of maintaining standing order under sub-

section (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 clauses (3)

and (5) section 30 of the Code.

(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 Kannada and or in English and displayed conspicuously at the premises of

the establishment as well as in its website or intranet, if any.

(3) Manual copies as well as electronic copies of the certified Standing orders shall

also be distributed to all the concerned in the industrial establishment.

31. Register for final certified copy of Standing Order under section 34.- (1) The

certifying officer shall maintain electronically, a register of all standing orders certified

or deemed to have been certified or adopted model standing orders of all the concerned

industrial establishments, inter-alia, containing the details of,–

(a)

the unique number assigned to each standing order;

(b)

name of industrial establishment;

(c)

nature of industrial establishment;

(d)

date of certification or deemed certification or date of

adoption of model standing order by each establishment

or undertaking;

(e)

the areas of the operation of the industrial establishment;

and

(f) such other details as may be relevant and helpful in

retrieving the standing orders and create a data base of

such of all standing orders.

(2) The certifying officer shall furnish a copy thereof to any person applying there for

on payment of ten rupees per page of the certified standing orders or deemed certified

standing orders, as the case may be.

32. Application for modification of Standing Order under sub-section (2) of

section 35.- The application in Form XIX for modification of an existing standing

order under sub-section (2) of section 35 shall be submitted electronically and contain

the particulars of such standing orders which are proposed to be modified along with a

tabular statement containing details of each of the relevant provisions of standing order

in force, and proposed modifications therein, reasons thereof and the details of

registered Trade union(s) operating therein, and such statement shall be signed by the

applicant/the person authorized on this behalf.

CHAPTER - V

NOTICE OF CHANGE

33. The manner of giving of notice for change in conditions of service 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-XX to such

worker or workers.

(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 or shall be

published on the intranet or website of the industrial establishment or otherwise as the

case may be.

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 on the

Secretary of such Trade Union or each of the Secretaries of such Unions, electronically

or otherwise as the case may be.

CHAPTER - VI

VOLUNTARY REFERENCE OF DISPUTES TO ARBITRATION

34. Form of arbitration agreement and the manner thereof under sub-section (3)

of section 42.- (1) Where the employer and workers agree to refer the dispute to

arbitration, the Arbitration Agreement shall be in Form-XXI and shall be signed by

the parties to the agreement. The agreement shall be accompanied by the consent either

in writing or electronically of arbitrator or arbitrators.

(2) The Arbitration Agreement referred to in sub-rule (1) shall be signed.-

(i) In case of an employer, by the employer himself, or when the employer is an

incorporated company or other body corporate, by the agent, manager or other officer

of the corporation authorized for such purposes;

(ii) In the case of the workers by the officer of the registered Trade Union

authorized in this behalf or by three representatives of the workers duly authorized in

this behalf at a meeting of the concerned workers held for such purpose;

(iii) In the case of an individual worker, the worker himself or by an officer of

registered Trade Union of which the worker is a member:

Explanation.-(1) In this rule, the expression ‘officer’ means any officer of a registered

Trade Union or an association of the employer authorized for such purpose;

(2) In this rule ‘officer’ means any of the following officers, namely:-

(a)

the President;

(b)

the Vice-President;

(c)

the Secretary (including the General Secretary);

(d)

a Joint Secretary (including Assistant Secretary); and

(e)

any other officer of the Trade Union authorized in this behalf by the

President and Secretary of the union.

35. Manner of issue of notification under sub-section (5) of section 42.- Where an

industrial dispute has been referred to arbitration and the State Government or an

officer authorized by the State Government are satisfied with the arbitration agreement

and that the persons making the reference represent the majority of each party, shall

publish a notification to this effect; further, if there are employers and workers who are

not parties to the arbitration agreement but are concerned in the dispute, they may

present their case before the arbitrator or arbitrators appointed for such purpose. The

above Notification shall be communicated to the concerned employers, workers and

the arbitrators either manually or electronically.

36. Manner of choosing representatives of workers where there is no Trade Union

under Section 42(5)(i)(c).- Where there is no Trade Union, the representative of

workers to present their case before the arbitrator or arbitrators in pursuance of clause

by the majority of concerned workers and the form of authorization shall be in Form-

XXII to represent their case. Such workers shall be bound by the acts of representatives

who have been authorized to represent before the arbitrator or arbitrators, as the case

may be.

CHAPTER VII

MECHANISM FOR RESOLUTION OF INDUSTRIAL DISPUTES

37. Manner of filling up of the vacancy and procedure for selection, salaries and

allowances and other terms and condition of Judicial Member of the Industrial

Tribunal of the State under clause (5) of section 44.-(1) The qualification for

appointment of the Judicial Member of the Industrial Tribunal (hereinafter in this

chapter referred to as the Judicial Member) shall be such as provided in sub-section (4)

of section 44.

(2)The Judicial member shall be appointed by the State Government on the

recommendation of a Search Cum Selection Committee (SCSC) constituted under sub-

rule (3) of Rule 37.

(3)The Search Cum Selection Committee shall consist of the following members,

namely:-

(i)

The Chief Justice of the Karnataka High Court or a Judge of High Court of

Karnataka nominated by him-Chairperson;

(ii)

The Chief Secretary to the Government of Karnataka-Member;

(iii)

The Principal Secretary or Secretary to the Government of Karnataka,

Department of Labour -Member.

(iv)

The Principal Secretary or Secretary to Government, Department of Law

and Legal Affairs, Government of Karnataka-Member.

(v)

Labour Commissioner-Member Secretary

Explanation: The role of the Member Secretary is merely to ensure coordination

among members of the SCSC. He shall have no formal say in the selection process of

functioning of the SCSC in any manner whatsoever.

(4) The Search-cum-Selection Committee (SCSC) shall determine its procedure for

making its recommendation and, after taking into account qualification, suitability,

record of past performance, integrity as well as adjudicatory experience keeping in

view of the requirement of the Industrial Tribunal recommend a panel of two or three

persons as it deems fit for appointment to each post.

(5) The State of Karnataka shall make appointments to the post of a judicial member

of the State Industrial Tribunal within three months from the date on which the Search-

cum-Selection Committee completes the selection process and submits its

recommendations.

(6) No appointment of a Judicial Member shall be declared invalid merely by reason

of a vacancy or absence of any member in the Search-cum-Selection Committee.

(7) A Judicial Member shall hold office for a term of four years from the date on which

he enters upon his office or till he attains the age of sixty five years, whichever is

earlier.

(8) In case of casual vacancy in the office of Judicial Member, the State Government

shall appoint the Judicial Member of the other Industrial Tribunal to officiate as

Judicial Member.

(9) (a) A Judicial Member shall be paid a salary of rupees 2,25,000/- per month or as

fixed by the State Government from time to time and shall be entitled to draw

allowances as are admissible to an officer of the State Government holding Group A

post carrying the same pay.

(b) In case of appointment of retired High Court Judge, his pay shall be reduced by

the gross amount of pension drawn by him.

(10) (a)In case of serving High Court Judges, the service rendered in the Industrial

Tribunal shall be counted for pension to be drawn in accordance with the extant rules

of the service to which they belong and they shall be governed by the provisions of

General Provident Fund (Karnataka) Rules, 2016 and the rules for pension applicable

to them.

(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.

(11) A Judicial Member shall be entitled for house rent allowance at the rate as

admissible to an officer of the State Government holding Group A post carrying the

same pay or may be allotted a suitable government accommodation.

(12) (a)In case of serving High Court Judges, leave shall be admissible as admissible

to the serving High Court Judges.

(b) In case of retired High Court Judges, leave shall be admissible as are

admissible to an officer of the State Government holding Group A post carrying the

same pay.

(13) (a) The State Government shall be the leave sanctioning authority for the Judicial

Member.

(b) The State Government shall be the sanctioning authority for foreign travel to

the Judicial Member.

(14) State Government Health Scheme facilities as admissible to an officer of the State

Government holding Group A post carrying the same pay shall be applicable to judicial

members.

(15) (a) Travelling allowance to a Judicial member shall be admissible as per

entitlement of an officer of the State Government holding Group A post carrying the

same pay.

(b) In case of retired High Court Judges, transfer travelling allowance for joining

the 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 State

Government holding Group ‘A’ post carrying the same pay.

(16) A Judicial Member shall be entitled for leave travel concession as admissible to

an officer of the State Government holding Group ‘A’ post carrying the same pay.

(17) A Judicial Member shall be entitled for transport allowance as admissible to an

officer of the State Government holding Group ‘A’ post carrying the same pay.

(18) No person shall be appointed as Judicial Member unless he is declared medically

fit by an authority specified by the State Government in this behalf.

(19) (a) If a written and verifiable complaint is received by the State Government,

alleging any definite charge of misbehavior or incapacity to perform the functions as

Judicial Member, it shall make a preliminary scrutiny of such complaint.

(b) If on preliminary scrutiny, the State Government is of the opinion that there

are reasonable grounds for making an inquiry into the truth of any misbehavior or

incapacity of a Judicial Member, it shall make a reference to the Search-Cum-Selection

Committee to conduct the inquiry.

months’ time or such further time as may be specified by the State Government.

(d) After conclusion of the inquiry, the Search-Cum-Selection Committee shall

submit its report to the State Government stating therein its findings and the reasons

thereof on each of the charges separately with such observations on the whole case as

it may think fit.

(e) The Search-Cum-Selection Committee shall not be bound by the procedure

laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the

principles of natural justice and shall have power to regulate its own procedure,

including the fixing of date, place and time of its inquiry.

(20) A Judicial Member may, resign his office at any time by giving notice to this effect

in writing under his hand addressed to the State Government:

Provided that the Judicial Member shall, unless he is permitted by the State

Government to relinquish office sooner, continue to hold office until the expiry of three

months from the date of receipt of such notice or until a person duly appointed as a

successor enters upon his office or until the expiry of his term of the office, whichever

is earlier.

21) State Government shall, on the recommendation of Search-Cum-Selection

Committee, remove from office any Judicial 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 a Judicial

Member; or

(d)

has acquired such financial or other interest as is likely to affect

prejudicially his functions as a Judicial Member; or

(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 the Form-XXIII.

(23) Matter relating to the terms and conditions of services of the Judicial Member with

respect to which no express provisions has been made in these rules, shall be referred

by the Industrial Tribunal to the State Government for its decision, and the decision of

the State Government thereon shall be binding.

(24) The State Government shall have power to relax the provision of any of these rules

in respect of any class or categories of persons for the reasons to be recorded in writing.

