PUNJAB GOVT. GAZ., MARCH 12, 2021
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ORDINARY
Published by Authority
CHANDIGARH, FRIDAY, MARCH 12, 2021
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LEGISLATIVE SUPPLEMENT
Contents Pages
Part I Acts
Nil
Part II Ordinances
Nil
Part III Delegated Legislation
1. Notification No. G.S.R. 21/Const./Art.309/ Amd.(2)/2021, dated the 1st March, 2021, containing amendment in the Punjab Naib- Tehsildars (Group 'B') Service Rules, 2019.
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2. Corrigendum dated the 2nd March, 2021, in the Government of Punjab, Department of Personnel, Notification No. G.S.R.7 /Const./Arts. 309 and 187/Amd.(12)/2021, dated the 2nd March, 2021.
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3. Notification No.G.S.R. 22/Const./Art.309/ Amd.(2)/2021, dated the 4th March, 2021, containing amendment in the Punjab Irrigation Department (Group 'A') Service Rules, 2004.
( xxx ) (xxxi)
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4. Notification No. G.S.R. 23 /C.A.35/2020/ S. 99/2021, dated the 5th March, 2021, containing the draft rules, namely the Industrial Relations (Punjab) Rules, 2021.
Part IV Correction Slips, Republications and
Replacements
Nil
*****
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PART III
GOVERNMENT OF PUNJAB
DEPARTMENT OF REVENUE, REHABILITATION AND DISASTER
MANAGEMENT
(REVENUE ESTABLISHMENT-3 BRANCH)
NOTIFICATION
The 1st March, 2021
No. G.S.R. 21/Const./Art.309/Amd.(2)/2021.-In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules further to amend the Punjab Naib-Tehsildars (Group B) Service Rules, 2019, namely :-
RULES
1. (1) These rules may be called the Punjab Naib-Tehsildars (Group-B) (Amendment) Service Rules, 2021.
(2) They shall come into force on and with effect from the date of their publication in the Official Gazette.
2. In the Punjab Naib-Tehsildars (Group-B) Service Rules, 2019, in Appendix 'A', against serial No.1, under column 7, for the existing entry, the following shall be substituted, namely:-
"10300-34800+4800 Grade Pay:
Provided that out of 193 posts, the Naib Tehsildars recruited under Register 'A' (Direct Recruitment and Compassionate Appointments) after 17th July, 2020 shall be entitled to the pay scale as per Level-6 of the 7th Central Pay Commission pay matrix with initial pay of Rs. 35,400.",
VISWAJEET KHANNA,
Additional Chief Secretary to Government of Punjab,
Department of Revenue, Rehabilitation
and Disaster Management.
2245/3-2021/Pb. Govt. Press, S.A.S. Nagar
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PART III
GOVERNMENT OF PUNJAB
DEPARTMENT OF PERSONNEL
(PERSONNEL POLICY-2 BRANCH)
CORRIGENDUM
The 2nd March, 2021
In the Government of Punjab, Department of Personnel, Notification No.G.S.R.7/Const./Arts.309 and 187/Amd.(12)/2021, dated the 5th January, 2020, published in the Punjab Government Gazette, dated 15th January, 2021, For "2020", Read "2021".
VINI MAHAJAN, Chief Secretary to Government of Punjab.
2245/3-2021/Pb. Govt. Press, S.A.S. Nagar
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PART III
GOVERNMENT OF PUNJAB
DEPARTMENT OF WATER RESOURCES
( Irrigation Personnel-1 Branch)
NOTIFICATION
The 4th March, 2021
No. G.S.R. 22/Const./Art.309/Amd.(2)2021.-In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following rules, further to amend the Punjab Irrigation Department (Group A) Service Rules, 2004, namely: -
RULES
1. (1) These rules may be called the Punjab Irrigation Department (Group A) Service (Amendment) Rules, 2021.
(2) They shall come into force on and with effect from the date of their publication in the Official Gazette.
2. In the Punjab Irrigation Department (Group A) Service Rules, 2004, in Appendix B, under column 5,-
i) in Serial No.3 , for the words "eight year", the words " six years" shall be substituted; and
ii) in Serial No.4 in item (a), in sub item (i), for the words "ten years", the words "seven years" shall be substituted.
SARVJIT SINGH, IAS,
Principal Secretary to Government of Punjab,
Department of Water Resources.
2245/3-2021/Pb. Govt. Press, S.A.S. Nagar
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PART III
GOVERNMENT OF PUNJAB
DEPARTMENT OF LABOUR
NOTIFICATION
The 5th March, 2021
No. G.S.R. 23/C.A.35/2020/S.99/2021.-The following draft rules, which
the Governor of Punjab proposes to make in exercise of the powers conferred
by sub-section (2) of section 99 of the Industrial Relations Code, 2020 (Central
Act 35 of 2020) and all other powers enabling him in this behalf, is published
as required by sub-section (1) of section 99 of the said Act, for information of
the persons likely to be affected thereby.
Notice is hereby given that the said draft will be taken into consideration
by the Government on or after the expiry of a period of thirty days from the
date of publication of this notification in the Official Gazette, together with any
objection and suggestion, which may be received by the Labour Commissioner,
Punjab, Model Welfare Centre (Kirat Bhawan), Phase-X, Sector-64, Sahibzada
Ajit Singh Nagar (Mohali), (Email: [email protected]) from any
person or organization with respect to the said draft before the expiry of the
period so specified, namely :–
DRAFT RULES
CHAPTER- I
PRELIMINARY
1. Short title, application and commencement.- (1)These rules may be
called the Industrial Relations (Punjab) Rules, 2021.
(2) They extend to whole of the State of Punjab.
(3) They 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) "Code" means the Industrial Relations Code, 2020;
(b) "Form" means forms appended to these rules;
(c) "section" means the section of the Code; and
(d) "State Government" means the Government of the State of Punjab
in the Department of Labour.
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(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 Agreement under clause (zi) of section 2
sections 2(zi) and 99(2)(a)
for written agreement between the employer and worker shall be in the form
specified in Form-I and shall be signed by the parties in 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
sections 3 and 99(2)(b)
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) 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) Subject to the provisions of this rule, the representatives of the
employer in the Works Committee shall be nominated by the employer
and shall, as far as may be possible, be officials in direct touch with,
or associated with, the working of the industrial establishment.
(4) (a) Where any workers of the industrial establishment are members
of a registered Trade Union, the employer shall ask such Trade
Union to inform him in writing as to how many of the workers are
members of such Trade Union.
(b) Where an employer has reason to believe that the information
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false, he may, after informing such Trade Union, refer the matter
to the Labour Commissioner, Punjab who shall, after hearing the
parties, shall decide the matter and his decision thereon shall be final.
(5) On receipt of the information called for under sub-rule (4), the
employer shall provide for the selection of worker's representative
on the Committee 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 ch oose
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 employer's 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.
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(6) (a) The term of office of the representatives on the Works
Committee other than a member chosen to fill a casual vacancy
shall be two years;
(b) A member chosen to fill a casual vacancy shall hold office for the
unexpired term of his predecessor; 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.
(7) 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) The Works Committee shall have the right to co-opt in a consultative
capacity, persons employed in the industrial establishment having
particular or special knowledge of a matter under discussion. Such
co-opted member shall not be entitled to vote and shall be present
at meetings only for the period during which the particular question
is before the Works Committee.
