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असाधारण

EXTRAORDINARY

Ĥाͬधकार से Ĥकाͧशत

PUBLISHED BY AUTHORITY

Part II - Section 3

केÛġ-शाͧसत Ĥदेश लɮदाख Ĥशासन

ADMINISTRATION OF UNION TERRITORY OF LADAKH

LABOUR DEPARTMENT

NOTIFICATION

Ladakh, the 25th of April,2022

S.O. 64-. The following draft rules, which the Administration of Union Territory of Ladakh

proposes to make in exercise of the powers conferred by section 99 of the Industrial Relations

Code, 2020 (35 of 2020) read with section 24 of the General Clauses Act, 1897 (10 of 1897) and in

supersession of the:—

(i) The Jammu and Kashmir Trade Union Regulations, 1972 ;

(ii) The Industrial Employment (Standing Orders) Jammu and Kashmir Rules, 1972 ;

लɮदाख, 07 जून, 2022

LADAKH, TUESDAY, JUNE, 07, 2022

भारतसरकार

GOVERNMENT OF INDIA

एस.जी.-एल.डी.-अ.-09062022-1123

SG-LD-E-09062022-1123

(iii) The Industrial Disputes (Jammu and Kashmir State) Rules, 1972.

Except as respects things done or omitted to be done before such supersession, are hereby notified,

as required by sub-section (1) of said section 99, for information of all persons likely to be affected

thereby and notice is hereby given that the said draft notification will be taken into consideration

after the expiry of a period of thirty days from the date on which the copies of the Official Gazette

in which this notification is published are made available to the public;

Objections and suggestions, if any, may be addressed to Secretary, Labour and Employment

([email protected]) and Deputy Secretary, Labour and Employment Department, Civil

Secretariat, UT of Ladakh.

Objections and suggestions, which may be received from any person with respect to the said draft

notification before expiry of the period specified above, will be considered by the Administration of

Union Territory of Ladakh.

CHAPTER- I PRELIMINARY

1. Short title, application and commencement.― (l)These rules may be

called the Industrial Relations (Ladakh) Rules, 2022.

(2) These Rules shall extend to whole of the Union territory of Ladakh.

(3) These Rules shall come into force on and with effect from the date of

their publication in the Official Gazette.

2. Definitions.― (1) In these Rules, unless the context otherwise requires,

(a) “Administration” means the Administration of Union territory of Ladakh.

(b) "Code" means the Industrial Relations Code, 2020;

(c) "Form" means forms appended to these Rules;

(d) "section" means the section of the Code; and

(2) The words and expressions used in these Rules which are not defined therein,

but are defined in the Code, shall have their respective meaning as assigned to

them in the Code.

3. Written Agreement for the settlement before the Conciliation Officer

under clause (zi) of section 2.― The written Agreement under clause (zi) of

section 2 between the employer and worker shall be in the form specified in

Form-I and shall be signed by the parties to the agreement and a copy thereof

shall be sent to the concerned Conciliation Officer.

CHAPTER II

BI-PARTITE FORUMS

4. Constitution of Works Committee under section 3.― (1) Every employer

to whom an order made under sub-section (1) of section 3 relates, shall

forthwith proceed to constitute a Works Committee in the manner as is

specified in the following sub-rules:

(2) Number of members.-The number of members constituting the

Committee shall be fixed so as to afford representation to the various

categories, groups and class of workers engaged in, and to the sections, shops or

departments of the establishment:

Provided that the total number of members of the Works Committee

shall not exceed twenty:

Provided further that the number of representatives of the worker in the

Works Committee shall not be less than the number of representatives of the

employer therein.

(3) Representatives of employer-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) Consultation with Trade Union(s)-(a) Where any workers of the industrial

establishment are members of a registered Trade Union, the employer shall ask

such Trade Union to inform him in writing as to how many of the workers

are members of such Trade Union.

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

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

informing

such

Trade

Union,

refer

the

matter

to

the

Labour

Commissioner/Deputy Labour Commissioner Union territory of Ladakh who

shall, after hearing the parties, shall decide the matter and his decision thereon

shall be final.

(5) Group of workers’ representatives and officers of the Committee -On receipt

of the information called for under sub-rule (4), the employer shall provide

for the selection of worker's representative on the Committee in two following

groups, namely:

-

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

Works Committee in the proportion of their memberships; and

(b) where there is no registered Trade Union, workers may choose amongst

themselves representatives for Works Committee.

(i) The Works Committee shall have among its office-bearers a Chairman, a

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

Joint Secretary shall be elected every year;

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

employers’ representatives on the Works Committee and he shall, as far as

possible, be the head of the industrial establishment;

(iii) The Vice-Chairman shall be elected by the members, on the Works

Committee representing the workers, from amongst themselves:

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

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

(c) The Works Committee shall elect the Secretary and the Joint Secretary

provided that where the Secretary is elected from amongst the representatives

of the employers, the Joint Secretary shall be elected from amongst the

representatives of the worker and vice versa:

Provided that the post of the Secretary or the Joint Secretary, as the

case may be, shall not be held by a representative of the employer or the worker

for two consecutive years:

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

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

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

entitled to vote in such elections.

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

shall be decided by a draw of lot.

(6) Term of office.-(a) The term of office of the representatives on the Works

Committee other than a member chosen to fill a casual vacancy shall be two

years;

(b) A member chosen to fill a casual vacancy shal1 hold office for the unexpired

term of his predecessor; and

(c) A member who without obtaining leave from the Works Committee, fails to

attend three consecutive meetings of the Committee shall cease his

membership, provided that such member shall be given an opportunity of being

heard.

(7) Vacancies-In the event of worker's representative ceasing to be a member

under clause (c) of sub-rule (6) or ceasing to be employed in the establishment

or in the event of his resignation, death or otherwise, his successor shall be

chosen in accordance with the provisions of this rule from the same group to

which the member vacating the seat belonged.

(8) Power to co-opt. The Works Committee shall have the right to co-opt in a

consultative capacity, persons employed in the industrial establishment

having particular or special knowledge of a matter under discussion. Provided

that co-opt member should be appointed after discussion with the

representatives of employer and employee unanimously. Such co-opt member

shall not be entitled to vote and shall be present at meetings only for the period

during which the particular question is before the Works Committee.

(9) Meetings.-

(a) The Works Committee may meet as often as necessary.

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

procedure. (l0) Facilities for meeting.-

(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 work of the Works Committee on the

notice board of the industrial establishment.

(11) Dissolution of works committee:- The Administration, or where the power

under section 3 has been delegated to any officer or authority under Section 100,

such officer or authority may, after making such inquiry as it or he may deem fit,

dissolve any Works Committee at any time, by an order in writing, if he or it is

satisfied that the Committee has not been constituted in accordance with these

Rules or that not less than two- thirds of the number of representatives of the

workmen have, without any reasonable justification, failed to attend three

consecutive meetings of the Committee or that the Committee has, for any other

reason, ceased to function:

Provided that where a Works Committee is dissolved under this Rule the

employer may, and if so, required by the Administration or, as the case may be, by

such officer or authority, shall take steps to re-constitute the Committee in

accordance with these rules.

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

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

(1) 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 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 member may be chosen by the workers of the

establishment:

Provided that there shall be adequate representation of women workers in

the Grievance Redressal Committee and such representation shall not be less than

the proportion of women workers to the total workers employed in the industrial

establishment.

(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/Deputy Labour Commissioner Union territory of Ladakh who

shall, after hearing the parties, shall decide the matter and his decision thereon

shall be final.