38. Manner of filling up of the vacancy and procedure for selection, salaries and

allowances and other terms and condition of Administrative Member of the

Industrial Tribunal under sub-section (5) of section 44.-(1) The qualification for

appointment of the Administrative Member of the Industrial

Tribunal (hereinafter in this chapter referred to as Administrative Member) shall be

such as provided in sub-section (4) and proviso therein of section 44.

(2) The Administrative Member shall be appointed by the State Government on the

recommendation of a Search Cum Selection Committee (SCSC) constituted under sub-

rule (3).

(3) The Search Cum Selection Committee shall consist of the following members,

namely:-

(i)

The Chief Secretary to the Government of Karnataka, -Chairperson;

(ii)

A sitting judge of the High Court of Karnataka

(iii)

The Principal Secretary or Secretary to Government, Department of Law

and Legal Affairs, Government of Karnataka-Member, and

(iv)

The Principal Secretary or Secretary to the Government of Karnataka,

Department of Labour –Member.

(v) Labour Commissioner – Member Secretary

Explanation: The role of the Member Secretary is merely to ensure coordination

among members of the SCSC. He shall have no formal say in the selection process of

functioning of the SCSC in any manner whatsoever.

(4) The Search-cum-Selection Committee (SCSC) shall determine its procedure for

making its recommendation and, after taking into account qualification, suitability,

record of past performance, integrity as well as experience keeping in view of the

requirement of the Industrial Tribunal and recommend a panel of two or three persons

as it deems fit for appointment to said post.

(5) The State of Karnataka shall make appointments to the post of a administrative

member of the State Industrial Tribunal within three months from the date on which

the Search-cum-Selection Committee completes the selection process and submits its

recommendations.

(6)No appointment of Administrative Member shall be declared invalid merely by

reason of one vacancy or absence of any Member in the Search-cum-Selection

Committee.

(7)An administrative Member shall hold office for a term of four years or till he attains

the age of sixty five years, whichever is earlier.

(8) In case of casual vacancy in the office of Administrative Member, the State

Government shall appoint the Administrative Member of the other State Industrial

Tribunal to officiate as Administrative Member.

(9) The Administrative Member shall be paid a salary of rupees 2,25,000/- per month

or as fixed by the State 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 case of retired Government Officer, his pay shall be reduced by the

gross amount of pension drawn by him.

(10) (a) In case of serving Government Officer, the service rendered in Industrial

Tribunal shall be counted for pension to be drawn in accordance with the extant rules

of the service which he belong and shall be governed by the prevalent Provident Fund

Rules in the state.

(b) In case of retired Government Officers, 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 Tribunals.

(11) Administrative Member shall be entitled for house rent allowance at the rate as

admissible to an officer of the State Government holding Group A post carrying the

same pay or shall be entitled for house rent allowance at the rate as admissible to an

officer of the State Government holding Group A post carrying the same pay or may

be allotted a suitable government accommodation.

(12) (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 Officers, leave shall be admissible as are

admissible to an officer of the State Government holding Group A post carrying the

same pay.

(13) (a) The State Government shall be the leave sanctioning authority for the

Member.

(b) The State Government shall be the sanctioning authority for foreign travel to

the Administrative Member.

(14) State Government Health Scheme facilities as admissible to an officer of the State

Government holding Group ‘A’ post carrying the same pay shall be applicable to

administrative member.

(15) (a) Travelling allowance to an Administrative Member shall be admissible as

per entitlement an officer of the State Government holding Group ‘A’ post carrying the

same pay.

(b) In 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 State

Government holding Group ‘A’ post carrying the same pay.

(16) An Administrative Member shall be entitled for leave travel concession as

admissible to an officer of the State Government holding Group ‘A’ post carrying the

same pay.

(17) An Administrative Member shall be entitled for transport allowance as admissible

to an officer of the State Government holding Group ‘A’ post carrying the same pay.

(18) No person shall be appointed as an Administrative Member, unless he is declared

medically fit by an authority specified by the State Government in this behalf.

(19) (a) If a written and verifiable complaint is received by the State Government,

alleging any definite charge of misbehavior or incapacity to perform the functions as

Administrative Member, it shall make a preliminary scrutiny of such complaint.

(b) If on preliminary scrutiny, the State Government is of the opinion that there

are reasonable grounds for making an inquiry into the truth of any misbehavior or

incapacity of an Administrative Member, it shall make a reference to the Search-Cum-

Selection Committee to conduct the inquiry.

months’ time or such further time as may be specified by the State Government.

(d) After conclusion of the inquiry, the Search-Cum-Selection Committee shall

submit its report to the State Government stating therein its findings and the reasons

thereof on each of the charges separately with such observations on the whole case as

it may think fit.

(e) The Search-Cum-Selection Committee shall not be bound by the procedure

laid down by the Code of Civil Procedure, 1908 (5 of 1908) but shall be guided by the

principles of natural justice and shall have power to regulate its own procedure,

including the fixing of date, place and time of its inquiry.

(20) An Administrative Member may, resign his office at any time by giving notice to

this effect in writing under his hand addressed to the State Government:

Provided that the Administrative Member shall, unless he is permitted by the

State Government to relinquish office sooner, continue to hold office until the expiry

of three months from the date of receipt of such notice or until a person duly appointed

as a successor enters upon his office or until the expiry of his term of the office,

whichever is earlier.

(21) The State 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 a

Administrative Member; or

(d)

has acquired such financial or other interest as is likely to affect

prejudicially his functions as a Administrative Member; or

(e)

has so abused his position as to render his continuance in office

prejudicial to the public interest:

Provided that where an Administrative Member is proposed to be removed on

any ground specified in clauses (b) to (e), he shall be informed of the charges against

him and given an opportunity of being heard in respect of those charges.

(22) Every person appointed as Administrative Member shall, before entering upon his

office, make and subscribe an oath of office and secrecy in the Form-XXIV.

(23) Matter relating to the terms and conditions of services of the Administrative

Member with respect to which no express provisions has been made in these rules,

shall be referred by the State Industrial Tribunal to the State Government for its

decision, and the decision of the State Government thereon shall be binding.

(24) The State Government shall have power to relax the provision of any of these rules

in respect of any class or categories of persons for the reasons to be recorded in writing.

39. Manner of holding conciliation proceedings, full report and application and

the manner of deciding such application.-(1)(i) Where any industrial dispute exists

or is apprehended or a notice under section 62 has been given, the concerned

conciliation officer on receipt of such application/ notice shall examine the same and

if he finds that the dispute pertains to the jurisdiction of the State Government shall

his intention to commence conciliation proceedings.

(ii) the employer and the workers' representative in the first meeting shall submit

their respective statement in the matter of said dispute.

(iii) the Conciliation Officer shall hold the conciliation proceedings for the

purpose of bringing about a settlement of the dispute and may do all such reasonable

things fit for the purpose of inducing the parties to come to a fair and amicable

settlement.

(iv) if a settlement is arrived in the course of conciliation proceedings, then the

conciliation officer shall send a report to the Government along with the Memorandum

of Settlement signed by the parties to the dispute.

(2) If no such settlement is arrived at in the conciliation proceedings referred to in sub-

rule (1), the conciliation officer shall upload a report in the official Labour Portal of

the Department of Labour, Government of Karnataka within fourteen days from the

date on which the conciliation proceedings are concluded and made available on the

said Labour Portal.

(3) The report referred to in sub-rule (2) shall be accessible to the parties concerned on

the said Labour Portal.

(4) The report referred to in sub-rule (2) shall contain inter-alia the summary of 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 the

amicable settlement, reasons for refusal of the parties to resolve the dispute and the

conclusion of the conciliation officer.

40. Application to the Tribunal and its proceedings under sub-section (6) of

section 53.

(1) Any dispute which is not settled during the conciliation proceedings, then, either of

the concerned parties may make an application in Form-XXV before the jurisdictional

Tribunal within ninety days from the date of the report under sub-rule (2) of rule 39.

(2) Upon receipt of the application, Tribunal shall direct the party raising the dispute

to file a statement of claim with complete details along with relevant documents, list

of supporting documents and witnesses within thirty days from the date on which

application is filed. A copy of such statement may be sent electronically or otherwise

for service on each of the opposite parties in the dispute.

(3) The Tribunal after ascertaining that the copies of statement of claim and other

related documents are furnished to the other side by the party raising the dispute, it

shall fix the first hearing as soon as possible and within a period of one month from

the date of service of statement. The opposite party or parties shall file their written

statement together with supporting documents and the list thereof and list of witnesses,

if any, within a period of thirty days from the date of first hearing and simultaneously

forward a copy thereof to the opposite party or parties for service.

(4) Where the Tribunal finds that the party raising the dispute, despite its directions,

did not forward the copy of the statement of claim and other documents to the

opposite party or parties, it shall give directions to the concerned party to furnish

the copy of the statement to the opposite party or parties, granting extension of fifteen

days for filing the statement, if the Tribunal finds sufficient cause for not filing the

statement of claim and other documents within time.

(5) Evidence shall be recorded either in Tribunal or may be filed on affidavit 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 proceeds,

the Tribunal, shall make a memorandum of the substance of what is being deposed.

While recording the oral evidence the Tribunal shall follow the procedure laid down in

rule 5 of Order XVIII of the First Schedule to the Code of Civil Procedure, 1908 (5 of

1908).

(6) The Tribunal may summon and examine any person whose evidence appears to it

to be material for deciding the case and shall be deemed to be a civil court within the

meaning of sections 345, 346 and 348 of the Code of Criminal Procedure, 1973 (1 of

1974).

(7) The representatives of the parties appearing before a Tribunal shall have the right

of examination, cross-examination, re-examination and of addressing the Tribunal,

when evidence has been closed.

(8) Where assessors or experts are appointed to advise a Tribunal under sub-section

(5) of section 49 in relation to proceeding before it, the Tribunal shall obtain the advice

of such assessors or experts, but such advice shall not be binding on such Tribunals.

(9) On completion of evidence, arguments may be heard immediately or a date may be

fixed for arguments, which shall not be beyond a period of fifteen days from the closure

of evidence.

(10) 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 may grant an

adjournment exceeding a week at a time but not in any case more than three

adjournments, at the instance of any one of the parties to the dispute, shall be granted.

(11) 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 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.

(12) The proceedings before Tribunal shall be held in open court:

Provided that the Tribunal may direct any proceeding before it to be held by

video conferencing.

Provided further that Tribunal may at any stage direct that any witness shall be

examined or its proceedings be held in-camera.