(9) (a) The Works Committee may meet as often as necessary.
(b) The Works Committee shall at its first meeting regulate its own procedure.
(10) (a) The employer shall provide accommodation for holding meetings
of the Works Committee. He shall also provide all necessary
facilities to the Works Committee and to the members thereof for
carrying out the work of the Works Committee. The Works
Committee shall ordinarily meet during working hours of the
industrial establishment concerned on any working day and the
representative of the worker shall be deemed to be on duty while
attending the meeting.
(b) The Secretary of the Works Committee may with the prior
concurrence of the Chairman, put up notice regarding the work of
the Works Committee on the notice board of the industrial
establishment.
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5. Manner of choosing members from the employers and the workers for
Grievance Redressal Committee under sub-section (2) of section 4.- The
sections 4(2) and 99(2)(c) 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, Punjab 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
sections 4(5) and 99(2)(d) 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.
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7. Manner of filing application for the conciliation of grievance as
against the decision of the Grievance Redressal Committee to the
sections 4(8) and 99(2)(e)
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. Form of application for Registration of Trade Union under section 8.-
sections 8 and 99(2)(h)
Every application for registration of a Trade Union shall be made to the
Registrar in Form II electronically or otherwise.
9. Fee for Registration.- The fee payable on registration of a Trade
sections 8 and 99(2)
Union shall be rupees 1000 (One thousand rupees).
section 9 10. Registration and Cancellation of Trade Union under section 9.- (1)
The Register of Trade Union referred to in section 9 shall be maintained
in Form- III.
(2) The certificate of Registration issued by the Registrar under section 9
shall be in Form IV.
(3) The Registrar on receiving an application under sub-section 5(i) of
section 9 for the cancellation of registration shall, before
granting the application, satisfy himself that the withdrawal or
cancellation of registration 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
office bearer of the Union, the Registrar shall record the
reasons and communicate the same to the Trade Union
regarding cancellation of the certificate.
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(4) 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.
11. Appeal.- Any appeal made under section 10 must be filed within
sixty days of the date on which the Registrar passed the order against
sections 10(1) and 99(2)(m) which the appeal is made.
12. Alteration of rules.- (1) On receiving a copy of an alteration made sections 11(3) and 99(2)(n) in the rules of a Trade Union under sub-section (3) of section 11, the
Registrar, unless he has reason to believe that the alteration has not
been made in the manner provided by the rules of the Trade Union,
shall register the alteration in a register to be maintained for this purpose
and shall notify the fact that he has done so to the President or General
Secretary of the Trade Union.
(2) The fee payable for registration of alterations of rules shall be
rupees 100 (one hundred rupees) for each set of alterations made
simultaneously.
13. Change of Name and amalgamation of Trade Unions under section
sections 24 and 99(2)(s) 24.- (1) The notice of any change of any name of a Trade Union
shall be sent to the Registrar in Form- V.
(2) The notice of every amalgamation of a Trade Union in duplicate
shall be sent to the Registrar in Form- VI.
(3) When the Registrar registers a change of name or amalgamation
under sub-sections (5) and (6) of section 24, respectively, he shall
certify under his signature at the foot of the certificate that the
new name or amalgamation has been registered.
14. Dissolution of Registered Trade Union under section 25 (1).- When
sections 25(1) a registered trade union is dissolved, Notice of dissolution shall be sent
to the Registrar in Form-VII.
15. Division of Funds under section 25 (2).- Where it is necessary for sections 25(2) and 99(2)(t) the Registrar, under sub-section (2) of section 25 to distribute the funds
of the 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.
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16. Annual Returns.- The annual return to be furnished under clause (a)
sections 26(1) and 99(2)(u)
of sub-section (1) of section 26 shall be submitted to the Registrar by the
31st day of December in each year and shall be in Form-VIII.
17. Annual Audit.- (1) The annual audit of the accounts of any
sections 26(1) and 99(2)(u)
registered trade union shall be conducted by an auditor authorised to
audit the accounts of companies under section 144 of the Companies Act,
2013.
(2) Where the membership of a Trade Union did not at any time
during financial year exceed 2500 the annual audit of the accounts
may be conducted, -
(a) by any examiner of local fund accounts; or
(b) by any local fund auditor appointed by the State Government; or
(c) by any person, who, having held an appointment under the
Government in any audit or accounts department is in receipt of a
pension of not less than rupees two hundred per mensem.
(3) Where the membership of a Trade Union did not at any time
during the financial year exceed 750, the annual audit of the
accounts may be conducted,-
(a) by any two persons holding office as magistrates or judges or as
members of any municipal council, district board, or legislative
body; or
(b) by any person who, having held an appointment under the
Government in any audit or accounts department, is in receipt of a
pension from Government of not less than rupees seventy-five a
month; or
(c) by any auditor appointed to conduct the audit of any co-operative
societies by the Government or by the Registrar of Co-operative
Societies or by any State Co-operative organisation recognized by
the Government for this purpose.
(4) Where the membership of a Trade Union did not any time during
the financial year exceed 250, the annual audit of the accounts
may be conducted by any two members of the Union.
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(5) Where the Trade Union is a federation of Unions, and the number
of unions affiliated to it at any time during the financial year did
not exceed 50, 15 or 5 respectively, the audit of the accounts of the
federation may be conducted as if it had not at any time during
the year had membership of more than 2,500, 750 or 250, respectively.
18. Eligibility of person to audit.- Notwithstanding anything contained in sections 26 and 99(2)(u) rule 17, no person, who at any time during the year for which the
accounts are to be audited was entrusted with any part of the funds or
securities belonging to the trade union shall be eligible to audit the
accounts of that Union.
19. Access to books of trade union.- The auditor or auditors appointed sections 26 and 99(2)(u) 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 to Form-VIII,
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 Code. The particulars
given in this statement shall indicate,-
(i) every payment which appears to be unauthorised by the rules of
the Trade Union or contrary to the provisions of the Code;
(ii) the amount of any deficiency or loss which appears to have been
incurred by the negligence or misconduct of any person; and
(iii) the amount of any sum which ought to have been put is not
brought to account by any person.
20. Audit of Political Fund.- The audit of the political fund of a sections 26 and 99(2)(u) registered Trade Union shall be carried out along with the audit of the
general account of the Trade Union and by the same auditor or auditors.
21. Inspection of Register of trade union.-(1) The register of trade sections 26 and 99(2)(u) unions maintained in accordance with rule 22 shall be open to inspection
by any person on payment of a fee of fifty rupees.
(2) Any documents in the possession of the Registrar received from a
registered Trade Union may be inspected by any member of that Union
on payment of a fee of fifty rupees for each document inspected.
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(3) The documents shall be open to inspection every day on which the
office of the Registrar is open and within such hours as may be
fixed for this purpose by the Registrar.
(4) The Registrar may supply a copy of any such document to a
registered Trade Union or a member thereof on payment of fifty
rupees for every hundred pages or fractional part thereof.
sections 26 22. Maintenance of books by Trade Union.- Every registered trade union
and 99(2)(u)
shall maintain the following books and registers to facilitate the audit of its
accounts namely :-
(1) Register of membership and subscriptions in Form- IX.
(2) Register or receipts and disbursements of the General Fund Account.
(3) Minutes book to record the proceedings of all meetings.
(4) Register of Stock and Plant to show the furniture, fittings and
valuable documents relating to the immovable property of the
union.
(5) Machine numbered subscription receipt book.
