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GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

(G.O. Ms. No. 1/AIL/Lab./T/2022, Puducherry, dated 2nd February 2022)

NOTIFICATION

In exercise of the powers conferred by sub-section (1) of section 99

and clauses (o), (p) and (r) of sub-section (2) thereof, of the Industrial

Relations Code, 2020 (Central Act No. 35 of 2020), read with section 24

of the General Clauses Act, 1897 (Central Act No. 10 of 1897), the

Lieutenant-Governor, Puducherry, hereby proposes to make the following

rules, the Draft of which is hereby notified, as required under sub-section (1)

of the said section 99, for information of all persons likely to be affected

thereby and the notice is hereby given that the said Draft Notification

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Puducherry

Tuesday

22nd

February

2022

(3 Phalguna 1943)

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will be taken into consideration on expiry of a period of forty-five days

from the date on which the copies of the Official Gazette in which this

notification is published, are made available to the public;

2. Objections or suggestions which may be received from any

person or organisation by the Government of Puducherry, in respect of

the said Draft Rules within the period specified above shall be

considered by the Government.

3. Objections or suggestions, if any, shall be addressed to the

Secretary to Government (Labour), Labour Department, Government of

Puducherry, or by e-mail to [email protected]

(By order of the Lieutenant-Governor)

S.D. SUNDARESAN, I.A.S.,

Secretary to Government (Labour).

DRAFT RULES

CHAPTER-I

PRELIMINARY

1. Short title, extent and commencement.— (i) These rules may

be called, ‘Puducherry Industrial Relations Recognition of Negotiating

Union or Negotiating Council and Adjudication of Disputes of Trade

Unions Rules, 2021’.

(ii) These rules shall extend to the whole of the Union territory

of Puducherry.

(iii) They shall come into force on and from the date of

enforcement of the Code and upon publication in the Official Gazette.

2. Definitions.— (1) In these rules, unless the subject or context

otherwise requires,-

(a) “Code” means, the Industrial Relations Code, 2020 (Central

Act No. 35 of 2020);

(b) “Government” means, the Administrator of the Union

territory of Puducherry appointed by the President of India

under Article 239 of the Constitution;

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referred to in sub-section (2) or sub-section (3) of

section 14;

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

(e) “Verification Officer” means, an officer appointed under

rule 5.

(2) The words and expressions used in these rules which are

not defined herein, but, are defined in the Code, shall have their

respective meanings as assigned to them in the Code.

3. Matters in an industrial establishment having registered Trade

Union for negotiation with employer for the workers employed in the

industrial establishment under sub-section (1) of section 14.— (1) The

matters pertaining to workers which the negotiating Union or negotiating

Council shall negotiate with the employer of the industrial establishment

under sub-section (1) of section 14 are specified, as below, namely:-

(i) classification of grades and categories of workers;

(ii) order passed by an employer under the Standing Orders

applicable in the industrial establishment;

(iii) wages of the workers including their wage period, dearness

allowance, bonus, increment, customary concession or

privileges, compensatory and other allowances;

(iv) hours of work of the workers, their rest days, number of

working days in a week, rest intervals, working of shifts;

(v) leave with wages and holidays;

(vi) promotion and transfer policy and disciplinary procedures;

(vii) quarter allotment policy for workers;

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

(ix) such other matter pertaining to conditions of service, terms

of employment which are not covered in the foregoing

clauses; and

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(x) any other matter which is agreed between employer of the

industrial establishment and negotiating Union or Council.

4. Criteria for recognizing a single registered Trade Union of

workers as sole negotiating Union of workers under sub-section (2) of

section 14.— Where there is only one registered Trade Union operating

in an industrial establishment having its members not less than thirty

percent of the total workers employed in the industrial establishment,

then, the employer of such industrial establishment shall recognize such

Trade Union as sole negotiating Union of the workers.