(13) The Tribunal shall communicate its Award electronically and or otherwise to the

parties concerned and the Conciliation Officer who submitted the report under Rule

39(2) within one month from the date of the pronouncement of the award.

(14) 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

electronically or 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. 2 per page or fixed by the

state Government time to time.

(b)

For certifying a copy of any such award or order or document, a fee of

Re. 2per page shall be payable or fixed by the state Government time to time.

(c)

Copying and certifying fees shall be payable electronically or in the

tribunal.

(d)

Where a party applies for immediate delivery of a copy of any such award

or document, an additional fee equal to one-half of the fee leviable under this

rule shall be payable.

CHAPTER - VIII

STRIKES AND LOCK-OUTS

41. Number of persons by whom the notice of strike shall be given, the person or

persons to whom such notice shall be given and the manner of giving such notice

under sub-section (4) of section 62. The notice of strike referred to in sub-section (1)

of section 62 shall be given to the employer of an industrial establishment in Form-

XXVI which shall be duly signed by the Secretary and five elected representatives of

the registered Trade Union in the letterhead of the union, which is either a negotiating

union or member trade union of the negotiating council relating to such industrial

establishment endorsing the copy thereof electronically or otherwise to the concerned

Conciliation officer, Labour Commissioner and the State Government.

Provided that every notice of strike shall be accompanied by resolution passed by

majority of the workmen who are members of the union

proposing to go on strike and selection of five workmen to sign the notice of

strike together with the secretary of the union.

42. Manner of giving notice of lock-out under sub-section (5) and authority under

sub-section (6) of section 62.– (1) The notice of lock-out referred to in sub-section (2)

of section 62 shall be given by the employer of an industrial establishment in XXVII

to the General Secretary or Secretary of every registered Trade Union relating to such

industrial establishment endorsing a copy thereof to the concerned Conciliation officer,

Labour Commissioner and the State Government electronically or otherwise. The

notice shall be displayed conspicuously by the employer the notice board or on

electronic board at the main entrance to the industrial establishment.

(2) If the employer of an industrial establishment receives from any person employed

by him any notice of strike as referred to in sub-section (1) of section 62 then he shall

within five days from the date of receiving of such notice, intimate the same

electronically or otherwise to the concerned conciliation officer and Labour

Commissioner.

(3) 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 or otherwise

the same to the concerned Conciliation Officer and the Labour Commissioner and trade

unions and representatives of the trade unions.

CHAPTER - IX

LAY-OFF, RETRENCHMENT AND CLOSURE

43. Manner of serving notice before retrenchment of the worker 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-

XXVIII to State Government, Labour Commissioner and the Conciliation Officer

concerned electronically and by registered or speed post.

44. Manner of giving an opportunity for re-employment to the retrenched worker

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 fifteen days before by registered post

or speed post and electronically to suchretrenched workers who are citizens of India

with a copy to the Conciliation Officer and the Labour Commissioner electronically

and by registered or speed post. If such workers give their willingness for employment

then, the employer shall give them preference over other persons in filling up of such

vacancy.

45. Manner of serving notice by the employer for closing down under sub-section

(1) of section 74. — If any employer intends to close down an undertaking, he shall

give notice of such closing down in Form-XXIX to the State Government and a copy

to Labour Commissioner and the concerned Conciliation Officer electronically and by

registered post or speed post.

CHAPTER - X

SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT AND

CLOSURE IN CERTAIN ESTABLISHMENTS

46. Manner of making application to the State Government by the employer for

the intended lay-off and the manner of serving copy of such application to workers

under sub-section (2) of section 78.- An application in triplicate for permission under

sub-section (1) of section 78 shall be made to the State Government or an officer

authorized by the State Government in this regard, by the employer of an Industrial

Establishment in Form-XXX stating clearly therein the reasons for the intended lay

off and a copy of such application shall also be served simultaneously to the worker/s

concerned and the Labour Commissioner electronically and by registered post or speed

post. Such application shall also be displayed conspicuously by the employer on a

notice board or on electronic board at the main entrance of the industrial establishment.

47. Manner for applying for permission to continue the lay-off under sub-section

(3) of section 78.-The employer shall in case of an industrial establishment being a

mine specified in sub-section (3) of section 78 where the workers (other than Badli

workers or casual workers) have been laid-off under sub-section (1) of section 78 for

reasons of fire, flood or excess of inflammable gas or explosion, within a period of

thirty days from the date of commencement of such lay-off, apply to the State

Government or an officer authorized by it in this regard electronically and by registered

or speed post with a copy to the Labour Commissioner and the Conciliation Officer for

permission to continue the lay-off specifying the number of days; intimating the

number of workers to be laid off, the total number of workers employed in the industrial

establishment, the date of layoff and the reasons for continuation of such layoff.

48. Time-limit for review under sub-section (7) of section 78.- The State

Government may, either on its own motion or on the application made by the employer

or any worker, review its order granting or refusing to grant permission under sub-

section (4) of the section 78 within a period of thirty days from the date on which such

order is made.

49. Manner of making application to the State Government by the employer for

the intended retrenchment and manner of serving copy of such application to

workers under sub-section (1) and (2) of section 79.-An application for permission

referred to in sub-section (1) (b) of section 79 shall be made by the employer in Form-

XXXI to the State Government stating clearly therein the reasons for the intended

retrenchment electronically and by registered post or speed post and a copy of such

application shall also be sent to workers and Labour Commissioner electronically and

by registered post or speed post. Such application shall also be displayed electronically

or otherwise conspicuously by the employer on a notice board or on electronic board

at the main entrance to the industrial establishment.

50. Time-limit for review under sub-section (6) of section 79.- The State

Government may, either on its own motion or on the application made by the employer

or any worker, review its order granting or refusing to grant permission under sub-

section (3) of section 79 within a period of thirty days from the date on which such

orders is made.

51. Manner of making application to the State Government by the employer for

intended closing down of an industrial establishment and the manner of serving

copy of such application to the representatives of workers under sub-section (1)

of section 80.-

(1) An employer who intends to close down an industrial establishment to which

Chapter X of the Code applies shall apply electronically or otherwise in Form-XXXII

for prior permission at least ninety days before the date on which intended closure is

to become effective to the State Government, stating clearly therein the reasons for the

intended closure of the industrial establishment and simultaneously a copy of such

application shall also be sent to the representatives of the workers and the Labour

Commissioner electronically and by registered post or speed post.

(2) The notice or as the case may be the application shall be made in triplicate.

(3) The Employer concerned shall furnish to the State Government to whom the notice

of intended closure has been given or the application for permission to close down

has been made such further information as the Government

considers necessary and calls for from such employer, for arriving at a decision on the

notice, or, as the case may be, the application.

52.Time-limit for review under sub-section (5) of section 80.-The State Government

may, either on its own motion or on the application made by the employer or any

worker, review its order granting or refusing to grant permission under sub-section (2)

of section 80 within a period of thirty days from the date on which such order is made.

CHAPTER - XI

WORKER RE-SKILLING FUND

53. Contribution from other sources into the worker re-skilling fund under clause

(b) of sub-section (2) of section 83.-In addition to contribution of employer under

clause (a) of sub-section (2) of section 83, the fund shall consist of,-

(a) the contribution from Central Government or any body or authority of the

Central Government;

(b) the contribution from State Government or any body or authority of the State

Government; and

by general or special order.

54. Manner of utilization of fund under sub-section (3) of section 83.- (1) Every

employer who has retrenched a worker or workers under this Code, shall, within ten

days, at the time of retrenching a worker or workers shall electronically transfer an

amount equivalent to fifteen days of last drawn wages of such retrenched worker or

workers and relevant funds in accordance to sub-rule(1) of rule 52, in the account

provided by the Government of Karnataka. Name of the account shall be displayed on

the website/ labour portal of the Labour Department (if any) maintained by the State

Government. The amount equivalent to fifteen days of last drawn wages of such

retrenched worker(s),the amount so received shall be transferred by the Government

of Karnataka to each worker or workers’ account electronically within forty five days

of receipt of funds from the employer. The employer shall also submit a self-attested

list containing the name of each worker retrenched and the amount equivalent to fifteen

days of wages last drawn in respect of each worker along with their relevant bank

account details to enable the State Government to transfer the amount in their

respective accounts.

Explanation - The State Government shall transfer the amount equivalent to fifteen

days of last drawn wages of such retrenched worker(s) only if the above said amount

is transferred electronically by every employer who has retrenched a worker or workers

under the Code within ten days of such retrenchment to the account maintained by the

Government of Karnataka

(2) The State Government and the employer shall endeavour to up-skill or re-skill

employees by conducting various training programmes under Recognition of Prior

Learning (RPL) or any other schemes so designed.

CHAPTER - XII

OFFENCES AND PENALTIES

55. Manner of composition of offence by a Gazetted Officer and the manner of

making application for the compounding of an offence under sub-section

(1) of section 89.- (1) The officer notified by the State Government for the purposes of

compounding of offences under sub-section (1) of section 89 (hereinafter referred to

as the compounding officer), upon receipt of an application by the accused

electronically or by registered post and within 30 days of such receipt, shall in the

offences for which prosecution is not instituted, is of the opinion that any offence under

the Code for which the compounding is permissible under section 89, he shall send a

notice through Labour Portal to the accused in Form XXXIII, where it is the first

offence or in Form XXXIII-A where it is a subsequent compoundable offence,

consisting of three parts. In part I of such Form, the compounding officer shall inter-

alia specify the name of the offender and his other particulars, the details of the offence

and in which section the offence has been committed, previous offences and their

details, if any, the compounding amount required to be paid towards the composition

of the offence. Part II of the Form shall specify the consequences if the offence is not

compounded and part III of the Form shall contain the application to be filed by the

accused if he desires to compound the offence. Each notice shall have a continuous

unique number containing alphabets or numeric and other details such as officer

sending notice, year, place, type of inspection for the purpose of easy identification.

(2) The accused to whom the notice referred to in sub-rule (1) is served, may send the

part III of the Form duly filled by him to the compounding officer electronically and

deposit the compounding amount electronically, within fifteen days of the receipt of

the notice, in the account specified by the compounding officer in the notice.

(3) Where the prosecution has already been instituted against the accused in the

competent Court, he may make an application to the Court to compound the offence

against him and the Court, after considering the application, may allow composition of

the offence by the compounding officer in accordance with provisions of section 89.