(6) Register of receipts and disbursements for the Political Fund (if
there is a Political Fund).
(7) A file of vouchers.
CHAPTER IV
STANDING ORDERS
23. Manner of forwarding information to certifying officer under sub-
sections 30(3) and 99(2)(w)
section (3) of section 30.- (1) If the employer adopts the model standing
order of the State 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 referred to in sub-rule (1), the certifying
officer within a period of thirty days from such receipt may give
his observation that the employer is required to include certain
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those relevant provisions of the model standing orders which have
not been adopted and shall also direct the employer to amend the
standing order so adopted, by way of addition, deletion or modification
within a period of thirty days from the date of the receipt of such
direction and ask for compliance report only in respect of provisions
which the certifying officer seeks to get so amended and such
report shall be sent electronically by the employer.
(3) If no observation is made by certifying officer within a period of
thirty days of the receipt of the information as specified in sub-
rules (1) and (2), then, the standing order shall be deemed to have
been adopted by the employer.
24. Manner of choosing representatives of workers of the industrial
sections 30(5) and 99(2)(x) establishment or undertaking for issuing notice by certifying officer where
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 submitted within fifteen days from the
receipt of the notice.
25. Manner of authentication of certified standing orders under sub-section
sections 30(8) and 99(2)(x) (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 (1) 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.
26. Statement to be accompanied with draft standing orders under sub-
sections 30(9) and 99(2)(y) 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, 246
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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.
27. Conditions for submission of draft standing order in similar
establishment under sub-section (10) of section 30.- In cases of group of
sections 30(10) and 99(2)(z)
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.
28. Manner of disposal of appeal by appellate authority under section
sections 32 and 99(2)(za)
32.- (1) An employer or trade union or negotiating union desirous of
preferring an appeal against the order of the certifying officer given
under sub-section (5) of section 30 shall within sixty days of the receipt
of such order 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;
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(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.
29. The language and the manner of maintaining standing order under
sections 33 and 99(2)(zb) sub-section (1) and (2) of section 33.- (1) The standing order finally certified
by certifying officer shall be sent electronically except in the case of
deemed certification under section 30.
(2) The text of the standing order as finally certified or deemed to
have been certified or adopted model standing order under this
Chapter shall be maintained by the employer in Hindi or in English
and in the official language of the State where the industrial
establishment is situated.
30. Register for final certified copy of standing order under section 34.-
sections 34 and 99(2)(zc) (1) The certifying officer shall maintain electronically, a register of all
standing orders certified or deemed to have been certified or adopted
model standing orders of all the concerned industrial establishments,
inter-alia, containing the details of –
(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 248
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(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
applying there for on payment of ten rupees per page of the
certified standing orders or deemed certified standing orders, as the
case may be.
31. Application for modification of standing order under sub-section
sections 35(2) and 99(2)(zd)
(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 therein, and such statement shall be signed by a
person authorized by the industrial establishment or undertaking.
CHAPTER V
NOTICE OF CHANGE
32. The manner of giving of notice for change proposed to be effected
sections 42(3) and 99(2)(ze)
under clause (i) of section 40.- (1) Any employer intending to effect any
change in the conditions of service applicable to any worker in respect
of any matter specified in the Third Schedule to the Code, shall give
notice in Form-X 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.
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CHAPTER VI
VOLUNTARY REFERENCE OF DISPUTES TO ARBITRATION
33. Form of arbitration agreement and the manner thereof under sub-
sections 42(5) and 99(2)(zf) section (3) of section 42. - (1) Where the employer and workers agree to
refer the dispute to arbitration, the Arbitration Agreement shall be in
Form-XI 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 in sub-rule (1) shall be
signed.-
(i) in case of an employer, by the employer himself, or when the
employer is an incorporated company or other body corporate, by
the agent, manager or other officer of the corporation authorized
for such purposes;
(ii) in the case of the workers by the officer of the registered trade
union authorized in this behalf or by three representatives of the
workers duly authorized in this behalf at a meeting of the
concerned workers held for such purpose;
(i) 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.
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34. Manner of issue of notification under sub-section (5) of section 42.-
sections 42(5) and 99(2)(zg)
Where an industrial dispute has been referred to arbitration and the State
Government is satisfied that the persons making the reference represent
the majority of each party, it shall publish a notification in this behalf in
the 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.
35. Manner of choosing representatives of workers where there is no
sections 42(5) and 99(2)(zh)
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-XII 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
36. Manner of filling up of the vacancy under sub-section (9) of
section 44 and procedure for selection, salaries and allowances and
sections 44(9), and 99(2)(zi)(zj)
other terms and condition of Judicial Member of the Industrial
Tribunal under sub-section (6) of section 46.- (1) The qualification for
appointment of the Judicial Member of the Industrial Tribunal (here in
after in this chapter referred to as the judicial Member) shall be such as
provided in sub-section (4) of section 44.
(2) The Judicial Member shall be appointed by the State Government
on the recommendation of a Search -cum-Selection Committee
(SCSC) specified in sub-rule (3).
(3) The Search -cum-Selection Committee shall comprise the following members,
namely:-
(i) Chief Justice of Punjab and Haryana High Court or a Judge of
High Court nominated by him-Chairperson;
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(ii) Outgoing Judicial Member of the Industrial Tribunal - Member;
(iii) Principal Secretary to the Government of Punjab, Department of
Labour - Member; and
(iv) Principal Secretary to the Government of Punjab, Department of
Industries and Commerce - Member.
(4) The Search-cum-Selection Committee (SCSC) shall determine its
procedure for making its recommendation and, after taking into
account qualification, suitability, record of past performance, integrity
as well as adjudicatory experience keeping in view of the requirement
of the Industrial Tribunal recommend a panel of two or three
persons as it deems fit for appointment to each post.
(5) No appointment of a Judicial Member shall be declared invalid
merely by reason of a vacancy or absence of any member in the
Search-cum-Selection Committee.
(6) A Judicial Member shall hold office for a term of four years from
the date on which he enters upon his office or till he attains the
age of sixty-two years, whichever is earlier.
(7) In case of casual vacancy in the office of Judicial Member, the
State Government shall appoint the Judicial Member of the other
Industrial Tribunal to officiate as Judicial Member.
(8) (a) A Judicial Member shall be paid a salary of rupees 2,25,000/-
(fixed) per month and shall be entitled to draw allowances as are
admissible to an officer of the Government of Punjab holding
Group A post carrying the same pay.
(b) In case of appointment of retired judge of High Court, his pay
shall be reduced by the gross amount of pension drawn by him.
(9) (a) In case of serving judges of High Court, the service rendered
in the Industrial Tribunal shall be counted for pension to be drawn
in accordance with the extant rules of the service to which they
belong and they shall be governed by the provisions of General
Provident Fund (State Service) Rules, 1960 and the rules for
pension applicable to them.
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(b) In case of retired judges of High Court, they shall be entitled to
join Contributory Provident Fund Scheme as per rules during the
period of their re-employment and additional gratuity shall not be
paid for the service rendered in the Industrial Tribunal.
(10) A Judicial Member shall be entitled for rent free furnished
accommodation or house rent allowance at the rate as admissible to
an officer of the Government of Punjab holding Group A post
carrying the same pay.
(11) (a) In case of serving judges of High Court, leave shall be
admissible as admissible to the serving High Court Judges.