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 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. 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 for the conciliation of grievance as against

the decision of the Grievance Redressal Committee to the Conciliation

Officer under sub-section (8) of section 4.― Any worker who is aggrieved by

the decision of the Grievance Redressal Committee or whose grievance is not

resolved by the said Committee within thirty days of receipt of the application,

may file an application to the Conciliation Officer within the period of sixty

days from the date of the decision of the Grievance Redressal Committee or

from the date on which the period specified in sub section (6) of section 4

expires, as the case may be, to the Conciliation Officer through the Trade

Union, of which he is a member or otherwise.

CHAPTER-III

TRADE UNION

8. Payment of subscription under clause (f) of section 7.—

(i) The payment of a subscription shall be from ordinary as well as honorary

members of the Trade Union;

(ii) The ordinary as well as honorary members of the Trade Union along with

any of the permanent citizen of India living in any part of the country can

donate towards the general fund of the union electronically or through

crossed cheque or draft payable to the Union;

(iii) The admission subscriptions for the members of the Trade Union shall be

Rs. 100/- and monthly subscription shall not be less than Rs. 30/- per member

but not more than Rs. 50/- per member or as may be prescribed by

Administration by notification

9. Safe Custody of the funds of the Trade Union and Annual audit under

clause (j) of section 7.—

(1) The funds of the registered Trade Union shall be deposited in any scheduled

bank in the name of the Union:

Provided that 2% of the total funds available with the Union shall be kept at the

disposal of the two executive members i.e. President, Secretary and Cashier for

meeting any exigency pertaining to the routine affairs of the said union.

(2) Auditors.—The annual audit of the accounts of any registered Trade Union

shall be conducted by an Auditor authorised to audit the accounts of

companies under section

144 (1) of the Indian Companies Act, 1913 or under section 8(2) of the Indian

Companies (Amendment) Act.

Exception .—Notwithstanding anything contained in these Rules, no person, who,

at any time during the year, was entrusted with any part of the funds or securities

belonging to the Trade Union shall be eligible to audit the accounts of the Union.

(3) Audit of funds.—The Auditor or Auditors appointed in accordance with

these Rules shall be given access to all the books of the Trade Union and shall

verify the annual return with the accounts and vouchers relating thereto and

shall thereafter sign the auditor's declaration appended in (Form-II), indicating

separately on that Form under his signature or their signatures a statement

showing in what respect he or they find the return to be incorrect, unvouched

or not in accordance with the Act/Code. The particulars given in this statement

shall indicate :—

(i) every payment which appears to be unauthorised by the Rules of Trade

Union or contrary to the provisions of the Act/Code;

(ii) the amount of any deficiency or loss which appears to have been incurred by

the negligence or misconduct of any person;

(iii) the amount of any sum which ought to have been but is not brought to

account by any person.

(4) Audit of separate fund to be constituted under sub-section (2) of section 15.

The audit of the separate fund of a registered Trade Union shall be carried

out with the audit of the general account of the Trade Union by the same

Auditor or Auditors.

10. Declaration to be made by an affidavit under clause (a) of sub-section

(1) of section 8.— Every application under section 8 for registration of a

Trade Union shall be accompanied by a declaration to be made by an affidavit

in (Form-III) along with fee payable on registration of a Trade Union shall be

rupees 100/- (One hundred rupees) or as may be prescribed by Administration

by notification.

11. Assets and Liabilities of the Trade Union under sub-section (2) of

section 8.— Where a Trade Union has been in existence for more than one year

before the making of an application for its registration, there shall be delivered

to the Registrar, together with the application, a general statement of assets and

liabilities of the Trade Union prepared in (Form-II) annexed to these rules.

12. Register of Trade Union under sub-section (1) and sub-section (3) of

section 9.— The Register of Trade Unions as referred to above shall be

maintained in (Form IV).

13. Certificate of Registration.― (1) The Certificate of Registration issued by

the Registrar under sub-section (2) of section 9 shall be in (Form-V).

14. Cancellation/Withdrawal of Registration under sub-section (5) of section

9.—

(1) The Registrar on receiving an application for the cancellation/withdrawal of

registration shall, before granting the approval, satisfy himself that the

withdrawals or cancellation of registrations was approved by the general

meeting of the Trade Union, or if it was not so approved, that it has the

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

he may call for such further particulars, as he may deem necessary and may

examine any officer of the Union.

(2) The Registrar can also cancel the registration of Trade Union on receiving

the information under sub section 5(ii) of section 9 regarding contravention by

the Trade Union of the provisions of this Code.

15. Appeal under sub-section (1) of section 10. — Any appeal made under

sub- section (1) of section 10 of the code must be filed within sixty days of the

date on which the Registrar passed the order against which the appeal is made.

16. Communications and Notices to a Registered Trade Union under

subsection

(1) of section 11.— All the communications and notices to a registered Trade

Union shall be sent electronically or through registered post or speed post, or

manually under proper receipt.

17. Change in the particulars as per sub-section (3) of section 11.— The

Trade Union shall inform the Registrar of any change in the particulars given in

the application for registration and in its constitution or rules electronically or

through registered post or speed post, or manually under proper receipt.

18. (1). Matters to be negotiated by a negotiating Union or negotiating

Counsel in an industrial establishment under sub-section (1) of section

14.— (1) There shall be a negotiating Union or negotiating Counsel as the case

may be in an industrial

establishment having registered Trade Union for negotiating with the employer of the

industrial establishment on the following matters :—

1. Classification

of

workers,

whether

permanent,

temporary,

apprentices,

probationers, badlis or fixed term employment;

2. Manner of intimating to workers periods and hours of work, holidays, pay-days

and wage rates;

3. Shift working;

4. Attendance and late coming;

5. Conditions of, procedure in applying for, and the authority which may grant

leave and holidays;

6. Requirement to enter premises by certain gates, and liability to search;

7. Closing and reporting of Sections of the industrial establishment, temporary

stoppages of work and the rights and liabilities of the employer and workers arising

there-from;

8. Termination of employment, and the notice thereof to be given by employer and

workers;

9. Suspension or dismissal for misconduct, and acts or omissions which constitute

misconduct;

10. Means of redress for workers against unfair treatment or wrongful exactions by

the employer or his agents or servants;

11. Any other matter which may be specified by the appropriate Government by

notification.

(1) Criteria to recognize Trade Union as sole negotiating Union of the workers under

sub-section (2) of section 14.— Where only one Trade Union of workers registered

under the provisions of this Code is functioning in an industrial establishment, then,

the employer of such industrial establishment shall recognize such Trade Union as

sole negotiating Union of the workers subject to the criteria that Trade Union should

have fifty-one per cent or more workers of the total employees of the industrial

establishment as its member as verified by a committee consisting of equal number of

members from the management of establishment and the members of the registered

Trade Unions functioning in that establishment, supporting that Trade Union shall be

recognized by the employer of the industrial establishment, as the sole negotiating

Union of the workers.

(2) Verification of a Trade Union by the employer of the industrial establishment

under sub-section (3) and sub-section (4) of section 14.— (a). If more than one Trade

Union of workers registered under this Code are functioning in an industrial

establishment, then, the Trade Union having fifty-one per cent or more workers on

the muster roll of that industrial establishment, after duly verified by a committee

consisting of equal number of members from the management of establishment and

the members of the registered Trade Unions functioning in that establishment,

supporting that Trade Union shall be recognized by the employer of the industrial

establishment, as the sole negotiating union of the workers;

(b). If after verification as mentioned in clause (a), it is established that no such Trade

Union has fifty-one per cent or more of workers on the muster roll of that industrial

establishment, then, there shall be constituted by the employer of the industrial

establishment, a negotiating Council for negotiation on the matters referred to in

sub- rule (1) consisting of the representatives of such registered Trade Unions which

have the support of not less than twenty per cent of the total workers on the muster roll

of that industrial establishment so verified and such representation shall be of one

representative for each twenty per cent and for the remainder after calculating the

membership on each twenty per cent.

Provided that an employee can be a member to only one Trade Union at a

particular time.