(4) If the accused complies with the requirement of sub-rule (2), the compounding

officer shall compound the offence for the amount of money deposited by the accused

and-

(a)

if the offence is compounded before the prosecution, then no complaint

for prosecution shall be instituted against the accused; and

(b)

if the offence is compounded after institution of prosecution under sub-

rule (3) with the permission of the Court, then, the compounding officer shall

treat the case as closed as if no prosecution had been launched and will proceed

in accordance with composition as under clause (a) and intimate the

composition of offence to the competent Court in which the prosecution is

pending and after receiving such intimation, the Court shall discharge the

accused and close the prosecution.

(5) The compounding officer shall exercise the powers to compound the offence under

this rule, subject to the direction, control and supervision of the State Government.

CHAPTER - XIII

MISCELLANEOUS

56. Protected workers under sub-section (3) and (4) of section 90.-(1) Every

registered Trade Union connected with an industrial establishment, to which the Code

applies, shall communicate to the employer before the 30th April of every year, the

names and addresses of such of the officers of the Union who are employed in that

establishment and who, in the opinion of the Union should be recognized as protected

workers. Any change in the incumbency of any such officer shall be communicated to

the employer by the union within fifteen days of such change.

(2) The employer shall, subject to sub-section (3) and sub-section (4) of section 90,

recognize such workers to be protected workers for the purposes of section 90 and

communicate to the Union, in writing, within fifteen days of the receipt of the names

and addresses under sub-rule (1), the list of workers recognized as protected workers

for the period of twelve months from the date of such communication.

(3) Where the total number of names received by the employer under sub-rule (1)

exceeds the maximum number of protected workers, admissible for the industrial

establishment, under sub-section (4) of section (90), the employer shall recognize as

protected workers only such maximum number of workers:

Provided that where there is more than one registered Trade Union in the

industrial establishment, the maximum number shall be so distributed by the employer

among the Unions that the numbers of recognized protected workers in individual

Unions bear practicably by the same proportion to one another as the membership

figures of the Unions. The employer shall in that case intimate in writing to the

President or the Secretary of the each concerned Union the number of protected

workers allotted to it.

Provided further that where the number of protected workers allotted to a Union

under this sub-rule falls short of the number of officers of the Union seeking protection,

the union shall be entitled to select the officers to be recognized as protected workers.

Such selection shall be made by the Union and communicated to the employer within

five days of the receipt of the employer‘s letter in this regard.

(4) When a dispute arises between an employer and any registered Trade Union in any

matter connected with the recognition of protected workers‘ under this rule, the dispute

shall be referred to the Assistant Labour Commissioner concerned, whose decision

thereon shall be final.

57. Manner of making complaint by an aggrieved worker under section 91.- (1)

Every complaint under section 91 of the Code shall be made electronically and by

registered post or speed post in Form-XXXIV 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 authorized representative of the worker proved to the satisfaction of

the conciliation officer, arbitrator or Tribunal to be acquainted with the facts of the

case.

58. Manner of authorization of worker for representing in any proceeding under

sub-section (1) of section 94.-Where the worker is not a member of any Trade Union,

then, any member of the executive or other office-bearer of any Trade Union connected

with or by any other worker employed in the industry in which the worker is employed

may be authorized by such worker to represent him in any proceeding under the Code

relating to a dispute in which the worker is a party in Form-XXXV.

59. Manner of authorization of employer for representing in any proceeding

under sub-section (2) of section 94.- Where the employer, is not a member of any

association of employers, may authorize in Form-XXXVI 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.

60. Repeal and savings.- The Industrial Tribunal (Karnataka Procedure) Rules, 1955,

the Industrial Disputes (Karnataka) Rules, 1957, the Industrial Employment (Standing

Orders) Karnataka Rules, 1961 and the Karnataka Trade Union Regulations, 1958 are

hereby repealed:

Provided that, the said repeal shall not affect,-

(a)

the previous operation of the said rules or anything duly done or suffered

there under, or

(b)

affect any right, liability or obligation acquired, accrued or incurred under

the said rules.

By order and in the name of

Governor of Karnataka,

(Praveena Kumara Hanni)

Desk Officer-3,

Labour Department.

Form I

(See rule 3)

Memorandum of Settlement.

(Written agreement between the employer and workers arrived in the course of conciliation

proceeding)

Names of the Parties:

……………………………….……………. Representing employer(s);

…………………………….……………. Representing workers;

Short recital of the case

………………………………………………………..

Terms of settlement

……………………………………………………….

Signature of the parties / Authorized Representatives of the Parties

Witnesses for the the Employer                                                        Witnesses for the Workers

Date:

Place:

Signature and seal of the Conciliation Officer

 Form I-A

(See Rule 3) 

Memorandum of Settlement.

(Written agreement between the employer and workers arrived at otherwise than in the course of

conciliation proceeding)

 Names of the Parties:

……………………………….……………. Representing employer(s);

…………………………….……………. Representing workers;

Short recital of the case

………………………………………………………..

 Terms of settlement

……………………………………………………….

Signature of the parties / Authorized Representatives of the Parties

Witnesses for employers                                                                      Witnesses for workers

Copies to

(1) Conciliation officer having jurisdiction.

(2) Labour Commissioner.

(3) Secretary, Government of Karnataka, Department of Labour.

Form II

(See rule 6)

Manner of filing application before the Grievance Redressal Committee by any aggrieved

worker under sub-section (5) of section 4

To,

The members of the Grievance Redressal Committee

………………………………………………………

……………………………………………………....

………………………………………………………

Application No:

Reference No:

1. Name of the worker aggrieved…………………………………….

2. Address and E-mail ID………………………………………

3. Designation and Employee ID/ Code…………………..

4. Department/ Section……………………………..

5. Date of joining………………………………..

6. Category of work*……………………………

7. Nature of grievance…………………………………………………………

8. Date of occurrence of the grievance …………………………………………

9. Relief sought…………………………………………………………….

10. Whether applied within time limit……………………………………….

11. Date and signature of the worker……………………………...

12. Electronic submission of the Application/Manual filing…………………

(Please prefer your choice of filing)

* Un-skilled/ Semi-skilled/ Skilled/Highly Skilled

Form II-A

(See rule 7)

Manner of filing application under sub-section (8) of section 4 for the Conciliation of

grievance as against the decision of the Grievance Redressal Committee through the Official

Portal of the  Labour Department 

Jurisdiction of the Conciliation Officer

(LO/ALC/DLC/ADLC)

(Enter the official address of the concerned Conciliation Officer)

1. Name and address of the worker/applicant…………………………………….

Name of the worker/s………………………..Applicant

Name of the Establishment……………………Respondent-1

Grievance Redressal Committee………………Respondent-2

2. Name and address of the establishment where working………………..

3. Date of order of the decision by the GRC……………………………….

4. Matter in dispute…………………………………………………………

Grievance Redressal not resolved/ partially resolved

5. Relief sought before the Conciliation Officer……………………………

6. Whether applied within time limit……………………………………….

7. Name of the Trade Union espousing the dispute…………………………

8. Whether member of the above said Trade Union*………………………...

*If no, a request by the concerned worker to a Registered Trade Union to espouse his dispute is

considered sufficient

9. Any other matter to be referred to the Conciliation Officer………………

10. Date and signature of the applicant filing the dispute…………………...

11. Date and signature of the office bearers of the Trade Union…………….

12. Electronic submission of the Application/Manual filing…………………

Form III

(See sub rule (7) of rule 9)

Auditors' Declaration

The undersigned having had access to all the books and accounts of the............... (Name of the Trade

Union) and having examined the foregoing statements and verified the same with the account

vouchers relating thereto, now sign the same as found to be correct, duly vouched and in accordance

with the law, subject to the remarks, if any, appended hereto and also certify that the...................

(Name of the Trade Union) has properly maintained its membership register and its accounts and the

members have paid their membership subscription Rs..........................................to the.................

(Name of the bank with account number) as shown in the foregoing statement of the general fund

account of the trade union, subject to the remarks, if any, appended hereto.

(1) Auditor

(2) Auditor

Note :- Each Auditor should state below his signature in what capacity with reference to Rule 9 he is

qualified to audit the trade union's accounts.

Form IV

(See sub rule (1) of rule 10)

Application for Registration of Trade Unions

Name of the Trade Union..............

Address and E-mail ID..................

Dated the......... day of.......... 20....

1. This application is made by the persons whose names are subscribed at the foot hereof.

2. .The name under which it is proposed that the 'Trade Union on behalf of which this

application is made shall be registered, is.............as set forth in Rule No...............A copy of the

resolution approving the name of the union passed in a meeting of.............on..............is

enclosed.

3. The................Union came into existence on the.........day of........... 20......

4. The address of the head office of the union and E-mail ID to which all communications and

notices may be addressed, is................

5. The union is a union of employers/workers engaged in the................industry or/....................

professions /or........... (Establishment) and has..................members. (Strike that which is not

applicable)

6. The particulars required by Section 6 of the Code, are given in Schedule I. A copy of the

manner and proceedings of appointment/election as officers of the unions is enclosed.

7. The particulars given in Schedule II show the provision made in Rules for the matters detailed

in Section 7 of

the Code. A

copy

the

resolution

passed

meeting

the.........................on.............approving the Rules is enclosed. (To be struck out in the case of

unions which have not been in existence for one year before the date of application).

8. The particulars required by Section 8(2) of the Code, are given in Schedule III.

9. Two copies of the Rules of the union are attached to this application duly subscribing the

names of seven or more members as required under Section 6 of the Code.

10. The balance of the General Fund Account of the Trade Union on the day of registration is

Rs ............

11. We have been duly authorized by the Trade Union to make this application on its behalf such

authorization consisting of *...............

Name

Age

Occupation Address Signature E-mail ID

(1)

(2)

(3)

(4)

(5)

(6)

*State here whether the authority to make this application was made by a resolution of a general body

meeting of the Trade Union or if not, the procedures followed.

To,

The Registrar of Trade Unions,

Karnataka.

Schedule I

List of Officers of the Trade Union..................

Serial

No.

Office held

in the Union

Name

Age

Occupation

Address

(1)

(2)

(3)

(4)

(5)

(6)

etc

Schedule II

Reference to Rules

The numbering of the rules for several matters detailed in column (1) are given in column (2) :-

Matter

(1)

Number of Rules

(2)

1. Name of Union.

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

2. The whole of the object for

which the union has been

established.

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

3. The whole of the purposes for

which the general funds of the

union shall be applicable.

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

4. The maintenance of a list of

members.

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

5. The facilities provided for the

inspection of the list of members

by officers and members.

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

6. The admission of ordinary

members.

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

7. The admission of honorary or

temporary members.

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

8. The conditions under which

members are entitled to benefits

assured by the Rules.