(b) In case of retired judges of High Court, leave shall be admissible as
are admissible to an officer of the Government of Punjab holding
Group A post carrying the same pay.
(12) (a) The State Government shall be the leave sanctioning authority
for the Judicial Member.
(b) The State Government shall be the sanctioning authority for foreign
travel to the Judicial Member.
(13) The State Government Health Scheme facilities as admissible to an
officer of the Government of Punjab holding Group A post carrying
the same pay shall be applicable.
(14) (a) The Travelling allowance to a Judicial Member shall be
admissible as per entitlement of an officer of the Government of
Punjab holding Group A post carrying the same pay.
(b) In case of retired judges of High Court, transfer travelling allowance
for joining the Industrial Tribunal from home town to head quarter
and vice-versa at the end of assignment shall also be admissible as
entitlement of an officer of the Government of Punjab holding
Group A post carrying the same pay.
(15) A Judicial Member shall be entitled for leave travel concession as
admissible to an officer of the Government of Punjab holding
Group A post carrying the same pay.
(16) A Judicial Member shall be entitled for transport allowance as
admissible to an officer of the Government of Punjab holding
Group A post carrying the same pay.
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(17) No person shall be appointed as Judicial Member unless he is
declared medically fit by an authority specified by the State
Government in this behalf.
(18) (a) If a written and verifiable complaint is received by the State
Government, alleging any definite charge of misbehaviour or incapacity
to perform the functions as Judicial Member, it shall make a
preliminary scrutiny of such complaint.
(b) If on preliminary scrutiny, the State Government is of the opinion
that there are reasonable grounds for making an inquiry into the
truth of any misbehaviour or incapacity of a Judicial Member, it
shall make a reference to the Search-cum-Selection Committee to
conduct the inquiry.
(c) The Search-cum-Selection Committee shall complete the inquiry
within six months time or such further time as may be specified by
the State Government.
(d) After conclusion of the inquiry, the Search-cum-Selection Committee
shall submit its report to the State Government stating therein its
findings and the reasons therefore on each of the charges separately
with such observations on the whole case as it may think fit.
(e) The Search-cum-Selection Committee shall not be bound by the
procedure laid down by the Code of Civil Procedure, 1908 (5 of
1908) but shall be guided by the principles of natural justice and
shall have power to regulate its own procedure, including the fixing
of date, place and time of its inquiry.
(19) A Judicial Member may, resign his office at any time by giving
notice to this effect in writing under his hand addressed to the
State Government:
Provided that the Judicial Member shall, unless he is permitted
by the State Government to relinquish office sooner, continue to
hold office until the expiry of three months from the date of
receipt of such notice or until a person duly appointed as a
successor enters upon his office or until the expiry of his term of
the office, whichever is earlier.
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(20) (a) The State Government shall, on the recommendation of Search-cum-
Selection Committee, remove from office any Judicial Member, who,-
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence which, involves moral turpitude;
or
(c) has become physically or mentally incapable of acting as such a Judicial
Member; or
(d) has acquired such financial or other interest as is likely to affect
prejudicially his functions as a Judicial Member; or
(e) has so abused his position as to render his continuance in office
prejudicial to the public interest:
Provided that where a Judicial Member is proposed to be
removed on any ground specified in clauses (b) to (e), he shall be
informed of the charges against him and given an opportunity of
being heard in respect of those charges.
(21) Every person appointed as Judicial Member shall, before entering
upon his office, make and subscribe an oath of office and secrecy
in the Form-XIII.
(22) The matter relating to the terms and conditions of services of the
Judicial Member with respect to which no express provisions has
been made in these rules, shall be referred by the Industrial
Tribunal to the State Government for its decision, and the decision
of the State Government thereon shall be final and binding.
(23) The State Government shall have power to relax the provision of
any of these rules in respect of any class or categories of persons
for the reasons to be recorded in writing.
37. Manner of filling up of the vacancy under sections 44 and
99(2)(zi) and procedure for selection, salaries and allowances and
other terms and condition of Administrative Member of the Industrial
sections 44(9), 46(6) and 99(2)(zi)(zj)
Tribunal under section 44.- (1) The qualification for appointment of the
Administrative Member of the Industrial Tribunal (hereinafter in this
chapter referred to as Administrative Member) shall be such as given in
sub-section (4) of section 44.
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(2) (a) The Administrative Member shall be appointed by the State
Government on the recommendation of a Search-cum-Selection
Committee (SCSC) specified in sub-rule (3) of this rule.
(3) The Search-cum-Selection Committee shall comprise the following
members, namely:-
(i) Chief Justice of Punjab and Haryana High Court or a Judge of
High Court nominated by him-Chairperson;
(ii) Outgoing Administrative Member of the Industrial Tribunal - Member;
(iii) Principal Secretary to the Government of Punjab, Department of
Labour - Member ; and,
(iv) Principal Secretary to the Government of Punjab, Department of
Industries and Commerce - Member.
(4) The Search-cum-Selection Committee (SCSC) shall determine its
procedure for making its recommendation and, after taking into
account qualification, suitability, record of past performance, integrity
as well as experience keeping in view of the requirement of the
Industrial Tribunal and recommend a panel of two or three persons
as it deems fit for appointment to said post.
(5) No appointment of Administrative Member shall be declared invalid
merely by reason of one vacancy or absence of any Member in
the Search-cum-Selection Committee.
(6) An administrative Member shall hold office for a term of four years
or till he attains the age of sixty two years, whichever is earlier.
(7) In case of casual vacancy in the office of Administrative Member,
the State Government shall appoint the Administrative Member of
the other Industrial Tribunal to officiate as Administrative Member.
(8) The Administrative Member shall be paid a salary of rupees
2,25,000/- (fixed) per month and shall be entitled to draw allowances
as are admissible to an officer of the Government of Punjab
holding Group A post carrying the same pay. In case of retired
Government Officer, his pay shall be reduced by the gross amount
of pension drawn by him.
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(9) (a) In case of serving Government Officer, the service rendered in
Industrial Tribunal shall be counted for pension to be drawn in
accordance with the extant rules of the service which he belong and
shall be governed by General Provident Fund (State Service) Rules, 1960.
(b) In case of retired Government Officers, they shall be entitled to
join Contributory Provident Fund Scheme as per extant rules during
period of their re-employment. Additional gratuity shall not be
admissible for the service rendered by the Administrative Member
in Industrial Tribunals.
(10) The Administrative Member shall be entitled for rent free furnished
accommodation or house rent allowance at the rate as admissible to
an officer of the Government of Punjab holding Group A post
carrying the same pay.
(11) (a) In case of serving Government Officer, leave shall be admissible
in accordance with the extant rules of the service which he belongs.
(b) In case of retired Government Officers, leave shall be admissible as
are admissible to an officer of the Government of Punjab holding
Group A post carrying the same pay.
(12) (a) The State Government shall be the leave sanctioning authority
for the Member.
(b) The State Government shall be the sanctioning authority for foreign
travel to the Administrative Member.
(13) The State Government Health Scheme facilities as admissible to an
officer of the Government of Punjab holding Group A post carrying
the same pay shall be applicable.
(14) (a) The Travelling allowance to an Administrative Member shall be
admissible as per entitlement an officer of the Government of
Punjab holding Group A post carrying the same pay.
(b) In case of retired Government Officer, transfer travelling allowance
for joining the Industrial Tribunal from home town to head quarter
and vice-versa at the end of assignment shall also be admissible as
entitlement of an officer of the Government of Punjab holding
Group A post carrying the same pay.