(3) Facilities to be provided by the Industrial Establishment under sub section 7 of

section 14.— The industrial establishment shall provide following facilities to a

negotiating union or negotiating council :—

(i) Office accommodation either inside or outside the company premises;

(ii) May declare the executive members of the negotiating Trade Union and members

of the negotiating Council as protected workers.

19. Utilization of the general funds of a Trade Union under sub-section (1) of

section 15.— The general funds of a registered Trade Union shall not be spent on

any objects other than specified below—

(a) the payment of salaries, allowances 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;

(c) the prosecution or defence of any legal proceeding to which the Trade Union or

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

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

rights arising out of the relations of any member with his employer or with a

person whom the member employs;

(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 provision of educational, social or religious benefits for members (including

the payment of the expenses of 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; and

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

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

workmen in general, provided that the expenditure in respect of such contributions 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.

20. Constitution of a separate fund under sub-section (2) of section 15.— (1) A

registered Trade Union may constitute a separate fund, from contributions separately

levied for or made to that fund, from which payments may be made, for the

promotion of the civic and political interests of its members, in furtherance of any of

the objects specified in sub-rule (2).

(2) The objects referred to in sub-rule (1) are :—

(a) the payment of any expenses incurred, either directly or indirectly, by a candidate

or prospective candidate for election as a member of any legislative body constituted

under the Constitution or of any local authority, before, during, or after the election

in connection with his candidature or election ; or

(b) the holding of any meeting or the distribution of any literature or documents in

support of any such candidate or prospective candidate; or

(c) the maintenance of any person who is a member of any legislative body

constituted under the Constitution or of any local authority; or

(d) the registration of electors or the selection of a candidate for any legislative body

constituted under the Constitution or for any local authority; or

(e) the holding of political meetings of any kind, or the distribution of political

literature or political documents of any kind.

(3) No member shall be compelled to contribute to the fund constituted under subrule

(1) and a member who does not contribute to the said fund shall not be excluded from

any benefits of the Trade Union, or placed in any respect either directly or indirectly

under any disability or at any disadvantage as compared with other members of the

Trade Union (except in relation to the control or management of the said fund) by

reason of his not contributing to the said fund and contribution to the said fund shall

not be made a condition for admission to the Trade Union.

21. Subscriptions payable by the members of the Trade Union under sub-section

(4) of section 15.— The admission subscriptions for the members of the Trade Union

shall be Rs. 100/- and monthly subscription shall not be less than Rs. 30/- per

member but not more than Rs. 50/- per member.

22. Application for adjudication before Industrial Tribunal under sub-section

(1) of section 22.— A registered Trade Union shall apply in writing for adjudication

before Industrial Tribunal with regard to any trade dispute for its determination under

the provisions of this code in person or through authorized representatives of the

Trade Union within a period of sixty days from occurrence of such dispute.

23. Manner of Amalgamation of Trade Unions under subsection (2) of section

24.— (1) Any two or more registered Trade Unions may become amalgamated

together as one Trade Union with or without dissolution or division of the funds of

such Trade Unions or either or any of them, provided that the votes of at least one

half of the members of each or every such Trade Union entitled to vote are recorded,

and that at least sixty per cent of the votes recorded are in favour of the proposal.

2. Notice of change of name or amalgamation.–(1) Notice in writing of every change of

name and of every amalgamation, signed, in the case of a change of name, by the

Secretary and by seven members of the Trade Union changing its name, and, in the

case of an amalgamation, by the Secretary and by seven members of each and every

Trade Union which is a party thereto, shall be sent to the Registrar electronically or

otherwise, and where the head office of the amalgamated Trade Union is situated in a

different State, to the Registrar of such State.

(2) The Registrar of the State in which the head office of the amalgamated Trade

Union is situated shall, if he is satisfied that the provisions of this Act in respect of

amalgamation have been complied with and that the Trade Union formed thereby is

entitled to registration under section 6, register the Trade Union in the manner

provided in section 6, and the amalgamation shall have effect from the date of such

registration.

(3) Effects of change of name and of amalgamation.— (1) The change in the name of

a registered Trade Union shall not affect any rights or obligations of the Trade Union

or render defective any legal proceeding by or against the Trade Union, and any legal

proceeding which might have been continued or commenced by or against it by its

former name may be continued or commenced by or against it by its new name.

(2) An amalgamation of two or more registered Trade Unions shall not prejudice any

right of any of such Trade Unions or any right of a creditor of any of them.

24. Funds of a dissolved Trade Union under sub-section (2) of section 25.—

Where it is necessary for the Registrar under section 25 to distribute the funds of a

Trade Union which has been dissolved, he shall divide the funds in proportion to the

amounts contributed by the members by way of subscription during their

membership.

25. Annual returns under clause (a) sub-section (1) of section 26.— The annual

return to be furnished under section 26 shall be submitted to the Registrar by the 15th

day of February in each year and shall be in (Form-II).

CHAPTER IV

STANDING ORDERS

26. Manner of forwarding information to certifying officer under Sub section

(3) of section 30.― (1) If the employer adopts the model standing order of the

Central Government referred to in section 29 with respect to matters relevant to his

industrial establishment or undertaking, then, he shall intimate the concerned

certifying officer electronically, the specific date from which the provisions of the

model standing order which are relevant to his establishment have been adopted.

(2) On receipt of information in sub-rule (1) the certifying officer within period of 30

days from 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

shall also direct the employer to amend the standing order so adopted, by way of

addition, deletion or modification with in a period of 30 days from the date of the

receipt of such direction and ask for compliance report only and 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 with in period of 30 days of the

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

shall be deemed to have adopted by the employer.

27. Manner of choosing representatives of workers of the

industrial

establishment or undertaking for issuing notice by certifying officer whereas

there is no Trade Union operating, under clause (ii) of sub-section (5) of

section 30.― Where there is no such Trade Union and negotiating Union or

negotiating Council, as is referred to in clause (i) of said sub-section (5), then, the

certifying officer shall call a meeting of the workers to choose three representatives,

to whom he shall, upon their being chosen, forward a copy of the standing order

requiring objections, if any, which the workers may desire to make to the draft

standing order to be sub mitted within fifteen days from the receipt of the notice.

28. Manner of authentication of certified standing orders under sub-section (8) of

section 30.― The standing orders or modification in the standing orders, certified in

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

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

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

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.

29. 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 contain the particulars of

such standing orders which are proposed to be modified along with tabular statement

containing details of each of the relevant provision of standing order in force and

proposed modification therein and reasons thereof and such statement shall be signed

by a person authorized by the industrial establishment or undertaking.

30. Conditions for submission of draft standing order in similar establishment

under sub-section (10) of section 30.― In cases of group of employer engaged in

similar industrial establishment may submit a joint draft 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 Union, negotiating Union or

negotiating Council, if any.

31. Manner of disposal of appeal by appellate authority under section 32.― (I)

An employer or Trade Union or negotiating Union desirous of preferring an appeal

against the order of the certifying officer given under sub-section (5) of

section 30 shall within sixty days of the receipt of such order 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 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 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

(c) where the appeal is filed by the representative of the workers, to the

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

appeal.

(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 dispose of the appeal.

32. The language and the manner of maintaining standing order under

sections 33 sub-section (1) and (2) of section 33.― (I) The standing order finally

certified by certifying officer shall be sent electronically except in the case of deemed

certification under section 30.

(2) The text of the standing order as finally certified or deemed to have been

certified or adopted model standing order under this Chapter shall be maintained by

the employer in Hindi or in English and in the official language of the Union territory of

Ladakh where the industrial establishment is situated.