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

9. The conditions under which

fines or forfeitures can be

imposed or varied

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

10. The manner in which the Rules

shall be amended, varied or

rescinded.

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

11. The manner in which the

members of the executive and

the other officers of the union

shall be appointed and

removed.

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

12. The safe custody of the funds.

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

13. The annual audit to the

accounts.

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

14. The facilities for the inspection

of the account books by officers

and members.

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

15. The manner in which the union

may be dissolved.

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

16. Any other matter as prescribed

under the Rules

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

Schedule III

(To be filled in by those unions that came into existence for more than one year before the date of

application for registration as specified under sub-section (2) of section 8)

Statement of Assets and Liabilities on the..... day of..... 19.......

Assets

Liabilities

(1)

(2)

(3)

(4)

Cash

Amount of general fund...

In hands of Treasury

Amount of political fund...

In hands of Secretary

Loans from...

In hands of any other

office bearers

Debts due to...

In the Bank

Other liabilities (to be

specified)

Securities as per list below

Unpaid subscriptions due

loans to-

Immovable property

Goods and furniture

Others assets (to be

specified)

Total assets

Total liabilities

List of Securities

Particulars

Face

Value

Cost price

Market

value

(1)

(2)

(3)

(4).

(Signed)

Form IV-A

(Under sub-rule (2) of Rule 10)

Affidavit for Registration or Cancellation of Registration

I ……………………………………………… Shri/Smt ……………………………………

Address ………………………………….. Occupation ………………………………………Age

……………………………..Years ………………………… truly declare in writing that on this date

…......in this region/ jurisdiction ………… for the Union under the chairmanship of

….……….in which (Name of the Union) has been registered under the Trade Union Act, 1926/IR

Code 2020.

The name and the registration details is as follows

S.N

Name

Age

Occupation

Address

Phone

The above mentioned registrants and their deputation still stand valid and are still valid members of

the Union.

On this date the executive committee was elected in the general body election dated ……

The above mentioned persons have filed the application regarding registration/ cancellation of

registration (whichever is applicable). According to my information, the application has been

included in the list of members, attached membership list is true.

I swear and believe that the above statement is true to my information and knowledge.

Signature of the applicant

Date:

Place:

Form V

(See sub rule (3) of rule 10)

Authorisation on behalf of Trade Union

(1) Name of the Trade Union..................

(2) List of members and their names applying for registration of a Trade Union ………

1. ……..

2. ……..

3. …….

4. …….

5. …….

6. …….

7. …….

Officers authorising the above members:

Serial

No.

Office

held in

the

Union

Name Age Occupation Address

(1)

(2)

(3)

(4)

(5)

(6)

etc

(3) Attach certified copy of the resolution passed about the authorization of the applicant/s.

Date:

Place:

Signature of the Authorised persons/ Office Bearers

Form VI

(See sub rule (5) of rule 10)

Register of Trade Unions

Office of the Registrar of Trade Unions

Government of Karnataka

Name

of the

Unio

Addres

s of

office

and E-

mail ID

Date of

registratio

Name

present

Office

Bearer

Number

Member

Date of

Cancellatio

Date of

dissolutio

Date of

amalgamatio

Name of the

trade union

with which

amalgamate

Date

chang

e in

office

bearer

Date

change

rules

Any other

information

Remarks

Form VII

(See sub rule (7) of rule 10)

Certificate of Registration of Trade Union

Office of the Registrar of Trade Unions

Government of Karnataka

1. Registration No and Date....................

2. Name of the Trade Union................

It is hereby certified that the................... (Name of the Trade Union) has been registered under

sub-section 1 of section 9 of the Code, this day of. ........20................. given under my seal and

designation

(SEAL)

Registrar of Trade Unions

Form VIII

(See sub rule (8) of rule 10)

Application for Withdrawal/ Cancellation of Certificate of Registration

Name of the Trade Union...................................................................................................

Registration Number...................................................................................................

Date of Registration...................................................................................................

Address and E-mail ID

………............................................................................................................................

Dated..................the.................day of................20......

To,

The Registrar of Trade Unions,

Government of Karnataka

The above mentioned trade union desires that its Certificate of Registration obtained under the

Code, be withdrawn/ cancelled as approved at the general body meeting* duly held on ....................

day of.............20.... under the Chairmanship of........................it was resolved as follows

“..............................................................

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

.......................................................................................................”

(Attach the copy of the resolution)

Authorized Signature

*If not at a general body meeting, state in what manner the request has been determined upon.

Form IX

(See sub rule (5) of rule 12)

Notice of Change of particulars of the Trade Union

Name of trade union registered....................................

Number and Date of Registration.....................................................................

Address.........................................................................................

Dated this.........................day of..................20.......

To,

The Registrar of Trade Unions,

Government of Karnataka

Notice is hereby given that the provisions of Section 11 of the Code, 2020, having been

complied with the name of the above mentioned trade union, the following particulars (constitution/

rules etc.,) has been changed to.........................

The consent of the members was obtained by*

(Signed) 1..................... Secretary

2.................... Member

3.................... Member

4.................... Member

5.................... Member

6.................... Member

7.................... Member

8.................... Member

* i.e., by referendum, resolution of a general body meeting, etc. If the procedure followed is covered

by rule, quote the rule number of the by-law.

Schedule I

AMENDMENT IN RULES

The amendment in the Rules for the matters detailed in column (1) and (2) are given in column (3)

as follows :-

S.N

Matter

(1)

Original Rules

(2)

Amendment proposed

(3)

Name of Union.

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

The whole of the object 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 officers and

members.

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

The admission of ordinary

members.

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

The admission of honorary or

temporary members.

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

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

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

10. The manner in which the

Rules shall be amended,

varied or rescinded.

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

11. The manner in which the

members of the executive and

the other officers of the union

shall be appointed and

removed.

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

12. The safe custody of the funds.

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

Form X

(See sub rule (1) and (2) of rule 15)

Application for declaring the Trade Union as sole Negotiating Union or Member of the

Negotiating council

Name of the union/ industrial establishment.................................................................

Address..................................................................................

Dated the .............................day of................ 20..............

To,

The Registrar of Trade Unions,

Government of Karnataka

Dear Sir,

I wish to state that the above-mentioned Trade union is to be declared as sole Negotiating

Union / as the member of Negotiating Council for the Industrial Establishment , namely --------------

--------------------------------------------------------------------, Address ---------------------------------------

under sub sections (3) and (4) of Section 14 of the Code, and I request that it may be registered

accordingly in the records of the Registrar. A copy of the particulars and other documents in this

behalf signed by the authorized person is enclosed.

2. The union was registered on the ........................... day of........ 19... under Certificate

No........................................issued by the Registrar of Trade Unions for Karnataka.

3. A copy of the rules of the Union is attached

4. The address of the head office of the union to which all the communications may be addressed

is............................................

5. The union has......................members in the..............the Industrial Establishment named above

..............and represents...........per cent of the total number of employees employed in

the the Industrial Establishment named.

Authorized Signature

Form XI

(See sub rule (4) of rule 15)

Register of Negotiating Union or Negotiating council

No/

ent

Name of

the

Negotiat

ing

Union

Name of

the

member

union of

negotiat

ing

Council

Negotiat

ing

Union

Addr

ess of

office

Date of

registrat

ion

Name

prese

Offic

Beare

Numbe

r of

Memb

ers

Name of

the

Industrial

Establishm

ent

Address of

the

Industrial

Establishm

ent

Total

numb

er of

worke

which

are

memb

ers of

the

Trade

Union

Percentage

of workers

which are

members

of The

Negotiating

Union/ Me

mber of

Negotiating

Council

Date of

declarati

on by

the

Registra

Any other

information

Remark

Form XII

(See Rule 19)

Application for adjudication before the Tribunal under sub-section (1) of section 22.

To,

The Jurisdictional Tribunal.

Between

…………………………………………….............. Trade Union (Name)

…..………………………………………………….Trade Union (Name)

Between

………………………………………….. Member/s of Trade Union (Name)

…………………………………………..Member/s of Trade Union (Name)

Between

……………………………………… Federation of Trade Unions (Name)

………………………………………………………………..Any Respondents

We hereby file the below dispute which has arisen between the parties mentioned above with

respect to registration/administration/management/election of office bearers/refusal of admission as

members/

(mention

any

other

dispute/differences)……………………………………………………………………………………

…………………………………………………………………………………………………………

…….., having registered office at …………………………………………… (mention address).

Relevant documents are attached herewith.

The application for adjudication has been filed within 90 days.

We pray the Hon’ble Tribunal to pass an appropriate order in the interest of justice.

Date:

Signature of the Applicant.

Place:

Form XIII

(See sub rule (1) of rule 20)

Notice of Amalgamation of Trade Unions

A. Name of registered Trade Union.......................................................

B. Number of registration...............................................................

S.N

Name of the

Trade Union

Registration

number

Address

and E-

mail ID

(1)

(2)

(3)

(4)

C. Dated the......................day of......................19.......................

To,

The Registrar of Trade Unions,

Government of Karnataka

Notice is hereby given that in accordance with the requirements of Section 24 of the Code, the

members of each of the above mentioned trade unions have resolved to become amalgamated together

as one trade union. Copies of the resolution approving the amalgamation are enclosed.

And that the following are the terms of the said amalgamation.

………………………………………………………….(State the terms)

…………………………………………………………….

And

that

intended

that

the

trade

union

shall

henceforth

called

the....................................................

Accompanying this notice is a copy of the Rules intended to be henceforth adopted by the

amalgamated trade union.

(To be signed by seven members and the

Secretary of each trade union)

(Signed) 

1..................... Secretary

2.................... Member

3.................... Member

4.................... Member

5.................... Member

6.................... Member

7.................... Member

8.................... Member

Form XIV

(See sub rule (3) of rule 20)

Notice of Change of Name after amalgamation

Name of trade union already registered....................................

Registration number.....................................................................

Address.........................................................................................

Dated this.........................day of..................20.....

To,

The Registrar of Trade Unions,

Government of Karnataka

Notice is hereby given that the provisions of Section 24 of the Code, having been complied

with the name of the above mentioned trade union has been changed to.........................

The consent of the members was obtained by*

(Signed)

1..................... Secretary

2.................... Member

3.................... Member

4.................... Member

5.................... Member

6.................... Member

7.................... Member

8.................... Member

*i.e., by referendum, resolution of a general body meeting, etc. If the procedure followed is covered

by rule, quote number of the rule.

Form XV

(See sub-rule (2) of rule 21)

Notice of the Dissolution of a Trade Union

Name of trade union.....................................................................

Registration number.............................................