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(15) An Administrative Member shall be entitled for leave travel
concession as admissible to an officer of the Government of
Punjab holding Group A post carrying the same pay.
(16) An Administrative Member shall be entitled for transport allowance
as admissible to an officer of the Government of Punjab holding
Group A post carrying the same pay.
(17) No person shall be appointed as an Administrative Member, unless he is
declared medically fit by an authority specified by the State Government
in this behalf.
(18) (a) If a written and verifiable complaint is received by the State
Government, alleging any definite charge of misbehaviour or incapacity
to perform the functions as Administrative Member, it shall make a
preliminary scrutiny of such complaint.
(b) If on preliminary scrutiny, the State Government is of the opinion
that there are reasonable grounds for making an inquiry into the
truth of any misbehaviour or incapacity of an Administrative
Member, it shall make a reference to the Search-cum-Selection
Committee to conduct the inquiry.
(c) The Search-cum-Selection Committee shall complete the inquiry
within six months time or such further time as may be specified by
the State Government.
(d) After conclusion of the inquiry, the Search-cum-Selection Committee
shall submit its report to the State Government stating therein its
findings and the reasons therefore on each of the charges separately
with such observations on the whole case as it may think fit.
(e) The Search-cum-Selection Committee shall not be bound by the
procedure laid down by the Code of Civil Procedure, 1908 (5 of
1908) but shall be guided by the principles of natural justice and
shall have power to regulate its own procedure, including the fixing
of date, place and time of its inquiry.
(19) An Administrative Member may, resign his office at any time by
giving notice to this effect in writing under his hand addressed to
the State Government:
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Provided that the Administrative Member shall, unless he is
permitted by the State Government to relinquish office sooner,
continue to hold office until the expiry of three months from the
date of receipt of such notice or until a person duly appointed as
a successor enters upon his office or until the expiry of his term
of the office, whichever is earlier.
(20) The State Government shall, on the recommendation of the Search-cum-
Selection Committee, remove from office any Administrative Member, who-
(a) has been adjudged as an insolvent; or
(b) has been convicted of an offence which, involves moral turpitude; or
(c) has become physically or mentally incapable of acting as such
Member; or
(d) has acquired such financial or other interest as is likely to affect
prejudicially his functions as an Administrative Member; or
(e) has so abused his position as to render his continuance in office
prejudicial to the public interest:
Provided that where an Administrative Member is proposed to
be removed on any ground specified in clauses (b) to (e), he shall
be informed of the charges against him and given an opportunity of
being heard in respect of those charges.
(21) Every person appointed as Administrative Member shall, before
entering upon his office, make and subscribe an oath of office and
secrecy in the Form-XIII.
(22) The matter relating to the terms and conditions of services of the
Administrative Member with respect to which no express provisions
has been made in these rules, shall be referred by the Industrial
Tribunal to the State Government for its decision, and the decision
of the State Government thereon shall be final and binding.
(23) The State Government shall have power to relax the provision of
any of these rules in respect of any class or categories of persons
for the reasons to be recorded in writing.
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38. Manner of holding conciliation proceedings under sub-section (1),
full report under sub-section (4), and application and the manner of
sections 53(1),(4),(6) and 99(2)(zl) deciding such application under sub-section (6) of section 53.- (1) Where
any industrial dispute exists or is apprehended or a notice under section
62 has been given, the conciliation officer shall adopt the procedure
specified on the website of the Department of Labour, Government of
Punjab from time to time for holding conciliation proceedings.
(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
through electronically 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-XIV,
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 260
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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.
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(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 State Government 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 Rs. 10 per page.
(b) For certifying a copy of any such award or order or document, a
fee of Re. 10 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.
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(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
39. Number of persons by whom the notice of strike shall be given, the
sections 62(4) and 99(2)(zm)
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- XV 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 concerned
conciliation officer, the Labour Commissioner, Punjab and the State
Government.
40. Manner of giving notice of lock-out under sub-section (5) and
authority under sub-section (6) of section 62. – (1) The notice of lock-
sections 62(5), (6) and 99(2)(zn)
out referred to in sub-section (2) of section 62 shall be given by the
employer of an industrial establishment in Form-XVI to the President or
General Secretary of every registered trade union relating to such
industrial establishment endorsing a copy thereof to the concerned
conciliation officer, the Labour Commissioner, Punjab and the State
Government electronically. 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 receives from any
person employed by him any notice of strike as referred to in sub-
section (1) of section 62, then he shall within five days from the
date of receiving of such notice, intimate the same electronically to
the concerned conciliation officer and the Labour Commissioner,
Punjab.
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(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 the same to the concerned conciliation
officer and the Labour Commissioner, Punjab.
CHAPTER IX
LAY-OFF, RETRENCHMENT AND CLOUSURE
41. Manner of serving notice before retrenchment of the worker under
sections 70(c) and 99(2)(zo) clause (c) of section 70.- If any employer desires to retrench any worker
employed in his industrial establishment who has been in continuous service
for not less than one year under him, then, such employer shall give notice
of such retrenchment in Form-XVII to the State Government, the
Labour Commissioner, Punjab and the concerned officer of the area
jurisdiction, through e-mail or, by registered or speed post.
42. Manner of giving an opportunity for re-employment to the
sections 72(2) and 99(2)(zp) retrenched workers under Section 72.- Where any vacancy occurs in an
industrial establishment and there are workers of such industrial
establishment retrenched within one year prior to the proposal for filling
up such vacancy, then, the employer of such industrial establishment
shall offer an opportunity at least 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.
43. Manner of serving notice by the employer for intended closure under
sections74(1) and 99(2)(zq) sub-section (1) of section 74.— If an employer intends to close down an
industrial establishment, he shall give notice of such closure in Form-XVII
to the State Government, the Labour Commissioner, Punjab and the concerned
officer of the area jurisdiction, by e-mail or registered post or speed post.
CHAPTER X
SPECIAL PROVISIONS RELATING TO LAY-OFF, RETRENCHMENT
AND CLOSURE IN CERTAIN ESTABLISHMENTS
44. Manner of making application to the State Government by the
sections 78(2) and 99(2)(zr) 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 (1) of section 78 shall be made by the 264
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employer in Form-XVIII 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.
45. Manner for applying for permission from the State Government to
sections 78(3) and 99(2)(zs) continue the lay-off under sub-section (3) of section 78.-The employer
shall in case of an industrial establishment being a mine specified in sub-
section (3) of section 78 where the workers (other than Badli workers
or casual workers) have been laid-off under sub-section (1) of section
78 for reasons of fire, flood or excess of inflammable gas or explosion,
within a period of thirty days from the date of commencement of such
lay-off, apply to the State Government electronically and by registered
or speed post with a copy to the Labour Commissioner, Punjab and the
concerned officer of the area jurisdiction,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.
46. Time-limit for review under sub-section (7) of section 78.-The State
sections 78(7) and 99(2)(zt)
Government may, either on its own motion or on the application made
by the employer or any worker, review its order granting or refusing to
grant permission under sub-section (4) of the section 78 within a period
of thirty days from the date on which such order is made.
47. Manner of making application to the State Government by the
sections 79(2) and 99(2)(zu)
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-XVIII 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.
48. Time-limit for review under sub-section (6) of section 79.-The State
sections 79(6) and 99(2)(zv)
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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.