33. Register for final certified copy of standing order under section 34-(i)The

certifying officer shall maintain electronically, a register of standing orders ce1tified

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

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

(i) the unique number assigned to each standing order;

(ii) name of industrial establishment;

(iii) nature of industrial establishment;

(iv) date of certification or deemed certification or date of adoption of model

standing order by each establishment or undertaking;

(v) the areas of the operation of the industrial establishment; and

vi) 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 apply in g there for

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

standing orders, as the case may be.

34. Application for modification of standing order under sub-section and (2) of

section 35.- The application 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 there in, and such statement shall be signed by a

person authorized by the industrial establishment or undertaking.

35. Establishments exempt from this chapter under section 39:- The provisions of this

chapter shall not apply to establishments wherein less than 500 workers are employed

or were employed on any day of the proceeding twelve months.

CHAPTER V

NOTICE OF CHANGE

36. The manner of giving of notice for change proposed to be effected under clause

(i) of section 40.- (1) Any employer intending to effect any change in the conditions

of service applicable to any worker in respect of any matter specified in the Third

Schedule to the Code, shall give no tice in Form-VI to such worker affected by such

change.

(2) The notice referred to in sub-rule (1) shall be displayed conspicuously by the

employer on the notice board at the main entrance of the industrial establishment and

the office of the concerned Manager of the industrial establishment:

Provided that where there is a registered Trade Union or registered Trade Unions

relating to the industrial establishment, a copy of such notice shall also be served on

the President or General Secretary of such Trade Union or each of the Presidents or

General Secretaries of such unions, as the case may be.

CHAPTER VI

VOLUNTARY REFERENCE OF DISPUTES TO

ARBITRATION

37. Form of arbitration agreement and the manner thereof under sub-sections (3) of

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

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

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

writing or electronically of Arbitrator or Arbitrators.

(2) The Arbitration Agreement referred to sub-rule (l) 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, an individual worker by the worker

himself or by an officer of registered trade union of which the worker is a member -

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

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

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

(a) the President;

(b) the Vice -President;

(c) the Secretary (including the General Secretary);

(d) a Joint Secretary; and

(e) any other officer of the Trade Union authorized in this behalf, by the President

and Secretary of the union.

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

industrial dispute has been referred to arbitration and Administration is satisfied

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

publish a notification in this behalf in the Official Gazette and electronically for the

information of the employers and workers who are not parties to the arbitration

agreement but are concerned in the dispute and they may present their case before the

arbitrator or arbitrators appointed for such purpose.

39. Manner of choosing representatives of workers where there is no trade union

under sub-section (5) of section 42.- Where there is no trade union, the representative

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

clause

(c) of the proviso to sub -section (5) of section 42, shall be chosen by a resolution

passed by the majority of concerned workers in Form-VIII authorizing therein to

represent the 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

40. Terms and conditions of service of the office of the Judicial Member of the

Tribunal constituted by the Administration and Sub-section (1) of section

44.—

(1) The Judicial member shall be appointed by the Administration and the person so

appointed shall not be qualified for such appointment unless—

(a) he is, or has been, a Judge of High Court; or

(b) he has for a period of not less than three years, been a district Judge or an

additional Judge;

(c) Every person appointed as Judicial Member shall, before entering upon his office,

make and subscribe an oath of office and secrecy in the (Form-IX) annexed to these

rules.

(2) The salaries and allowances, resignation, removal and other terms and conditions

of the Judicial Member so appointed shall be the same as are applicable to them in

their respective Cadres of service.

(3) The Administration shall fill vacancy under sub-section (9) of section 44 in

Industrial Tribunal arising out of retirement, transfer, dismissal or any other reason in

accordance with these rules.

41. Terms and conditions of service of the office of the Administrative Member of the

Tribunal constituted by the Administration and Sub-section (1) of section44 — (1)

The Administrative Member of the Tribunal shall be appointed by the Administration

from the persons who having held the post not below the rank of Joint Secretary or an

equivalent rank in the Administration of Union territory of Ladakh.

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

office, make and subscribe an oath of office and secrecy in the (Form-IX) annexed to

these rules.

(2) The salaries and allowances, resignation, removal and other terms and conditions

of the Administrative Member so appointed shall be the same as are applicable to

them in their respective Cadres of service.

(3) The Administration shall fill vacancy under sub-section (9) of section 44 in

Industrial Tribunal arising out of retirement, transfer, dismissal or any other reason in

accordance with these rules.

42. Manner of holding conciliation proceedings under sub-section (1), full report

under sub-section (4), and application and the manner of deciding such application

under sub-section (6) of section 53.-(1) Where the Conciliation Officer receives any

information about an existing or apprehended industrial dispute and he considers it

necessary to intervene in the dispute, he shall give formal intimation to the parties

concerned declaring his intention to commence conciliation proceedings with effect

from such date as may be specified therein.

(a) The party representing workmen involved in an industrial dispute shall forward a

statement of its demands along with a copy of the notice to the Conciliation Officer

concerned. The statement shall be accompanied by as many spare copies there of as

there are opposite parties.

(b) The party representing workmen, or in the case of an individual workmen, the

workman, himself involved in a dispute shall forward a statement of its demands to

the Conciliation Officer concerned before such date as may be specified by him for

commencing conciliation proceedings. The statement shall be accompanied by as

many spare copies thereof as there are opposite parties.

The conciliation Officer shall send to the opposite party concerned a copy of the

statement received, as the case may be, who shall file its rejoinder with the Conciliation

Officer within a period of one week of its receipt: Provided that the Conciliation Officer

may when he considers necessary extend the time limit for the filing of the rejoinder by

any party.

(c) The statement of demands submitted by the party representing the workmen, or in

the case of individual workman by the workman himself along with a copy of the

rejoinder shall be transmitted to the Administration by the Conciliation Officer

concerned with his report.

(d) Where an employer, or the party representing the workmen, or in the case of

individual workman, the workman himself applies to the Administration for

reference of an industrial dispute to a Labour Court or Tribunal, such application

shall be accompanied by a statement of the demands or matters in dispute with as

many spare copies thereof as there are opposite parties.

(e) The statement and every copy thereof required under the said sub-rules to

accompany the said statement shall be duly signed, on behalf of the party, by the

person making it.

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

rule (1), the conciliation officer shall submit a report electronically within seven days

from the date on which the conciliation proceedings are concluded.

(3) The report referred to in sub-rule (2) shall be communicated electronically or

otherwise to the parties concerned.

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

employer, worker or Trade Union, as the case may be, and it shall also contain the

efforts made by the conciliation officer to bring the parties to the amicable settlement,

reasons for refusal of the parties to resolve the dispute and the conclusion of the

Conciliation Officer.

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

of the concerned party may make an application in Form-X, before the Tribunal

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

(6) In case of an industrial dispute which has not been settled during the conciliation

proceedings, an application may be made before the Tribunal by either of the parties

concerned for adjudication. The 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 for service on each of the opposite parties in the dispute.

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

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

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

month from the date of receipt of the application. The opposite party or parties shall

file their written statement together with supporting documents and the list thereof

and list of witnesses, if any, within a period of thirty days from the date of first

hearing and simultaneously forward a copy thereof to the opposite party or parties for

service.

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

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

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

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

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

statement of claim and other documents within time.

(9) The evidence shall be recorded 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).

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

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

closure of evidence.

(11) The Tribunal shall not ordinarily grant an adjournment for a period exceeding a

week at a time, but not in any case more than three adjournments in all, at the

instance of the parties to the dispute, shall be granted: Provided that the Tribunal for

reasons to be recorded in writing, grant an adjournment exceeding a week at a time

but not in any case more than three adjournments, at the instance of any one of the

parties to the dispute, shall be granted.

(12) 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.

(13) The Tribunal shall communicate its award electronically to the parties concerned

and the Administration within one month from the date of the pronouncement of the

award.

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

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

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

1974).

(15) Where assessors 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, but such advice shall not be binding on such Tribunals.