Dated the...............day of............. 19............

To,

The Registrar of Trade Unions,

Government of Karnataka

Notice is hereby given that the above mentioned trade union was dissolved in pursuance of

the Rules thereof on the ........................ day of ............ 20.....

Notice is hereby given that the following rules of the trade union given under Schedule I are

proposed to be amended in pursuance of the Rules thereof on the ........................ day of ............

20.....

We have been duly authorized by the union to forward this notice on its behalf, such

authorization consisting of a resolution passed at a general body meeting on the* ................... day

of............................ 19..., copy of which is enclosed.

(Signed) 

1..................... Secretary

2.................... Member

3.................... Member

4.................... Member

5.................... Member

6.................... Member

7.................... Member

8.................... Member

*Here insert the date, or, if there was no such resolution, procedures followed for authorization

Note: (1) Strict adherence with the byelaws of the trade union regarding dissolution 

(2) In the absence of such byelaws, at least majority of the members of the Trade Union agree

for dissolution.

Signature of the Applicant/s

Form XVI

(See sub-rule (1) of rule 22)

Part A

General Statement prescribed under Section 26 of the Code

From 1st January, 20............ to 31st December, 20....

1. Name of the Trade

Union............................................................................

2. Address.......................................................................................

3. Registered Head Office.................................................................

4. No. and Date of Certificate of Registration..........................

5. To which category of industry the union belongs? viz., the public

sector or private sector.

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

6. Under whose jurisdiction the above mentioned Industry falls? viz.,

Central Government or State Government.

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

7. Is the union affiliated to any All India Body? If so, state its name

and affiliation number.

........No.......

8. Affiliation fee............

Rs. ......

9. Number and date of payment of affiliation fee to the All India

Body.

Receipt No.

…....date......

10. Number of the members of the Working Committee.

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

11. Number of outsider members, if any, in the Working Committee. ....................

12. Name of the industry to which the union belongs.

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

13. Details about the jurisdiction of the union.

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

14. Monthly subscription for the members.

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

15. (This information need not be given by Federations of trade unions)

(a) Number of members on books at the beginning of the year

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

(b) Number of members admitted during the year

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

Total of (a) and (b)

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

Balance by deduction from the

Total of (a) and (b)

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

(d) Total number of members on books at the end of the year (i.e.,

on 31st December):-

Men.........

Women.....

Total...........

(e) Number of members contributing to Political fund.

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

(f) Number of members paying their subscription for the whole

year.

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

16. Return to be made by Federations of trade unions :-

(a) Number of unions affiliated at the beginning of the year.

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

(b) Number of unions joining during the current year.

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

(d) Number of unions affiliated at the end of the year.

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

(e) Membership fee realized from the affiliated unions.

Rs..........

(f) Number of affiliated unions from whom membership fee was

received during the year.

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

(g) Number of affiliated unions contributing to Political fund.

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

(h) Number of members of affiliated unions.

Men.........

Women.....

Total............

Note :- Information in regard to-

(a) Columns 1 to 13 of Part A of this statement to be filled in by both the categories, i.e.,

unions and federations.

(b) Columns 14 and 15 to be filled in only by the trade unions, not by federations.

2. A copy of the rules of the trade union corrected up to the date of dispatch thereof to be enclosed

with the statements of annual return in accordance with clause (b) of sub-section (1) of Section 26.

Part B

General Fund Account

Income

Expenditure

S.N

Details

Rs.

S.N

Details

Rs.

1. Opening Balance

Salaries, allowances and office

expenses.

2. Subscription received from members

as per the following details : -

Salaries, allowances and other

expenses of the establishment

(a) Subscription received for the

current year.

Auditors fees.................

(b) Subscription in arrears for the

current year -

Legal expenses.................

(1) Subscription in arrears for 3

months or less.

Expenses in conducting trade

disputes.

(2) Subscription in arrears for 6

months or more than 6 months.

Compensation paid to members for

loss arising out of trade disputes

than one year

Expenditure towards Social

Security like funeral, old age,

sickness, unemployment benefits,

etc.

Total .............

Educational, social and religious

benefits.

3. Donations.

Cost of publishing periodicals

4. Interest on investments

10.

Rents, rates and taxes

5. Sales of periodicals, books and rules,

etc.

11.

Stationery, printing and postage.

6. Income from miscellaneous sources

(to be specified).

12.

Expenses incurred under Section

15 (1) of IR Code, 2020

13.

Other expenses (to be specified)-

(1)..........................

(2)..........................

(3)..........................

(4).........................

Total expenditure ........

(5).........................

(6).........................

Balance at the end of the year.....

Total.....................

Total....................

Treasurer

Part C

Statement of Assets and Liabilities of Trade Union

On.................. 20......

S.N

Assets

S.N

Liabilities

(1)

(2)

(3)

(4)

Cash

(a) In hands of Treasury

Amount of general fund

Amount of political fund

(b) In hands of Secretary

Loans from

In hands of any other office

bearers

Arrears to be paid

In the Bank

Other liabilities (to be

specified)

Securities (as per list in Part

Unpaid subscription due [as

shown in Part B in columns 2

(b) and (c)]

(a) Amount of the current

year's subscription

(b) Amount of the last year's

subscription

Loans:

(a) Officers

(b) Members

Goods and furniture

(a) Of the current year

(b) Of last year

Immovable property

Others assets (to be specified)

Total assets

Total liabilities

Part D

List of Securities

Particulars

Face

Value

Cost

Price

Market

price at

date on

which

accounts

have

been

made

Deposited

with

(1)

(2)

(3)

(4)

(5)

Part E

Political Fund Account

Income

Expenditure

Details

Rs.

Details

Rs.

1. Opening Balance

1. Payments made on

objects specified in

Section 15 (2) of IR

Code, 2020

2. Contributions from

members

2. Expenses of

management (to be fully

specified)

Total

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

Balance at the end of the

year

Total........

Total

........

Part F

Auditors' Declaration

The undersigned having had access to all the books and accounts of the...............and having examined

the foregoing statements and verified the same with the account vouchers relating thereto, now sign

the same as found to be correct, duly vouched and in accordance with the law, subject to the remarks,

if any, appended hereto and also certify that the...................had properly maintained its membership

Rs...........................................to the.................as shown in the foregoing statement of the General fund

account of the trade union, subject to the remarks, if any, appended hereto.

(1) Auditor

(2) Auditor

Note :- Each Auditor should state below his signature in what capacity with reference to Rule 9 he is

qualified to audit the trade union's accounts.

Part G

Officers appointed by election or nomination

Name Date

birth

Home

Address

Occupation Office

held

in the

union

Whether by

election or

nomination

Date on which

appointment in

column (5) was

taken up

(1)

(2) (3)

(4)

(5)

(6)

(7)

Part H

The following changes of officers have been made during the year of submission of the annual

returns

Officers relinquishing office

No.

Name

Office

Date of

relinquishing

office

Reasons for

relinquishing

(1)

(2)

(3)

(4)

(5)

.Form XVII

(See sub rule (1) of rule 23)

Application for recognition as State Level Trade Union or Federation of Trade Unions

Name of the Trade union/ Federation of Trade Unions.................................................................

Address..................................................................................

Dated the .............................day of................ 20...

To,

The Secretary or Authorized Officer (Designation)

Government of Karnataka, Department of Labour

Dear Sir,

1. I wish to state that at the general body meeting of the members/at the meeting of the executive of

the above mentioned Trade union/ Federation Of Trade Unions which was held at...................on the

day of............. 20...., it was resolved that the union should apply for recognition as State Level

Trade Union under sub section (2) of Section 27 of the Code. A copy of the resolution in this behalf

signed by the President/Chairman of the union is enclosed.

2. The union is duly registered on the ........................... day of........year ..., under Certificate No.

.......................................issued by the Registrar of Trade Unions for Karnataka.

3. A copy of the rules of the Union is attached.

4. The address of the head office of the union to which all the communications may be addressed

is............................................

5. The 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.

6. The union has total ......................members in the state. (District Wise, Trade Union wise

membership details to be provided)

Signature of General Secretary/Secretary.

Form XVIII

(See sub-rule (2) and (5) of Rule 25)

Notice of Application of Draft Standing Order for Certification under clause (i) and (ii) of

sub-section (5) of Section 30

It is hereby brought to your notice (Trade Union/ Negotiating Union/ Negotiating Council/Workers

Representatives, whichever is applicable) that the attached Draft Standing Order has been submitted

for certification by your employer________________(Name of the industrial establishment/

undertaking) on _________(Date of submission to certifying officer). You are hereby directed to

submit any comments to the draft standing order within thirty days (as the case may be)_________

to me either electronically or registered post/ speed post.

Signature of Certifying Officer

Name

Note:

1. In cases of clause (i) of sub-section (5) of Section 30, notice shall be sent by the Certifying

officer

2. In cases of clause (ii) of sub-section (5) of Section 30, notice and a copy of the draft

Standing order shall be served by the Jurisdiction Labour Officer to the workers

representatives.

Form XIX

(See rule 32)

Form seeking modification of Standing Order as under sub-section (2) of Section 35

To,

Jurisdictional Certifying Officer

I __________ (name), the _________ (designation) of _______ (name of the industrial

establishment/Employer/Trade Union/Workers Representative, (write whichever is applicable),

(a) the unique number assigned to the certified standing order

(b) name of industrial establishment;

d) date of certification or deemed certification or date of adoption of model standing

order by each establishment or undertaking;

(e) the addresses of the premises of the operations of the industrial establishment,

would like to inform that I am seeking for modifications to the Certified Standing Orders as

given in the below table.

Table:

Sl.

No.

Provisions of the

certified Standing

Order Sought to be

modified/Deleted

Suggested

Modifications/Additions/

Deletions

Reasons for such

Modifications/Additions/Deletions

(1)

(2)

(3)

(4)

Signature of the applicant

(Name of the Industrial establishment/Employer/Trade

Union/Workers Representative, write whichever is applicable)

Form XX

(See sub-rule (1) of rule 33)

Notice of change of service conditions proposed by an employer

Name of the Employer................................................................................................

Name of the Establishment.................................................................

Address...............................................................................................................

Dated the ............................................day of ................................. 20..............

In accordance with Section 40(i) of the Code, I/We hereby give notice to all concerned worker

(s) 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 worker (s) in respect of the matters specified in the

Third Schedule to this code.

Signature.....................

Designation.................