49. Manner of making application to the State Government by the
sections 80(1) and 99(2)(zw) 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-XVIII for prior permission at
least ninety days before the date on which intended closure is to
become effective to the State Government, stating clearly therein the
reasons for the intended closure of the industrial establishment and
simultaneously a copy of such application shall also be sent to the representatives
of the workers electronically and by registered post or speed post.
50. Time-limit for review under sub-section (5) of section 80.- The State
sections 80(5) and 99(2)(zx) Government may, either on its own motion or on the application made
by the employer or any worker, review its order granting or refusing to
grant permission under sub-section (2) of section 80 within a period of
thirty days from the date on which such order is made.
CHAPTER XI
WORKER RE-SKILLING FUND
51. Manner of utilization of fund under sub-section (3) of section 83.-
sections 83(3) and 99(2)(zz) 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
Department of Labour, Government of Punjab and the Labour
Commissioner, Punjab) to be maintained by the State Government. The
fund so received shall be transferred by the State Government to each
worker or workers' account electronically within 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 State Government to
transfer the amount in their respective account.
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CHAPTER XII
OFFENCES AND PENALTIES
52. Manner of composition of offence by a Gazetted Officer specified
under sub-section (1) of section 89 and the manner of making application
sections 89(1),(4) and 99(2)(zza)
for the compounding of an offence specified under sub-section (4) of
section 89.- (1) The officer notified by the State Government for the
purposes of compounding of offences under sub-section (1) of section 89
(hereinafter referred to as the compounding officer), 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 to
the accused in Form XIX consisting of three parts. In Part I of such
Form, the compounding officer shall inter-alia specify the name of the
offender and his other particulars, the details of the offence and in
which section the offence has been committed, the compounding amount
required to be paid towards the composition of the offence. Part II of
the Form shall specify the consequences, if the offence is not compounded
and Part III of the Form shall contain the application to be filed by the
accused, if he desires to compound the offence. Each notice shall have
a continuous unique number containing alphabets or numeric and other
details such as officer sending notice, year, place, type of inspection for the
purpose of easy identification.
(2) The accused to whom the notice referred to in sub-rule (1) is
served, may send the Part III of the Form duly filled by him to
the compounding officer electronically and deposit the compounding
amount electronically, within fifteen days of the receipt of the
notice, in the account specified by the compounding officer in the
notice.
(3) Where the prosecution has already been instituted against the
accused in the competent Court, he may make an application to
the Court to compound the offence against him and the Court,
after considering the application, may allow composition of the
offence by the compounding officer in accordance with provisions
of section 89.
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(4) If the accused complies with the requirement of sub-rule (2), the
compounding officer shall compound the offence for the amount of
money deposited by the accused and-
(a) if the offence is compounded before the prosecution, then no
complaint for prosecution shall be instituted against the accused;
and
(b) if the offence is compounded after institution of prosecution under
sub-rule (3) with the permission of the Court, then, the compounding
officer shall treat the case as closed as if no prosecution had been
launched and will proceed in accordance with composition under
clause (a) and intimate the composition of offence to the competent
Court in which the prosecution is pending and after receiving such
intimation, the Court shall discharge the accused and close the
prosecution.
(5) The compounding officer shall exercise the powers to compound
the offence under this rule, subject to the direction, control and
supervision of the State Government.
CHAPTER XIII
MISCELLNEOUS
53. Manner of making complaint by an aggrieved worker under section
91.- (1) Every complaint under section 91 shall be made electronically
sections 91 and 99(2)(zzc) and by registered post or speed post in Form –XX 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.
54. Manner of authorization of worker for representing in any
proceeding under sub-section (1) of section 94.-Where the worker is not
sections 91 and 99(2)(zzd) 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 268
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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-IV.
55. Manner of authorization of employer for representing in any
proceeding under sub-section (2) of section 94.- Where the employer, is
sections 94(2) and 99(2)(zze)
not a member of any association of employers, may authorize in Form-
IV 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.
56. Manner of holding an enquiry under sub-section (1) of section 85.-
section 85
(1) Complaint— On receipt of a complaint of the offence committed
under sub-sections (3), (5), (7), (8), (9), (10), (11) and (20) of section
86 and sub-section (7) of section 89, the same shall be enquired by an
officer not below the rank of the Labour Commissioner, Punjab or any
other Gazetted Officer authorized in this behalf under sub-section (1) of
section 85 (hereinafter referred to as the enquiry officer).
(2) Issue of Notice— If the complaint filed is admitted by the enquiry
officer, he shall call upon the person or persons through a notice
to be sent electronically to appear before him on a specified date
together with all relevant documents and witnesses, if any, and
shall inform the complainant of the date so specified.
(3) If the person or his representative fails to appear on the specified
date, the enquiry officer may proceed to hear and determine the
complaint ex-parte.
(4) If the complainant fails to appear on the specified date without any
intimation to the enquiry officer on two consecutive dates, the
complaint may be dismissed:
Provided that not more than three adjournments may be given
on the joint application made by complainant and the opposite party:
Provided further that the enquiry officer shall, at his discretion,
permit hearing the parties or any of the party, as the case may be,
through video conferencing.
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(5) Authorization —The authorization to appear on behalf of any
person, under section sub-section (2) of section 85 shall be given
by a certificate or electronic certificate, as the case may be, which
shall be presented to the enquiry officer during the hearing of the
complaint and shall form part of the record.
(6) Permission to appear —Any person who intends to appear in the
proceeding on behalf of complainant shall present before the
enquiry officer and submit a brief written statement explaining the
reason for his appearance. The enquiry officer shall record an
order on the statement and in the case of refusal, shall include
reasons for the same, and incorporate it in the record.
(7) Presentation of documents.—Complaint or other documents relevant
to the complaint may be presented in person to the enquiry officer
at any time during hours fixed by the enquiry officer, or may be
sent to him electronically or by registered post or speed post.
(8) The enquiry officer shall endorse, or cause to be endorsed, on
each document the date of the presentation or receipt, as the case
may be. If the documents have been submitted electronically, no
such endorsement shall be necessary.
(9) Refusal to entertain complaint —(i) the enquiry officer may refuse
to entertain a complaint presented under sub-section (1) of section 85
if after giving the complainant an opportunity of being heard, the
enquiry officer is satisfied, for reasons to be recorded in writing that—
(a) the complainant is not entitled to present the complaint; or
(b) the complainant is barred by limitation under the provisions of this Code; or
(c) the complainant fails to comply the directions given by the
enquiry officer under sub-section (2) of section 85.
(ii) the enquiry officer may refuse to entertain complaint which is
otherwise incomplete. He may ask complainant to rectify the
defects and if the enquiry officer thinks that the complaint cannot
be rectified, he may return the complaint indicating the defects and,
if he, so refuses shall return it at once indicating the defects. If the
complaint is presented again, after the defects have been rectified,
the date of representation shall be deemed to be the date of
presentation for the purpose of sub-section (1) of section 85.
270
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(10) Record of proceedings— The enquiry officer shall in all cases
mention the particulars at the time of passing of order containing
the details, i.e., date of complaint, name and address of the
complainant, name and address of the opposite party or parties,
section-wise details of the offence committed, plea of the opposite
party, findings and brief statement of the reason and penalty
imposed with signature, date and place.