(16) A party in an award, who wants to obtain a copy of the award or other document,

may obtain a copy of the award or other document after depositing the fee

electronically in the Tribunal in the following manner, namely:-

(a) fee for obtaining a copy of an award or the document filed in any proceedings of

Tribunal be charged at the rate of rupees Two per page.

(b) For certifying a copy of any such award or order or document, a fee of rupees Two

per page shall be payable.

(c) Copying and certifying fees shall be payable electronically.

(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.

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

of examination, cross-examination and of addressing the Tribunal or State Industrial

Tribunal when evidence has been called.

(18) 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.

CHAPTER VIII

STRIKES AND LOCK-OUTS

43. 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-XI which shall be duly signed by the President or General Secretary and five

elected representatives of the registered Trade Union relating to such industrial

establishment endorsing the copy thereof electronically to the Assistant Labour

Commissioner-cum- Conciliation Officer, Labour Commissioner/Deputy Labour

Commissioner Union territory of Ladakh and the Administration.

44. Manner of giving notice of lock-out under sub-section 5 and authority under sub

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

62 shall be given by the employer of an industrial establishment in Form XII to the

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

industrial establishment endorsing a copy thereof electronically to the Assistant

Labour Commissioner-cum-Conciliation Officer, Labour Commissioner/Deputy

Labour Commissioner Union territory of Ladakh and the Administration. The notice

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

board at the main entrance to the industrial establishment.

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

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

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

electronically or otherwise to the Assistant Labour Commissioner-cum-Conciliation

Officer, Labour Commissioner/Deputy Labour Commissioner Union territory of

Ladakh.

(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 Assistant Labour Commissioner-cum-Conciliation Officer,

Labour Commissioner/ Deputy Labour Commissioner Union territory of Ladakh.

CHAPTER IX

LAY-OFF, RETRENCHMENT AND CLOUSURE

45. Manner of serving notice before retrenchment of the worker under clause (c) of

section 70.- If any employer desires to retrench any worker and 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-XIII

to the Administration, Labour Commissioner/ Deputy Labour Commissioner Union

territory of Ladakh and Assistant Labour Commissioner-cum-Conciliation Officer,

Union territory of Ladakh through e- mail or, by registered or speed post.

46. Manner of giving an opportunity for re-employment to the retrenched workers

under Section 72.- Where any vacancy occurs in an and industrial establishment and

there are workers of such industrial establishment retrenched within one year prior

to the proposal for filling up such vacancy, then, the employer of such industrial

establishment shall offer an opportunity at least ten days before by registered post or

speed post and through e-mail to such retrenched workers who are citizens of India.

If such workers give their willingness for employment then, the employer shall give

them preference over other persons in filling up of such vacancy.

47. Manner of serving notice by the employer for intended closure under sub-

section

(1) of section 74.- If an employer intends to close down industrial establishment, he

shall give notice of such closure in Form XIII to the Administration, Labour

Commissioner/ Deputy Labour Commissioner Union territory of Ladakh and the

Assistant Labour Commissioner- cum- Conciliation Officer, Union territory of

Ladakh, by e-mail or registered post or speed post.

CHAPTER X

SPECIAL PROVISIONS RELATING TO LAY-OFF,

RETRENCHMENT AND CLOSURE IN CERTAIN

ESTABLISHMENTS

48. Manner of making application to Administration by the employer for the intended

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

section

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

(I) of section 78 shall be made by the employer in Form XIV stating clearly therein the

reasons for the intended lay off and a copy of such application shall be

served simultaneously to the worker concerned electronically and by registered post or

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

a notice board or on electronic board at the main entrance of the industrial

establishment.

49. Manner for applying for permission from Administration 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 Badliworkers 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 Administration electronically and by registered or speed post with a

copy to the Labour Commissioner/ Deputy Labour Commissioner Union territory of

Ladakh and the Assistant Labour Commissioner-cum-Conciliation Officer, Union

territory of Ladakh 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.

50. Time-limit for review under sub-section (7) of section 78.-The Administration

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

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

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

is made.

51. Manner of making application to Administration by the employer for the

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

under sub-section (2) of section 79.- An application for permission referred to in sub-

section (1) of section 79 shall be made by the employer in Form XIV stating clearly

therein the reasons for the intended retrenchment electronically and a copy of such

application shall also be sent to workers electronically and by registered post or speed

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

notice board or on electronic board at the main entrance to the industrial

establishment.

52. Time-limit for review under sub-section (6) of section 79.-The Administration

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

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

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

made.

53. Manner of making application to Administration by the employer for intended

closing down of an industrial establishment and the manner of serving copy of such

application to the representatives of workers under sub-section (1) of section 80.- An

employer who intends to close down an industrial establishment to which Chapter

X of the Code applies, shall apply electronically in Form XIV for prior

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

become effective to the Administration, stating clearly therein the reasons for the

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

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

by registered post or speed post.

54. Time-limit for review under sub-section (5) of section 80.- The Administration

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

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

(2) of section 80 within a period of thirty days from the date on which such order is

made.

CHAPTER XI

WORKER RE-SKILLING FUND

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

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

within ten days, at the time of retrenching a worker or workers shall electronically

transfer an amount equivalent to fifteen days of last drawn wages of such

retrenched worker or workers in the account (name of the account shall be

displayed on the website of the Labour Department, Union territory of Ladakh to

be maintained by the Administration of Union territory of Ladakh. The fund so

received shall be transferred by Administration of Union territory of Ladakh to each

worker or workers' account electronically with in forty-five days of receipt of funds

from the employer. The employer shall also submit the list containing the name of

each worker retrenched, the amount equivalent to fifteen days of wages last drawn in

respect of each worker along with their bank account details to enable the

Administration of Union territory of Ladakh to transfer the amount in their respective

account.

CHAPTER XII

OFFENCES AND PENALTIES

56. Officer for holding enquiry— For the purpose of Section 85 (1), the appropriate

Administration may, by notification, appoint any officer not below the rank of Joint

Secretary or an officer of equivalent rank in the Administration of Union territory of

Ladakh, as the officer appointed for holding enquiry within his jurisdiction.

57. Manner of composition of offence by a Gazetted Officer specified under sub-

section

(1) of section 89 and the manner of making application for the compounding of an

offence specified under sub-section (4) of section 89.- (1) The officer notified by

Administration for the purposes of compounding of offences under sub- section (1)

of section 89(hereinafter referred to as the compounding officer), shall in the offences

in which prosecution is not instituted, if the compounding officer is of the opinion

that any offence under the Code for which the compounding is permissible under

section 89, he shall send a notice electronically or otherwise to the accused in Form

XV consisting of three parts. In Part I of such Form, the compounding officer shall

inter-alia specify the name of the offender and his other particulars, the detail s of the

offence and in which section the offence has been committed, the compounding

amount required to be paid towards the composition of the offence. Part II of the

Form shall specify the consequences, if the offence is not compounded and Part III of

the Form shall contain the application to be filed by the accused, if he desires to

compound the offence. Each notice shall have a continuous unique number

containing alphabets or numeric and other details such as officer sending notice, year,

place, type of inspection for the purpose of easy identification.

(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

or otherwise and deposit the compounding amount electronically or otherwise, 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 allowed

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 sha1l treat the case as

closed as if no prosecution had been launched and will proceed in accordance with

composition under clause (a) and intimate the composition of offence to the

competent Court in which the prosecution is pending and after receiving such

intimation, the Court shall discharge the accused and close the prosecution.

(5) The compounding officer shall exercise the powers to compound the offence under

this rule, subject to the direction, control and supervision of the Administration.

CHAPTER XIII

MISCELLNEOUS

58. Manner of making complaint by an aggrieved worker under section 91.- (1) Every

complaint under section 91 shall be made electronically and by registered

post or speed post in Form XVI 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, and the Industrial Tribunal, as the case may

be, to be acquainted with the facts of the case.