ANNEXURE

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

…………………………………………………………………………………………………………

………

Copy forwarded to:

1. The Secretary of Registered Trade Union/s, if any.

2. Labour Commissioner.

3. Concerned Conciliation Officer.

Form- XXI

(See sub rule (1) of rule 34)

Arbitration Agreement for Voluntary Reference of Disputes

BETWEEN

………………Name of the parties representing Employer (s)

And

………………….Representing worker/s

It is hereby agreed between the parties to refer the following industrial dispute to the arbitration of

........................ (here specify the name(s) and address(es) of the arbitrator (s)).

(i)

Specify matters in industrial dispute.

(ii)

Details of the parties to the dispute including the name and address of the establishment or

undertaking involved.

(iii)

Name of the worker in case he himself is involved in the dispute or the name of the union,

if any, representing the worker or workers in question.

(iv)

Total number of workers employed in the undertaking affected.

(v)

Estimated number of workers affected or likely to be affected by the dispute.

We further agree that the majority decision of the arbitrators shall be binding on us. In case

the arbitrator(s) are equally divided in their opinion, an umpire* shall be appointed whose award shall

be binding on the parties to this agreement.

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 through

Notification by the State Government.

Signature of the parties representing employer/ Representing worker (s).

Witnesses

1. ..................................

2. ..................................

*See sub-section (2) of sec 42 of the Code.

Copy to:

(1)The Conciliation Officer (here enter office address of the Conciliation Officer for the area

concerned).

(2) Labour commissioner

(3) Secretary to the Government of Karnataka, Department of Labour, with a request to issue

Notificatio

Form XXII

(See rule 36)

Authorization by a worker or group of workers to be represented in arbitration proceeding

before the arbitrator under Section 42 (5) (i) (c).

Before the Arbitrator/s

(Here mention the authority concerned)

In the matter of:. (Mention the name of the proceedings/dispute)

.............................................workers

Versus ………….................................................................................................Employer

I/we hereby authorise the following representatives of workers to represent me/us in the above

matter.

1..............................

2..............................

3..............................

Dated this......................day of..............................20..........

Signature of person(s) nominating the representative(s)

*Attach a copy of the resolution passed to this form.

Form XXIII

(See sub rule (22) of rule 37)

Form of Oath of Office for Judicial Member of State Industrial Tribunal

I, ……………., having been appointed as Judicial 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 of 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.

Place:

Date:

Signature

Form XXIV

(See sub rule (22) of rule 38)

Form of Oath of Office for Administrative Member of State Industrial Tribunal

I, ……….., having been appointed as Administrative Member (whichever is applicable) 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 Administrative Member of 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:

Form XXV

(See sub rule (1) of rule 40)

Application to be submitted before the Tribunal in the matter not settled by the Conciliation

Officer

Before…………… (here mention the name of the Tribunal having jurisdiction over the area)

In the matter of:

............................................ Applicant

Address.................................................

.....................................Opposite party (ies)

Address......................................................

The above mentioned applicant prays to state as follows:-

(Here set out the relevant facts and circumstances of the case: grounds for appearance and relief

sought before the Tribunal).

The applicant prays that the dispute may please be admitted for adjudication and to pass appropriate

relief/ Award.

Signature of the Party

Date …......

Place .........

Form XXVI

(See rule 41)

Notice of Strike to be given by Union (Name of Union/ Group of Workers)

Name of five elected representatives of workers……………………………………………..

Dated the...............day of................20............

(The Name of the Employer)

Dear Sir/Madam,

In accordance with the provisions contained in sub-section (4) of section 62 of the code, We

hereby give you notice that we propose to call a strike / propose to go on strike on ………..20…..,

for the reasons explained in the Annexure- I and a copy of the resolution to go on strike in

Annexure-II

(Secretary of the Union)

[Five representatives of the workers duly elected

at a meeting held on .............................. (date),

vide resolution attached as per proviso to rule

41]

Annexure-I: Statement of the reasons of going on strike

Annexure-II: Copy of resolution to go on strike

Copy to;

1) Conciliation Officer having jurisdiction.

2) Labour Commissioner.

3) Secretary, Department of Labour, Government of Karnataka.

Form XXVII

(See sub rule (1) of rule 42)

Notice of Lock-out to be given by an Employer of an industrial establishment

Name of Employer/ Industrial

Establishment..............................................................................................................

Address..........................................................................................................................

Dated the...............day of................20...................

In accordance with the provisions contained in sub-section (5) of section 62 of the Code,

we hereby give notice to all concerned that it is 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: Statement of Reasons for lock-out

Copy forwarded to:

(1) The Secretary of the Registered Union, if any

(2) Conciliation officer

(3) Labour Commissioner

(4) Secretary, Department of Labour, Government of Karnataka.

Form XXVIII

(See rule 43)

Notice of intimation of Retrenchment to be given by an Employer

The Secretary, Government of Karnataka

Department of Labour

Sir,

Under Rule 43 of the Industrial Relations Karnataka Rules, 2021, I/we hereby inform you

that I/we intend to retrench ……. (number of workers) out of a total........of workers employed in the

establishment with effect from ………., for the reasons explained in the Annexure.

Such of the workers retrenched are entitled to be paid compensation under clause (b) of section

70 of the Code.

Annexure: Statement of Reasons.

Signature of the Employer/ Authorized person

Date:

Place:

Copy forwarded to:

1) Labour Commissioner

2) Conciliation Officer having jurisdiction

Form XXIX

(See rule 45)

Notice of intimation of closing down to be given by an Employer as per sub-section (1) of section 74 of the Code

Name of Industrial Establishment or Undertaking/ Employer.................................

Address..........................................................................................................................

Dated .............(DD/MM/YYYY).

To,

The Secretary, Government of Karnataka

Department of Labour

Sir/Madam,

Under sub-section (1) of section 74 of the Code, I/ we hereby inform you that I/we have decided

to close down............................................ (name of the industrial establishment or undertaking) with

effect from............(DD/MM/YYYY) for the reasons explained in the Annexure I.

The number of workers whose services would be terminated on account of the closure of the

industrial establishment or undertaking are................. (number of workers)

Such of the workers are entitled to be paid compensation under section 75 of the Code.

Annexure I: Statement of Reasons for closing down of an undertaking.

Signature of the Employer/ Authorized person

Copy to:

1. Labour Commissioner

2. Conciliation Officer having jurisdiction.

Form XXX

(See rule 46)

Application for permission of Lay-off in Industrial establishments under sub-section (2) of section 78 of the

Code

To,

The Secretary, Government of Karnataka,

Department of Labour,

Sir/Madam,

Under sub-section (2) of Section 78 of the Code, I/we hereby apply for permission to lay-

off......... number of workers (indicate number in figures and words) out of total

of.......................workers (indicate number in figures and words) employed in my/our establishment

with effect from (DD/MM/YYYY) for the reasons set out in the Annexure-I.

Permission is solicited for the lay-off, in the said establishment (details which are annexed in

Annexure-II).

All such workers permitted to be laid-off due to closure will be paid such compensation, to

which they are entitled under section 67, read with sub-section (10) of section 78 of the Code as per

the details given below.

Date:

Place:

Signature of the Employer/ Authorized person

Annexure I

Total no. of

workers to

be laid off

Unskilled

(total no. of

workers to be

laid off)

Semi-skilled

(total no. of

workers to be

laid off)

Skilled

(total no. of

workers to be

laid off)

Highly skilled

(total no. of workers to be

laid off)

2. Reasons for lay-off

Annexure II

Sl.

Particulars

Remarks, if any

Name of the industrial establishment/ undertaking with complete postal

address along with Pin Code, e-mail, telephone number(s).

Status of undertaking—

(i) Whether Central Public sector/State Public Sector/Foreign Majority

Company /Joint Sector Company, etc., (In case of foreign holding company

then indicate the extent of foreign holding)

Indicate

the

status

the

company

(ii) Whether a Private Limited company/ Partnership Firm or Proprietorship

Firm

(a) MCA number

(b) GSTN number

Names and identification number of the affected workers proposed to be laid-

off.

The

identification

number UAN of

EPFO or under

Social Security

Code.

Product/s of the undertaking

Details relating to installed capacity, licensed capacity and utilised capacity

(i) Annual production, item wise for pre-ceding two years

(ii) Production figures, month-wise, for the preceding twelve months,

Work in progress, if any, item-wise, value-wise

Any agreement regarding off-loading or sub-contracting of products or any

components thereof.

Position of the order book, item-wise and value-wise for a period of 6 months,

and one year next following.

10.

Number of working days in a week with the number of shifts per day and the

strength of workers per each shift.

11.

Balance sheets, Profit and Loss accounts and audit reports for the last two

years.

To be annexed

12.

Net worth of the company.

13.

Names of the inter-connected companies or companies under the same

management.

14.

Administrative, general and selling cost in absolute terms per year in the last

2 years and percentage thereof to the total cost.

15.

Details of lay-off resorted to in the last two years (other than the lay-off for

which permission is sought), including the periods of such lay-offs, the

number of workmen involved in each such lay-off.

16.

Anticipated savings due to the proposed lay-off

17.

Any proposal for effecting savings on account of reduction in:-

(a) Managerial remuneration

(b) Sales promotion cost; and

18.

Any specific attempts made so far to avoid the proposed lay-off

19.

Any other relevant details which have bearing on lay-off.

Form XXXI

(See rule 49)

Application for permission of Retrenchment in Industrial establishments or Undertaking under sub-

section (2) of section 79

To,

The Secretary, Government of Karnataka,

Department of Labour.

Sir/ Madam,

Under sub-section (2) of section 79 of the Code, I/we hereby apply for permission for

proposed retrenchment of.................number of workers (indicate number in figures and words) with

effect from (DD/MM/YYYY) for the reasons set out in the Annexure-I.

The workers concerned have been given notice in writing as required under clause (a) of sub-

section (1) of section 79.

The number of workers whose services will be terminated on account of the retrenchment

is...................... (Number of workers)

Permission is solicited for the retrenchment of the workers of the said establishment.

All such workers permitted to be retrenched will be paid such compensation, to which they

are entitled under sub-section (9) of section 79.

Date:

Place:

Signature of the Employer/ Authorized

person

Annexure I

Total no. of

workers/ no.

of to be

retrenched

Unskilled

(total no. of

workers/ to

retrenched)

Semi-skilled

(total no. of

workers/ to

retrenched)

Skilled

(total no. of

workers/ to

retrenched)

Highly skilled

(total no. of workers/ to

be retrenched)

2. Reasons for retrenchment

Annexure II

Sl.

Particulars

Remarks, if

any

Name of the industrial establishment/ undertaking with complete postal

address along with Pin Code, e-mail, telephone number(s).