(11) Exercise of powers.—In exercise of the powers of a Civil Court,
conferred under the Code of Civil Procedure, 1908, the enquiry
officer shall be guided in respect of procedure by relevant orders
of the First Schedule of the Code of Civil Procedure, 1908, with
such alterations as the enquiry officer may find necessary, not
affecting their substance, for adapting them to the matter before
him, and save where they conflict with the express provisions of
the Code or these rules.
(12) Order or direction when to be made.— The enquiry officer, after
the case has been heard, shall make the order or direction on a
future date to be fixed for this purpose.
(13) Inspection of documents.— Any person, who is either a complainant
or an opposite party or his representative, or any person permitted
under sub-rule (3) shall be entitled to inspect any complaint, or any other
document filed with the enquiry officer be, in a case to which he is a party.
57. Collection of statistics :- The employer shall submit the details of
sections 99(9) and 99(2)(zzf)
strike, lock-out, lay-off, retrenchment and closure statistics required
under these rules electronically in Form XXI and manner from time to
time to the State Government as well as to the Office of Director
General, Labour Bureau.
58. Repeal and savings - The Industrial Disputes (Punjab) Rules, 1958,
the Industrial Employment (Standing Orders) Punjab Rules, 1978 and the
sections 143(2) and 99(2)(zzf)
Punjab Trade Union Regulations, 1927 are hereby repealed:
Provided that any order issued or any action taken under the
aforesaid rules and regulations so repealed, shall be deemed to have been
issued or taken under the corresponding provisions of these rules.
*** PUNJAB GOVT. GAZ., MARCH 12, 2021
271
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FORM I
(See rule 3)
(Memorandum of settlement arrived at during conciliation/ or settlement
arrived at between the employer and his workers otherwise than in the
course of conciliation proceeding)
Names of Parties:
……………………………......….……………. Representing employer(s);
…………………………….……..........………. Representing workers;
Short recital of the case
………………………………………………………..
Terms of settlement
……………………………………………………….
Signature of the parties
Witnesses:
(1)
(2)
*Signature of Conciliation Officer
In case the settlement arrived at between the employer and his workers
otherwise than in the course of conciliation proceeding the copy of the
memorandum shall be marked to the concerned Assistant Labour
Commissioner/Labour-cum-Conciliation Officer.
272
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FORM II
(See rule 8)
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.
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To
The Registrar,
Trade Unions, Punjab.
Schedule I
List of Officers
Serial No. Title Name Age Address Occupation
Note. - Enter in this schedule the name of all members of the
executive of the Union, showing in column 1 the names of
any posts held by them (e.g. President, Secretary including
the General Secretary, Treasurer, etc.) in addition to their
[office bearers] a members of the executive.
Schedule II
The numbers of the rules making provision for the several matters
detailed in column 1 are given in column 2 below :-
Serial Matter
Number of rules
No.
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 274
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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 -
____________________ Unpaid subscriptions due
____________________ Loans to -
Other Liabilities (to be specified) _______________________
____________________ _______________________
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.
3.
4.
5.
6.
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FORM III
{See rule 10 (1) }
Register of Trade Unions
| Serial No. | Officer | ||||||
| Name of Union | Year of entering office | N a m e Age | on entry | Address | Occupation Year of | relinquishing office | Other offices held in addition to membership of Executive with dates |
| Address of Head Office | |||||||
| Date of Registration | |||||||
Number of application form
| 1. | |||||||
| 2. | |||||||
| 3. | |||||||
| 4. | |||||||
| 5. | |||||||
| 6. | |||||||
| 7. |
276
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FORM IV
{See rule 10 (2) }
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' PUNJAB GOVT. GAZ., MARCH 12, 2021
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FORM V
{ See rule 13 (1) }
Notice of change of Name
Name of the Trade Union already Registered:
Registration Number:-
Dated _________________day of _________________ 20
To
The Registrar,
Trade Unions, Punjab.
Notice is hereby given that the provision of section 24 of the
industrial Relations code, 2020 have been complied with name of above
mentioned trade Union has been changed to _________________________.
The consent of members was obtained by
(Signed)
1. Secretary (office bearers)
2. Members
3.
4.
5.
6.
7.
278
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FORM VI
{See rule 13 (2) }
Notice of Amalgamation of Trade Unions
A. Name of the Trade Union:
Registration Number:-
B. Name of the Trade Union:
Registration Number:-
Dated _________________day of _________________ 20
To
The Registrar,
Trade Unions, Punjab.
Notice is hereby given that in accordance with the requirement of
Section 24 of the above-mentioned Act the members of each (or every
one) of the above mentioned Trade Unions have resolved to become
amalgamated together as one Trade Union And that the following are the
terms of the said amalgamation (state the terms). And that it is intended that
the Trade Union shall henceforth be called the_______________________
accompanying this notice is a copy of the rules intended to be
henceforth adopted by the Amalgamated Trade Union which are the rules
(if so) of the Union.
(To be signed by seven members and the secretary of each Trade union)
The consent of members was obtained by
Name and address (Signed) 1. Secretary (office bearers)
To which registered 2. Members
Copy is to be sent 3.
4.
5.
6.
7.
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8.
FORM VII
(See rule 14)
Notice of Dissolution of a Trade Union
Name of the Trade Union already Registered:
Registration Number:-
Dated _________________day of _________________ 20
To
The Registrar,
Trade Unions, Punjab.
Notice is hereby given that the above mentioned Trade Union was
dissolved in pursuance of the rules thereof, on the _________________day
of _________________ 20
We have been duly authorized by the union to forward this notice
on its behalf, such authorization consisting of resolutions passed at a
General meeting on _________________day of _________________ 20
The consent of members was obtained by
1. Secretary (office bearers)
(Signed)
2. Members
3.
4.
5.
6.
7.
8.
280
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FORM VIII
(See rule 16)
(Form for Trade Union)
Annual Returns Prescribed Under Section 26(1)(a) of the Industrial
Relations Code, 2020, For The Year Ending 31st [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 despatch
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.
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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 lis
below
Un-paid subscription
due for -
*(a) the year
*(b) previous year
Loans to -
(a) Officers
(b) members
(c) others
Debts due to -
Immovable property
Other liabilities (to be Goods and Furniture
specified)
Other assets (to be
specified)
Total liabilities Total liabilities 282
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List of Securities
Particulars Face Value Cost Price Market price In hands of
at date on
which accounts
have been made
up
GENERAL FUND ACCOUNT
Treasure
Income Expenditure
Rs. Ps. Rs. Ps.
Balance at the beginning Salaries, allowance and
of the year expenses of Officers
Subscription from Travelling allowance,
members (including salaries, allowances
unpaid subscriptions and expenses of
due for the year) establishment
Auditors' fee
Legal expenses
(a) Subscriptions Expenses in conducting
received trade disputes
(b) Subscription in arrears Compensation paid to
for three months or less members for loss arising out
of trade disputes
(c) Subscription in arrears Funeral, old age, sickness,
for more than three months unemployment benefits etc.
Educational, Social and
religious benefits
Donations Cost of publishing periodicals
Sale of periodicals, books,
rules, etc.
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Interest on investments Rents, rates and taxes,
Income from Miscellaneous Stationery, Printing and postage
sources (to be specified) Expenses incurred under section
15 of the Industrial Relations
Code, 2020 (to be specified)
Other expenses (to be specified)
Balance at the end of year
Total Total at
Political Fund Account
Rs. Ps. Rs. Ps.