5. Manner of verification of membership of Trade Unions in an

industrial establishment under sub-sections (3) and (4) of section 14.—

(1) (a) The employer of the industrial establishment shall appoint

a Verification Officer for the purpose of verification of membership of

the Trade Unions in the industrial establishment who shall be an

Independent Officer and shall not have any interest with any of the

Trade Union, whose membership verification is to be carried out;

Provided that the process for constitution of the negotiating

Union or the negotiating Council, as the case may be, shall commence

three months before the expiry of the tenure of the existing recognition

period of the Trade Unions recognised by the employer under the Code

of Discipline.

(b) The Verification Officer can appoint Additional

Verification Officers to assist him depending upon the quantum

of work of membership verification;

membership verification in the industrial establishment in time

bound manner as determined by the employer;

(2) The employer of the industrial establishment shall bear all

expenses and make arrangements in connection with the verification of

membership of Trade Union under sub-rule (1).

(3) (a) The Trade Unions which satisfy the following conditions

shall first submit an application to the employer of the industrial

establishment to accord status of negotiating Union of the workers,

namely:-

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(i) such Trade Union has a valid registration under the Trade

Unions Act, 1926 and continuing as such or has the registration

under the Industrial Relations Code, 2020 (Central Act No. 35

of 2020), as the case may be; and

(ii) the membership of the Trade Union be confined to the

particular industrial establishment only.

(b) The Application for recognition made by Trade Union shall

be accompanied with the copy of the Registration Certificate, copy of

list of members, details of the membership subscription and copy of latest

annual return submitted to Registrar of Trade Unions and any other

relevant document which the Trade Union wishes to submit in support

of its claim;

(4) (a) In case of negotiating Union or Council, as the case may

be, has been constituted under the Code, the employer of the industrial

establishment shall initiate action before expiry of the tenure of

incumbent negotiating Union or negotiating Council, as the case may

be, sufficiently in advance, but, not later than three months before the

expiry of the tenure of incumbent negotiating Union or negotiating

Council, as the case may be;

(b) The date of reckoning shall be fixed by the employer of

the industrial establishment for the purpose of verification of

membership of the Trade Unions;

documents and records submitted by Trade Unions, to the

Verification Officer;

(d) On receipt of the documents and records, the Verification

Officer shall scrutinize the records or documents submitted by

the Trade Union to ascertain the status of registration of Trade

Union and related matters;

(e) The Verification Officer shall hold meeting with

representative of employer of industrial establishment and all

participating Trade Unions to decide about the process of

verification of the membership of Trade Unions through secret

ballot;

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(d) The employer may, with the mutual agreement with the

Trade Unions of the industrial establishment, deploy an

electronic process of conducting the election process over an

information technology application, online platform or like other

platform.

6. Verification of membership of Trade Unions through secret

ballot.— (1) The Verification Officer shall convene meeting of

representatives of all Registered Trade Unions functioning in the

industrial establishment at least sixty days before the date of actual

voting, to decide,-

(a) publication of voters list;

(b) date, time, mode of voting, and place of voting;

(d) other modalities relating to secret ballot.

(2) The Verification Officer shall cause the minutes of the

meeting to be prepared and signed by all participating Trade Unions.

All participating Trade Unions shall be allotted symbols in the same

meeting. If, no decision could be taken regarding date, time, mode of

voting, place of voting, allotment of symbols, date, time and place of

counting and like other matters in the meeting, then, the decision of the

Verification Officer shall be final and he shall publish the schedule,

programme and procedure of such secret ballot;

(3) All workers whose names are borne on the muster roll of

the industrial establishment on the date of reckoning, shall be eligible

to cast their vote;

(4) The voter list shall be prepared by the employer of the

industrial establishment on the basis of names of the workers borne on

the muster roll referred to in sub-rule (3) and the voter list shall contain

the name, father’s name, designation, Universal Account Number (UAN),

if any, and place of posting of the worker. The final voter list shall be

published by the employer after obtaining the approval of Verification

Officer and shall be displayed at notice-board at the main entrance and

website, if any, of the industrial establishment. A copy of such voters

list shall also be sent to the participating Trade Unions by hand or by

registered post or by electronic mode.

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(5) The Verification Officer shall display the name of the

participating Trade Unions with the symbol allotted to them on the

notice-board at the main entrance and website, if any, of the industrial

establishment within two days of finalization.