59. 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 VIII.

60. Manner of authorization of employer for representing in any proceeding under

sub- section (2) of section 94.- Where the employer, is not a member of any

association of employers, may authorize in Form VIII an officer of any association of

employers connected with, or by any other employer engaged in, the industry in

which the employer is engaged to represent him in any proceeding under the Code

relating to a dispute in which the employer is a party.

61. Collection of Statistics:-The employer shall submit the details of strike, lockout,

lay- off, retrenchment and closures, statistics required under these rules electronically

in Form and manner time to time to the Administration as well as the Office of

Director General, Labour Bureau.

FORM I

(See rule 3)

(Memorandum of settlement arrived at during conciliation/ or settlement arrived at

between the employer and his workers otherwise than in the course of conciliation

proceeding)

Names of Parties:

... .. .. .. .. .. ... ... ... ... .. . ... ......... ... Representing employer(s);

... ... ... .. .. ... ......... . .... .. .. ........... Representing workers;

Short recital of the case

Terms of the settlement

Signature of the parties

Witnesses:

(I)

(2)

*Signature of Conciliation

Officer

In case the settlement arrived at between the employer and his workers otherwise than

in the course of conciliation proceeding the copy of the memorandum shall be marked

to the concerned Assistant Labour Commissioner/Labour-cum-Conciliation Officer.

FORM II

(See rule 9(2), Rule 11 and Rule 25)

(Form for Trade Union)

Annual Audit Report, Details of Assets and Liabilities and Annual Return to be

furnished by the Trade Union for the year ending 31 December, 20 ..

PART A

1. Name of the Union

2. Address of the Union

3. Registered Head Office

4. Number and date of certificate of registration

5. Classification of Industry (to be shown as per Schedule of Industries attached)

6. Classification of Sector [Please state to which of the following four

categories the union belongs] - (a) Public Sector - Central Sphere; (b) Public Sector

- State Sphere; (c) Public Sector - General Sphere; and (d) Public Sector - State

Sphere]

7. Name of the All India Body/Federation to which affiliated

8. Affiliation number

9. Affiliation fee paid during the year

10. Number and date of receipt for payment of affiliation fee

11. Membership fee per month

12. No. of members on books at the beginning of the year

13. No. of members admitted during the year

14. No. of members who left during the year

15. No. of the members on books at the end of the year (i.e. on 31st March, 20 )

Male Female Total

16. No. of members contributing to political fund

17. No. of members who paid their subscription for the whole year

18. A copy of the rules of the trade union corrected upto the date of dispatch of this

return is appended

19. Part B of the return over-leaf has been duly completed.

Date the

President or General Secretary

Note. (1) If the Federation falls under more than one category, the membership claim in

each category may be shown, separately.

Note. - (2) Name of Unions should be given in separate statements marked 'A',

'B', 'C' & 'D'.

Part B

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

Liabilities

Rs. Ps.

Assets

Rs. Ps.

Amount of general fund

Cash -

Amount of political fund

In hands of

Treasurer

Loans

From

In hands of

Secretary In

hands of

In the Bank

In the Bank

Securities as per list

Below

Un-paid

subscription due

for -

*(a) the year

*(b) previous year

Loans to-

(a) Officers

(b) members

Debts due to-

(c)others

Other liabilities (to be specified)

Immovable

property

Goods

and

Furniture

Other assets (to be

specified)

Total liabilities

Total liabilities

List of Securities

Particulars

Face Value Cost Price

Market

price at

date on

which

accounts

have been

made up

In hands of

GENERAL FUND ACCOUNT

Income

Expenditure

Treasure

Rs Ps.

Rs. Ps.

Balance at the beginning of

Salaries, allowance

the year

Subscription from the

and expenses of

Officers

Travelling

members ( including

unpaid subscription due

for the year)

allowance, salaries,

allowances and

expenses of

establishment

Auditors fees

a) Subscriptions received

Legal expenses

(b) Subscription in arrears for

three months or less

Expenses in

conducting trade

dispute

c) Subscription in arrears for

more than three months

Compensation paid

to members for

loss arising out of

trade disputes

Funeral, old age,

sickness,

unemployment

benefits etc.

Donations

Educational, Social

and religious

Sale of periodicals, books,

rules, etc.

benefits Cost of

publishing

Interest on investments

Income from

Periodicals

Miscellaneous sources (to

be specified)

Rents, rates and

taxes, Stationery,

Printing and

postage Expenses

incurred under

section

15 of the the

Industrial

Relations Code,

2020 (to be

Total

specified)

Other expenses (to

be specified)

Balance at the end

of year

Total at

Political Fund Account

Treasurer

Auditors Declaration

The undersigned, having had access to all the books and accounts 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 Trade Union had properly maintained its membership

register and its accounts and the members had paid their membership subscriptions

to the Trade Union as shown in the foregoing statement of the general fund account of

the Union, subject to the remarks, if any, appended hereto.

The following changes of [office bearers] have been made during the year.

[officer bearers] Relinquishing Office

Name of [Office bearer]

Date of relinquishing office

[Office Bearers] Appointed

Name

Date

of

birth

Private

address

Personal

occupation

Title or

position

held in

the

Trade

Union

Date on

which

appointm

ent in

column 5

was

taken

up

Other offices

held in

addition to

membership

of executive

with date

1

2

3

4

5

6

7

Date of last election

of officer bearers

Elections

Date of next election of

office bearers

President or General Secretary

Rs. Ps.

Rs. Ps.

Balance at the beginning of

year

Payments made on

objects specified in

section 15 of the

Industrial

Relations Code,

2020 (to be

specified)

Contribution from members at

per member

Expenses of

management (to be

fully specified)

Balance at end of

the year

FORM III

(See rule 10)

Application for Registration of Trade Union

Dated day of 20

1. We hereby apply for the registration

of a trade union under the

name of

2. The address of the head office of the union is

3. The union came into existence on the _

day of

4.

The union is

union of

employers/workers

engaged

in

the

industry or (profession).

5. The particulars required by section 8 (1) of Industrial Relations Code, 2020

are given in Schedule I.

6. The particulars given in Schedule II show the provision made in the

rules for the matters detailed in section 8 (1)(b) of Industrial Relations

Code,2020.

7. To be struck out in the case of unions which have not been in existence for

one year before the date of application. The particulars required by section 8

(2) of the Industrial Relations Code, 2020 are given in Schedule III.

8. We have been duly authorised to make this application by*

Serial No.

Signature

Occupation

Address

1.

2.

3.

4.

5.

6.

7.

*State whether the authority was given by a resolution of a general meeting of

the Union if not in what other way it as given.

To

The Registrar,

Trade Unions, Union territory of Ladakh.

Schedule I

List of

Officers

Note. - Enter in this schedule the name of all members of the executive of the Union,

showing in column 1 the names of any posts held by them (e.g. President, Secretary

including the General Secretary, Treasurer, etc.) in addition to their [office bearers] a

members of the executive.

Serial No.

Title

Name

Age

Address

Occupation

Schedule II

The numbers of the rules making provision for the several matters detailed in column 1

are given in column 2 below:-

1.

Serial No.

Matter

Number of

rules

1.

Name of union

2.

The whole of the subjects for which the union has been

established

3.

The whole of the purposes for which the general funds

of the union shall be applicable

4.

The maintenance of a list of members

5.

The facilities provided for the inspection of the list

of members by [office bearers] and members

6.

The admission of ordinary members

7.

The admission of honorary or temporary members

8.

The conditions under which members are entitled to

benefits assured by the rules

9.

The conditions under which fines or forfeitures can

be imposed or varied

10.