Balance at the Payments made on
beginning of year objects specified in
section 15 of the
Industrial Relations
Code, 2020 (to be
specified)
Contribution from members Expenses of
at ................... per member management (to be
fully specified)
Balance at end of year 284
PUNJAB GOVT. GAZ., MARCH 12, 2021
(PHGN 21, 1942 SAKA)
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.
Auditor
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 Private Personal Title or Date on Other offices
birth address occupation position which held in
held in appointment addition to
the Trade in column 5 membership
Union was taken up of executive
with date
1 2 3 4 5 6 7
Elections
Date of last election of Date of next election of
officer bearers ______ office bearers __________
President or General Secretary PUNJAB GOVT. GAZ., MARCH 12, 2021
285
(PHGN 21, 1942 SAKA)
FORM IX
{See rule 22 (1) }
Register of Membership and Subscription
Subscription paid in
Serial Name Name of the Date of Rate of April May June July August
No. of the establishment Enrolment subscription
member in which
employed
the month of
September October November December January February March
Total Subscription for the year Date on which membership ceased Remarks 286
PUNJAB GOVT. GAZ., MARCH 12, 2021
(PHGN 21, 1942 SAKA)
FORM X
(See rule 32)
(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 Assistant Labour Commissioner/Labour-cum-
Conciliation Officer.
Signature.....................
Designation .................
PUNJAB GOVT. GAZ., MARCH 12, 2021
287
(PHGN 21, 1942 SAKA)
FORM XI
(See rule 33)
(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 on us.
The arbitrator (s) shall make his (their) award within a period
of........................(here specify the period agreed upon by the parties)
from the date of publication of this agreement in the Official Gazette by
the state Government or within such further time as is extended by
mutual agreement between us in writing. In case, the award is not made
within the period afore mentioned, the reference to the arbitration shall stand
automatically cancelled and we shall be free to negotiate for fresh arbitrator.
Signature of the parties Representing employer/Representing worker/workers.
Witnesses
1. ..................................
2. ..................................
Copy to:
(i) The Conciliation Officer [here enter office address of the Conciliation
Officer for the area concerned]. .
(ii) The Principle Secretary to the Government of Punjab, Department of Labour.
(iii) The Labour Commissioner, Punjab.
288
PUNJAB GOVT. GAZ., MARCH 12, 2021
(PHGN 21, 1942 SAKA)
FORM XII
(See rule 35, rule 54 and rule 55)
(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 authorise 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 PUNJAB GOVT. GAZ., MARCH 12, 2021
289
(PHGN 21, 1942 SAKA)
FORM XIII
(See sub-rule 21 of rule 36 and sub- rule 21 of rule 37)
Form of Oath of Office for Judicial Member or Administrative
Member (whichever is applicable) of Industrial Tribunal
I, A, B., 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)
Place:
Date:
290
PUNJAB GOVT. GAZ., MARCH 12, 2021
(PHGN 21, 1942 SAKA)
FORM XIV
(See Sub-rule 5 of rule 38)
(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 .........
PUNJAB GOVT. GAZ., MARCH 12, 2021
291
(PHGN 21, 1942 SAKA)
Form XV
(See rule 39)
(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 held
on.......................(date),
vide resolution attached.]
ANNEXURE
Statement of the Case.
Copy to;
1) Assistant Labour Commissioner/Labour-cum-Conciliation Officer of the
concerned area.
2) Labour Commissioner, Punjab.
292
PUNJAB GOVT. GAZ., MARCH 12, 2021
(PHGN 21, 1942 SAKA)
FORM XVI
(See rule 40)
(Notice of Lock-out to be given by an employer of an industrial
establishment)
Name
of
employer..........................................................................................................
Address..........................................................................................................................
Dated the...............day of................20...................
In accordance with the provisions of 62(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
1. Statement of reasons
Copy forwarded to:
(1) The President or General Secretary of the Registered Union, if any
(2) Conciliation officer .......... [Here enter office address of the
Assistant Labour Commissioner/Labour-cum-Conciliation Officer of
the concerned area.]
(3) Labour Commissioner, Punjab
(4) The Principle Secretary to the Government of Punjab, Department
of Labour.
PUNJAB GOVT. GAZ., MARCH 12, 2021
293
(PHGN 21, 1942 SAKA)
Form XVII
(See sub-section (c) of section 70, rule 41 and rule 43)
(Notice of Intimation of Retrenchment/Closure to be given by an
employer to the State Government)
[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 or Employer..........................
Address..........................................................................................................................
Dated .............(DD/MM/YYYY).
To,
The Principle Secretary,
Government of Punjab,
Department of Labour, Punjab.
Sir,
Part I
(Retrenchment)
1. Under clause (a) of section 70 of the Industrial Relation Code,
2020, I/ wehereby 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 month's 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…………..
294
PUNJAB GOVT. GAZ., MARCH 12, 2021
(PHGN 21, 1942 SAKA)
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/Authorised 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 Commissoner, Punjab (Only for statistical
purpose)
2. Assistant Labour Commissioner/Labour -cum-Conciliation Officer of
the concerned area PUNJAB GOVT. GAZ., MARCH 12, 2021
295
(PHGN 21, 1942 SAKA)
FORM XVIII
(See rule 44, rule 47 and rule 49)
[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, 2020 applies]
To,
The Principle Secretary,
Government of Punjab,
Department of Labour, Punjab.
Sir,
*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 296
PUNJAB GOVT. GAZ., MARCH 12, 2021
(PHGN 21, 1942 SAKA)
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 )
ANNEXURE I
Total no. Unskilled Semi-skilled Skilled Highly skilled of workers/ (total no. of (total no. of (total no. of (total no. of of to be workers/to be workers/to workers/to workers/to retrenched) retrenched) retrenched) 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— Indicate the
(i) Whether State Public sector/State public sector/Foreign status of the
majority company/joint sector company, etc., (In case of company
foreign holding company then indicate the extent of foreign
holding)
(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 PUNJAB GOVT. GAZ., MARCH 12, 2021
297
(PHGN 21, 1942 SAKA)
4. (a) *Names and identification number of the affected The
workers proposed to be laid-off/retrenched/to be affected identification
by closure.
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 To be
last three years.
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, Punjab.
298
PUNJAB GOVT. GAZ., MARCH 12, 2021
(PHGN 21, 1942 SAKA)
FORM XIX
{See rule 52 (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,
alongwith an application dully filled in part – III of this notice.
In case you fail to deposit the said amount within the specified
time, no further opportunity shall be given and necessary direction for
filing of prosecution under section ----- shall be issued.
(Signature of the Compounding Officer)
Date:
Place:
PUNJAB GOVT. GAZ., MARCH 12, 2021
299
(PHGN 21, 1942 SAKA)
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:
PUNJAB GOVT. GAZ., MARCH 12, 2021
300
(PHGN 21, 1942 SAKA)
FORM XX
{See rule 53(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 Complainant(s) PUNJAB GOVT. GAZ., MARCH 12, 2021
301
(PHGN 21, 1942 SAKA)
Verification
I do solemnly declare that what is stated in paragraph.......... above is
true to my
Knowledge and that what is stated in paragraphs........ above is stated
upon information received and believed by me to be true. This
verification is signed by me at.................... on ............day
of....................20.....................
Signature or Thumb impression of the person verifying
[F.No. ……….………..]
V.K. JANJUA,
Additional Chief Secretary to Government of Punjab,
Department of Labour.