Status of undertaking—

(i) Whether Central Public sector/State Public Sector/Foreign Majority

Company /Joint Sector Company, etc., (In case of foreign holding

company then indicate the extent of foreign holding)

Indicate

the

status of the

company

(ii) Whether a Private Limited company/ Partnership Firm or

Proprietorship Firm

(a) MCA number

(b) GSTN number

Names and identification number of the affected workers proposed to

be retrenched.

The

identification

number UAN

of EPFO or

under

Social

Security Code.

Product/s of the undertaking

Details relating to installed capacity, licensed capacity and utilised

capacity

(i) Annual production, item wise for pre-ceding two years

(ii) Production figures, month-wise, for the preceding twelve months,

Work in progress, if any, item-wise, value-wise

Any agreement regarding off-loading or sub-contracting of products or

any components thereof.

Position of the order book, item-wise and value-wise for a period of 6

months, and one year next following.

10.

Number of working days in a week with the number of shifts per day

and the strength of workers per each shift

11.

Balance sheets, Profit and Loss accounts and audit reports for the last

two years.

To be annexed

12.

Net worth of the company.

13.

Names of the inter-connected companies or companies under the same

management.

14.

Administrative, general and selling cost in absolute terms per year in

the last 2 years and percentage thereof to the total cost.

15.

Details of lay-off resorted to in the last two years (other than the

retrenched for which permission is sought), including the periods of

such retrenched , the number of workmen involved in each such

retrenched .

16.

Anticipated savings due to the proposed retrenched

17.

Any proposal for effecting savings on account of reduction in:-

(a) Managerial remuneration

(b) Sales promotion cost; and

18.

Any specific attempts made so far to avoid the proposed retrenched.

19.

Any other relevant details which have bearing on retrenched.

Form XXXII

(See sub-rule 1 of rule 51)

Application for permission of Closure of an Industrial establishment or Undertaking under sub-section

(1) of section 80 of the Code.

To,

The Secretary, Government of Karnataka,

Department of Labour.

Sir,

Under sub-section (2) of section 80 of the Code, I / we hereby inform you that I/we propose

to close down the undertaking of an industrial establishment specified below of (name of the industrial

establishment) with effect from (DD/MM/YYYY) for the reasons set out in the Annexure-I.

The workers representatives concerned have been served with a copy of application as

required under sub-section (1) of section 80.

The number of workers whose services will be terminated on account of the closure of the

undertaking is...................... (Number of workers).

Permission is solicited for the closure of the said establishment.

All Such workers permitted to be terminated due to closure will be paid such compensation,

to which they are entitled under sub-section (8) of section 80.

Date:

Place:

Signature of the Employer/ Authorized person

Annexure I

Total no. of

workers/ no.

of to be

retrenched

Unskilled

(total no. of

workers/ to

retrenched)

Semi-skilled

(total no. of

workers/ to

retrenched)

Skilled

(total no. of

workers/ to

retrenched)

Highly skilled

(total no. of workers/ to

be retrenched)

2. Reasons for closure

Annexure II

Sl.

Particulars

Remarks, if

any

Name of the industrial establishment/ undertaking with complete postal

address along with Pin Code, e-mail, telephone number(s).

Status of undertaking—

(i) Whether Central Public sector/State Public Sector/Foreign Majority

Company /Joint Sector Company, etc., (In case of foreign holding

company then indicate the extent of foreign holding)

Indicate

the

status of the

company

(ii) Whether a Private Limited company/ Partnership Firm or

Proprietorship Firm

(a) MCA number

(b) GSTN number

Names and identification number of the affected workers proposed to

be closed down.

The

identification

number UAN

of EPFO or

under

Social

Security Code.

Product/s of the undertaking

Details relating to installed capacity, licensed capacity and utilised

capacity

(i) Annual production, item wise for pre-ceding two years

(ii) Production figures, month-wise, for the preceding twelve months,

Work in progress, if any, item-wise, value-wise

Any agreement regarding off-loading or sub-contracting of products or

any components thereof.

Position of the order book, item-wise and value-wise for a period of 6

months, and one year next following.

10.

Number of working days in a week with the number of shifts per day

and the strength of workers per each shift

11.

Balance sheets, Profit and Loss accounts and audit reports for the last

two years.

To be annexed

12.

Net worth of the company.

13.

Names of the inter-connected companies or companies under the same

management.

14.

Administrative, general and selling cost in absolute terms per year in

the last 2 years and percentage thereof to the total cost.

15.

Any proposal for effecting savings on account of reduction in:-

(a) Managerial remuneration

(b) Sales promotion cost; and

16.

Any specific attempts made so far to avoid the proposed closure.

17.

Any other relevant details which have bearing on closure.

Form XXXIII

(See sub-rule (1) of rule 55)

Notice to the Employer who committed an offence for the first time under this code, for

compounding of offence under sub-section (4) of section 89 of the Code.

The undersigned and the Compounding Officer under sub-section (1) of section 89 of the Code, read with rule

55, hereby intimates that the allegation has been made against you for committing offence/s for the violation

of various provision of this Code as per the details given below;-

PART – I

1. Name and Address of the offender Employer- ………………………………..

2. Address of the Establishment …………….………………………………………….

3. Particulars of the offence……………………………………………………….

4. Section of the Code under which the offence/s is committed………………………………

…………………………………………………………………………………………………………………

…………………………………………………………………………………

Compounding

amount

required

paid

towards

composition

the

offence/s

Rupees………………………………………………………………….

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 Code, along with an application dully 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 86 of the Code will be proceeded with.

Date:

Place:

Signature of the Compounding Officer

PART – III

1. Name of applicant (name of the employer who committed the offence/s under the Code to be

mentioned……………………………………………………..

2. Address of the applicant …………….………………………………………….

3. Particulars of the offence/s

…………….…………………………………………..…………………………………………………………

……………………………………………………………………………..

Section

the

Code

under

which

the

offence

has

been

committed

…………………………………………………………………………………………………………………

…………………………………………………………………

Details of

the compounding

amount

deposited

(electronically

generated

receipt

attached)………………………………………………………………….

6. Details of the prosecution, if filed for the violation of above mentioned offences may be given

…………………………………………..

7. 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

…………………………………………………………………………………………………

Dated:

Place:

Applicant

(Name and signature)

Form XXXIII -A

(See sub-rule (1) of rule 55)

Notice to the Employer who committed an offence for subsequent compoundable offence

under sub-section (4) of section 89 of the Code.

The undersigned and the Compounding Officer under sub-section (1) of section 89 of the Code, hereby

intimates that the allegation has been made against you for committing offence for the violation of various

provision of this Code as per the details given below;-

PART - I

1. Name and Address of the offender Employer- ………………………………..

2. Address of the Establishment …………….………………………………………….

3. Particulars of the offence/s ………………………………………………………………

…………………………………………………………………………

4. Section of the Code under which the offence is committed

……………………………………………………………..

Compounding

amount

required

paid

towards

composition

the

offence………………………………………………………………….

6. Date and Particulars of the previous offence/s

…………………………………………………………………………………………………………………

………………………………………………………………………………....

7. Section of the Code under which the previous offence was committed……………………

…………………………………………………………………………………………………………………

………………………………………………………………………………....

8. Whether the previous offence was compounded or not? ………………….

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 Code, along with an application dully

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 86 of the Code shall be proceeded with.

Dated:

Place:

Signature of the Compounding officer

PART – III

1. Name of applicant (name of the employer who committed the offence under the Code to be

mentioned……………………………………………………..

2. Address of the applicant …………….………………………………………….

3. Particulars of the offence/s …………….………………………………………….

…………………………………………………………………………………………………………………

…………………………………………………………………………………

4. Section of the Code under which the offence has been committed

…………………………………………………………………………………………………………………

Details of

the compounding

amount

deposited

(electronically

generated

receipt

attached)………………………………………………………………….

6. Details of the prosecution, if filed for the violation of above mentioned offences may be given

…………………………………………..

7. 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

…………………………………………………………………………………………………

Date:

Place:

Applicant

(Name and signature)

Form XXXIV

(See sub-rule (1) of rule 57)

Complaint under Section 91 of the Code

Before the Conciliation officer/ Arbitrator/ Tribunal or, National Tribunal ...................

In the matter of :................................... Reference No…………………………………….

A ...................... Complainant(s);

B...................... Opposite Party (ies).

Address:

The petitioner(s) prays to complain that the Opposite Party (ies) has/have been guilty of a

contravention of the provisions of section 90 of the Code, as shown below:

(Here set out briefly the particulars showing the manner in which the alleged contravention has taken

place and the grounds on which the order or act of the management is challenged.)

The complainant(s) accordingly prays/pray that the Conciliation officer/ Arbitrator/ Industrial

Tribunal or National Tribunal may be pleased to decide the complaint set out above and pass such

order or orders thereon as it may deem fit and proper.

The number of copies of the complaint and its annexure required under rule 91 of the Code are

submitted herewith.

Dated this............day of............20..... Signature of the Complainant(s)

Verification

I do solemnly declare that what is stated in paragraph.......... above is true to my knowledge and that

what is stated in paragraphs........ above is stated upon information received and believed by me to be

true. This verification is signed by me at.................... on ............day of....................20.....................

Signature of the person verifying.

Form XXXV

(See rule 58)

Manner of authorisation of worker for representation under Section 94 of the Code

To,

The Authority (name ------)

Address -------------------------

------------------------------

I(name of the applicant)------------------------------ hereby authorise Shri ----------------------------------

-- , holding the post of executive/ Office bearer (name of the post) -----------------in The Trade Union

(name of the trade union)----------------------------------bearing registration number-------------- to

represent me (name of the applicant) --------------------------- employed in (name of the establishment

and address)------------------------------------------ in the matter as mentioned below:-

Details of the Dispute/Matter:-

Dated:

Place:

Signature and name and address of the

applicant

Form XXXVI

(See rule 59)

Manner of authorisation of employer for representation under Section 94 of the Code

To,

The Authority (name ------)

Address -------------------------

------------------------------

I (name of the applicant)-------------------------------------------------- hereby authorise Shri --------------

---------------------- , holding the post of (name of the post) -----------------in The Establishment /

Association of Employers (name of the establishment or Association of Employers and address)----

-------------------------------------- in the matter as mentioned below:-

Details of the Dispute/Matter :-

Dated:

Place:

Signature and name and address of the

applicant

***

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R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19

Licensed to post without prepayment WPP No. 297

THAMMAIAH

Digitally signed by THAMMAIAH

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Date: 2026.01.23 18:38:19 +05'30'