(6) The voting and counting of votes will be held on the date,

time and place fixed by the Verification Officer under the supervision of

Verification Officer and during the counting, agents of all participating

Trade Unions shall be allowed to remain present.

(7) After final counting of votes, the result shall be declared

by the Verification Officer. The result sheet shall contain the name of

all Trade Unions participated in election, total number of votes polled

and the number of votes cast in favour of each of the Trade Union which

participated in the election.

7. Verification report to the employer.— The Verification Officer

shall submit verification report with results of verification of membership

of the Trade Unions to the employer of industrial establishment.

8. Recognition of Trade Union as negotiating Union or

constituents of negotiation Council.— On the basis of verification report

submitted by Verification Officer, the employer of the industrial

establishment shall grant recognition to Trade Union as a negotiating

Union or constituents of negotiating Council as per provisions of

sub-section 2 of section 14 or sub-section 3 of section 14 or sub-section

4 of section 14 of the Code, as the case may be, which shall be valid for

three years from the date of recognition of negotiating Union or

constitution of negotiating Council or such further period not exceeding

five years, in total, as may be mutually decided by the employer and

the negotiating Union or negotiating Council, as the case may be:

Provided that the tenure of the negotiating Union and the

negotiating Council shall be decided prior to holding of secret ballot.

9. Facilities to be provided by industrial establishment to

a negotiating Union or negotiating Council under sub-section (7) of

section 14.— In an industrial establishment, where there is a negotiating

Union or negotiating Council, as the case may be, the employer of such

industrial establishment shall provide the following facilities to the

negotiating Union or negotiating Council, as the case may be, namely:-

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(i) notice-board for the purpose of displaying the information

relating to activities of negotiating Union or negotiating Council, as the

case may be;

(ii) venue and necessary facilities for holding discussions by

the negotiating Union or negotiating Council, as the case may be, as

per schedule and agenda to be settled between employer of the

industrial establishment and the negotiating Union or constituents of

negotiating Council, as the case may be;

(iii) venue and necessary facilities for holding discussions

amongst the members of the negotiating Union or constituents of

negotiating Council, as the case may be;

(iv) facility for entrance of the office bearers of the negotiating

Union or constituents of negotiating Council, as the case may be, in

the industrial establishment for the purposes of ascertaining the matters

which are relating to working conditions of the workers;

(v) employer to deduct subscription of the members of the Trade

Unions on the basis of the written consent of the worker;

(vi) treating on duty of the employed office bearers of the

negotiating Union or constituents of negotiating Council, as the case

may be, when the office bearers are holding meetings or discussing with

the employer as per agreed schedule between employer and such office

bearers; and

(vii) employer of an industrial establishment, having three

hundred or more workers, shall provide suitable office accommodation

with necessary facilities to the negotiating Union or negotiating Council,

as the case may be.

10. Manner of making application for adjudication of dispute

before Tribunal under sub-section (1) of section 22.— Where any

dispute arises between-

(a) one Trade Union and another; or

(b) one or more workers who are members of Trade Union and

the Trade Union regarding registration, administration or management

or election of office bearers of the Trade Union; or

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and the Trade Union; or

(d) where the dispute is in respect of a Trade Union which is a

federation of Trade Unions and office bearer authorized in this behalf

by the Trade Union, then, the aggrieved person may make application

to the Tribunal having jurisdiction, in Form-A within a period of one

year from the date on which the dispute arises, electronically or by

registered post or by speed post or in person.

FORM-A

(See Rule 10)

Before the Industrial Tribunal ............................................ (Name and

Place) where dispute arises between

(A) Name and Address of Applicant(s)

Versus

(B) Name and Address of opposite party(ies)

Over the matter (statement regarding specific issues of dispute may

be mentioned) which are connected with relevant to the dispute under

sub section(l) of Section 22 of Industrial Relation Code, 2020.

The applicant(s) prays that instant application may please be

admitted for adjudication and request to pass appropriate Award in the

matter.

Place :

Name and Signature of the worker(s) or

Date :

Officer of Trade Union raising the dispute

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online publication at “https://styandptg.py.gov.in”

Published by The Director, Government Press, Puducherry.