The manner in which the rules shall be amended,

varied or reminded

11.

The manner in which the members of the executive

and the other[Office bearers] of the union shall be

appointed and removed

12.

The safe custody of the funds

13.

The annual audit of the accounts

14.

The facilities for the inspection of the account books by

officers and members

15.

The manner in which the union may be dissolved

16.

The procedure for declaring a strike

Schedule III

This Need Not Be Filled In If The Unions Came Into Existence Less Than One Year Before

The Date of Application For Registration Statement of Liabilities and Assets on the day of

20 Liabilities

Assets

Rs. A.P.

Rs. A.P.

Amount of

general Fund

Cash :-

Amount of

political fund

In hands of Treasurer

In hands of Secretary

Loan from-

In hands of

In the Bank

In the

Bank

Securities as per list below

Debts due to-

Other Liabilities (to

be specified)

Unpaid subscriptions

due Loans to-

Immovable property,

Goods and furniture Other assets

(to be specified)

Total Liabilities

Total Assets

List of Securities

Particulars

Nominal

value

Market

value

In hands of

1

2

3

4

1.

2.

FORM IV

( See rule 12 )

Register of Trade Unions

Serial No.

Officer

Name of Union

Year of

entering

office

Name Age

on

entry

Addres

s

Occupatio

n

Year of

relinquishi

ng

office

Other

Offices held

In addition

to

membershi

p

of

Executive

with dates

Address of Head

Office

Date of

Registration

Number of application form

List of members applying for registration

1.

2.

3.

4.

5.

6.

7.

FORM V

{See rule 13}

Certificate of Registration of Trade Union

No.

It is hereby certified that

has been registered under the Industrial

Relations Code, 2020

this

day of

20

Registrar of Trade Unions

'Seal'

FORM VI

(See rule 36)

(Notice of change of service conditions proposed by an employer)

Name

of

employer................................................................................................

Address...............................................................................................................

Dated the ............................................day of ................................. 20..............

In accordance with section 40(1) of Industrial Relation code I/We hereby

give notice to all concerned that it is my/our intention to effect the change/changes

specified in the annexure, with effect from ............. in the conditions of service

applicable to workers in respect of the matters specified in the Third Schedule to

this code.

Signature.....................

Designation.................

ANNEXURE

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

Copy forwarded to:

1. The President or General Secretary of registered Trade Union, if any.

2. Concerned Conciliation Officer of the area.

Signature.....................

Designation.................

FORM VII

(See rule 37)

(Agreement for voluntary arbitration)

BETWEEN

……………………………Name of the parties representing employer (s)

And

……………………………..Representing worker

It is hereby agreed between the parties to refer the following dispute

to the

arbitration of

....................... [here specify the name(s) and address(es) of the arbitrator (s).

(i)

Specific matters in dispute.

(ii)

Details of the parties to the dispute including the name and address of

the 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 they

shall appoint another person as umpire whose award shall be binding onus.

The arbitrator (s) shall make his (their) award within a period of

(here specify the period agreed upon by the parties) from the date of publication of

this agreement in the Official Gazette by the Administration of Union territory of

Ladakh or within such further time as is extended by mutual agreement between us in

writing. In case, the award is not made within the period afore mentioned,

the

reference to the arbitration shall stand automatically cancelled and we

shall be free to negotiate for fresh arbitrator.

Signature

of

the

parties

Representing

employer/Representing worker/workers.

Witnesses

1. ..................................

2. ..................................

Copy to:

(i) The Conciliation Officer, Union territory of Ladakh.

(ii) The Secretary Labour, Administration of Union territory of Ladakh.

(iii) The Labour Commissioner, Union territory of Ladakh.

FORM VIII

(See rule 39, rule 58 and rule 59)

(Authorization by a worker, group of worker, employer, group of employer to be

represented in a proceeding before the authority under this Code).

Before the Authority

(Here mention the authority concerned)

In the matter of:.

(mention the name of the proceeding)

.............................................workers

Versus ................................................................................................................................ Employer

I/we hereby authorize Shri/Sarvashri (if representatives are

more than one) 1.........2............3. ........................... to represent me/us in the

Above matter.

Dated this......................day of..............................20..........

Signature of person(s) nominating the

representative(s) Address Accepted

FORM IX

(See clause (c) of sub - rule 1 of rule 40 and clause (a) sub- rule 1 of rule 41)

Form of Oath of Office for Judicial Member or Administrative Member

whichever is applicable) of Industrial Tribunal

I,

having been appointed as Judicial Member/Administrative

Member (whichever is applicable) of Industrial Tribunal (Name of the Tribunal) do

solemnly affirm/ do swear in the name of God that I will faithfully and

conscientiously discharge my duties as the Judicial Member/Administrative

Member of 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)

Plac e

Date

FORM X

(See Sub - rule 5 of rule 42)

(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.................................................

Versus

.................................................................. Opposite party (ies)

Address...........................................

...........

The above mentioned applicant begs to state as follows :-

(Here set out the relevant facts and circumstances of the

case).

The applicant prays that the instant dispute may please be admitted for

adjudication and request to pass appropriate Award.

Date …......

Place .........

Form XI

(See rule43)

(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............

To

(The name of the

employer). Dear Sir/Sirs,

In accordance with the provisions contained in sub-section (1) of section

62 of the Industrial Relation code I/We hereby give you notice that I propose

to call a strike / we propose to go on strike on ………..20… , for the reasons

explained in the annexure.

Yours faithfully,

(President or General Secretary of the Union)

Five representatives of the

workers duly elected at a

meeting

ANNEXURE

d

hel

Statement of the case

on............................................. (date)

, vide resolution attached.]

Copy to;

1) Conciliation Officer, Union territory of Ladakh.

2) Labour Commissioner/Deputy Labour Commissioner, Union territory of

Ladakh.

Statement of reasons

1.

FORM XII

(See rule 44)

(Notice of Lock-out to be given by an employer of an industrial

establishment)

Name

ofemployer..........................................................................................

Address..........................................................................................................

Dated the...............day of................20...................

In accordance with the provisions of 62(6) of this code, I/we

hereby give notice to all concerned that it is my/our intention to effect lock out

in..,..........................................................department(s), section(s) of my/our establishment

with effect from.......................for the reasons explained in the annexure.

Signature.....................................................

Designation............................................

ANNEXURE

Copy forwarded to:

(1) The President or General Secretary of the Registered Union, if any

(2) Conciliation officer ............ [Here enter office address of

Conciliation Officer of the concerned area.]

(3) Labour Commissioner/Deputy Labour Commissioner Union territory of Ladakh

(4) The Secretary Labour, Administration of Union territory of Ladakh.

Form XIII

(See sub-section (c) of section 70, rule 45 and rule 47)

(Notice of Intimation of Retrenchment/Closure to be given by an employer to the

Administration of Union territory of Ladakh)

[In cases of Part I, the prior notice of intimation should be served thirty days before

the commencement of retrenchment and in cases of Part II, i.e., closure, prior notice

of intimation of sixty days is required to be given before the commencement of

closure]

Name of Industrial Establishment or Undertaking

orEmployer.............................................................................................................

Address..........................................................................................................................

Dated .............. (DD/MM/YYYY).

To,

The Secretary

Labour, Administration of

Union territory Ladakh

Department of Labour,

Union territory of

Ladakh.

Sir,

Part I

(Retrenchment)

1. Under clause (a) of section 70 of the Industrial Relation Code, 2020, I/

we here by inform you that I/we have decided to retrench (number of

workers) ............................... workers with effect

from..................... (DD/MM/YYYY) for the reasons explained in the Annexure I.

2.

The workers concerned have been given on the.................(DD/MM/YYYY)

one

months’ notice in writing as required.

or

The worker(s) have been given on the. ............ (DD/MM/YYYY) one month’s pay

in lieu of notice as required.

3. The

total

number

of

workers employed

in

the

industrial

establishment/undertaking are. and the total number of those who

are being retrenched are…………..

Part II

(Closure)

1. Under sub-section (1) of section 74 of the Industrial Relation Code, 2020,

I/

we

hereby

inform

you

that I/we

have

decided

to

close down............................................ (name of the industrial establishment or

undertaking or

employer) with

effect

from (DD/MM/YYYY)for the reasons explained in the Annexure I.

2. The number of workers whose services would come to an end on account of

the closure of the industrial establishment or undertaking are.................

(number of workers).

Number of workers …………………………………………………………..

Category and designation …………………………………………………… of workers, who

have been affected due to closure.

I/We hereby declare that the worker/workers concerned has/have been/will be

paid compensation due to them under section 75 of this Code before or

on the date of expiry of the notice period.

Yours faithfully,

(Name & Designation of the Employer/ authorized representative

ANNEXURE I

Statement of Reasons for retrenchment/closure (strike whichever is not applicable)

with reference to Rule 25 and Rule 27 and Form VIII.

Copy to:

1. To the office of Labour Commissioner/ Deputy Labour Commissioner Union

territory of Ladakh

(Only for statistical purpose)

2. Conciliation Officer, Union territory of Ladakh

FORM XIV

(See rule 48, rule 51 and rule 53)

[Form of application for permission of Lay-off or Retrenchment or Closure in

Industrial establishments or Undertaking to which provisions of Chapter X of the

Industrial Relations Code, 2020applies]

To,

Sir,

The Secretary Labour,

Department of Labour

Administration of Union territory of Ladakh.

*1. Under *sub-section (2) of Section 78 of the Industrial Relations Code,

2020, I/we hereby apply for ―permission to lay-off.........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.

*2. Under sub-section (2) of section 79 of the Industrial Relation Code 2020,

I/we hereby

apply

for

permission

for

proposed

retrenchment

of.................Workers(indicate

number

in

figures

and

words)

with

effect

from(DD/MM/YYYY)for the reasons set out in the Annexure-I.

3.

The workers concerned have been given* notice in writing as required

under clause (a) of sub-section (1) of section 79. The worker concerned have not*

been given notice since the retrenchment is under an agreement (copy of which is

enclosed) as provided in the proviso to the said clause.

*4. Under section 80(1) of the Industrial Relation Code, 2020, I / we hereby

inform you that I/we propose to **close down the undertaking specified below of

(name of the industrial establishment).(Give details as in Annexure II) with effect

from(DD/MM/YYYY)

5.

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 lay-off, / to continue Lay off, or retrenchment of

the workers, or, closure of the said establishment.

All Such workers permitted to be laid-off/ retrenched or terminated due

to closure will be paid such compensation, to which they are entitled under

section 67, read with section 78(10), or, 79(9) or, 80(8) respectively of this Code as

per the details given below.

Yours faithfully,

(Signature)

(*Strike off which is not

applicable)

(** The application for permission in case of closure must be given at least 90

days before of the intended closure)

ANNEXUREI

Total no. of

workers/ no.

of

to be

retrenched

Unskilled

(total no. of

workers/to

be retrenched

)

Semi-skilled

(total no. of

workers/ to

be

retrenched)

Skilled (total

no. of

workers/to

be

retrenched)

Highly skilled

(total no. of workers/ to

be retrenched)

1.

2. Reasons for lay-off/retrenchment/Closure (strike out whichever is not

applicable)-

ANNEXURE II

Particulars

Remarks, if

any

1.

Name of the industrial establishment/ undertaking with

complete postal address along with Pin Code, e-mail,

telephone number(s).

2.

Status of undertaking—

(i) Whether State Public sector/State public sector/Foreign

majority company /joint sector company, etc., (In case of

foreign holding company then indicate the extent of foreign

holding)

Indicate

status of

company

the

the

(ii) Whether a private limited company/ partnership/ firm or

proprietorship firm

3.

(a) MCA number

(b) GSTN number

(c) Registration number of the labour department

4.

(a) *Names and identification number of the

affected workers proposed to be laid-off/retrenched/ to be

affected by closure.

The

identification

number UAN

of EPFO under

SS Code.

5.

(i) Annual production, item wise for pre-ceding three years-

(ii) Production figures, month-wise, for the preceding twelve

months,

6.

Balance sheets, profit and loss accounts and audit reports for

the last three years.

To be annexed

7.

Net worth of the company

8.

Names of the inter-connected companies or companies under

the same management.

9.

Details of lay-off/ Retrenchment resorted to in the last

three years (other than the lay-off/ Retrenchment for which

permission is sought), including the periods

of such lay-offs/ Retrenchment the number of workmen

involved in each such lay-off/ Retrenchment / continuation of

lay off

10. Any other relevant details which have bearing on lay-off

or

retrenchment or Closure.

A copy of this form is also to be submitted to the office of Labour Commissioner,

Administration of Union territory of Ladakh.

FORM XV

{See rule 57 (1)}

Notice to the Employer who committed an offence for the first time under this code,

for compounding of offence under sub-section (4) of section 89,

The undersigned and the Compounding Officer under sub-section 1 of section 89 of the

Industrial Relation Code, 2020 hereby intimates that the allegation has been made

against you for committing offence for the violation of various provision of this

Code as per the details given below;-

PART -I

1. Name and Address of the offender Employer-

………………………………..

2. Address of the Establishment…………….………………………………………….

4. Particulars of the offence …………………………………………………………………………

5. Section of the Code under which the offence is committed

……………………………………………………………..

6. Compounding amount required to be paid towards

composition

of

the

offence……………………………………………..

PART – II

You are advised to deposit the above mentioned amount within fifteen days

from the date of issue of this notice for compounding the offence as per section

89 (1) of the Industrial Relation Code, 2020, 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

undersection-----

shall be issued.

(Signature of the Compounding

Officer)

Date:

Place:

PART –III

Application under sub-section (4) of section 89 for compounding of offence

1. Name of applicant (name of the employer who committed the offence under the

Industrial Relation Code 2020 to be mentioned……………………………………..

2. Address of the applicant…………….………………………………………….

3. Particulars of the offence

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

4. Section of the Code under which the offence has been committed

……………………………………………………………..

5. Details of the compounding amount deposited (electronically

generated

receipt

to

be

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

………………………………………………………………………………………………………………

………………………………………………………………………………………………………………

……………………………………………………………………………………………..

Applicant

(Name and

signature)

Dated:

Place:

FORMXVI

{See rule 58 (1)}

(Complaint under Section 91 of the Industrial Relation Code,

2020) Before the Conciliation officer/Arbitrator/Industrial

Tribunal………

……………

In the matter of ....................................................... Reference

No…………………………………….

A......................

Complainant(s);

Versus

B......................

Opposite Party

(ies).

Address:

The petitioner(s) begs/beg to complain that the Opposite

Party(ies) has/have been guilty of a contravention of the

provisions of section 90 of the Industrial Relation code, 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 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 Industrial Relation Code are submitted herewith.

Dated this............day of..........20. ................Signature of the

LADAKH GAZETTE : EXTRAORDINARY 45

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 ....................................................... day

of....................20.....................

Signature or Thumb impression of the person verifying

“No legal responsibility is accepted for the contents of publication of advertisements/publications in this part of The

Ladakh Gazette. Persons notifying the advertisements/public notices will remain solely responsible for the legal

consequences and also for any other misrepresentation etc.”

K

Mehboob

Ali Khan

Digitally signed

by K Mehboob Ali

Khan

Date: 2022.06.07

17:34:42 +05'30'

AJEET

KUMAR

SAHU

Digitally signed by

AJEET KUMAR SAHU

Date: 2022.06.09

12:47:10 +05'30'