Ex-III 1(a)-(215)

[ 1 ]

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2022

[Price: Rs. 22.40 Paise.

No. 215]

CHENNAI, MONDAY, APRIL 11, 2022

Panguni 28, Pilava, Thiruvalluvar Aandu–2053

Part III—Section 1(a)

General Statutory Rules, Notifications, Orders, Regulations, etc.,

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

LABOUR WELFARE AND SKILL DEVELOPMENT DEPARTMENT

INDUSTRIAL RELATIONS (TAMIL NADU) RULES, 2022

[G.O. Ms. No. 37, Labour Welfare and Skill Development (H2), 11th April 2022,

2053.]

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

The following draft rules, which the Government of Tamil Nadu proposes to make in exercise of the powers conferred

by section 99 of the Industrial Relations Code, 2020 (Central Act 35 of 2020) read with section 24 of the General Clauses Act,

1897 (Central Act 10 of 1897) and in supersession of –

(i) The Tamil Nadu Trade Unions Regulations, 1927;

(ii) The Tamil Nadu Industrial Employment (Standing Orders) Rules, 1947; and

(iii) The Tamil Nadu Industrial Disputes Rules, 1958,

except as respects things done or omitted to be done before such supersession, are hereby notiﬁ ed, as required by sub-

section (1) of the said section 99, for information of all persons likely to be aﬀ ected thereby and the notice is hereby given that

the said draft notiﬁ cation will be taken into consideration after the expiry of a period of forty ﬁ ve days from the date on which

the copies of the Tamil Nadu Government Gazette in which this notiﬁ cation is published are made available to the public;

Objections and suggestions, if any, may be addressed to the Secretary to Government, Labour Welfare and

Skill Development Department, Fort St. George, Chennai – 600 009 through the Commissioner of Labour, DMS Campus,

Chennai – 600 006 or by e-mail - [email protected]. The objection or suggestion should be sent in a proforma containing

columns (i) specifying the name and address of the persons and organisations (ii) specifying the rule or sub-rule which is

proposed to be modiﬁ ed and (iii) specifying the revised rule or sub-rule proposed to be substituted and the reasons therefor;

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

notiﬁ cation before the expiry of the period speciﬁ ed above, will be considered by the Government of Tamil Nadu.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

INDUSTRIAL RELATIONS (TAMIL NADU) RULES, 2022

Chapter - I

Preliminary

Short title, application and commencement.-

(i) These rules may be called the Industrial Relations (Tamil Nadu ) Rules, 2022.

(ii)

They extend to whole of the State of Tamil Nadu.

(iii) They shall come into force after the date of their publication in the Tamil Nadu Government Gazette.

Deﬁ nition.- (1) In these rules, unless the context otherwise requires,-

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

(b) “Form” means a Form appended to these rules;

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

(e) “electronically” means any information submitted by email or uploading on the designated portal or digital

payment in any mode for the purpose of the Code.

(2) The words and expressions used in these rules which are not deﬁ ned therein, but are deﬁ ned in the Code, shall

have their respective meaning assigned to them in the Code.

Written Agreement for the settlement under clause (zi) of section 2.- The agreement made between the employer

and worker shall be speciﬁ ed in Form-I and shall be signed by the parties in the agreement and a copy thereof shall be sent

to the Conciliation Oﬃ cer concerned.

Chapter II

Bi-partite Forums

Constitution of Works Committee under section 3.- (1) Every employer to whom an order made under sub-section

(1) of section 3 of the Code relates, shall forthwith proceed to constitute a Works Committee in the manner hereinafter provided.

(2) The number of members constituting the Works Committee shall be so ﬁ xed, as to aﬀ ord 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 workers in the Works Committee shall not be less than the

number of representatives of the employer therein:

Provided also that there shall be adequate representation for women workers in the Works Committee.

(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 be oﬃ cials in direct touch with, or associated with, the working of the industrial establishment.

(4) (a) Where workers of an industrial establishment are members of a registered Trade Union, the employer shall ask

such Trade Union to inform him in writing as to –

(i)

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

(ii)

how their membership is distributed among the sections, shops or departments of the industrial establishment;

(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 Jurisdictional Conciliation Oﬃ cer, who

shall, after hearing the parties, decide the matter and his decision shall be ﬁ nal.

(5) On receipt of the information called for under sub-rule (4), the employer shall provide for the selection of worker‘s

representative on the Works Committee as follows:-

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(a) Registered Trade Union may choose their representatives as members for the Works Committee in the proportion of

their membership; or

(b) Where there is no registered Trade Union, workers may choose amongst themselves representatives for the works

committee.

(6) (a) The Works Committee shall have, among its oﬃ ce-bearers, a Chairman, a Vice- Chairman, a Secretary and a

Joint Secretary. The Secretary and the Joint Secretary shall be elected every year;

(b) The Chairman shall be nominated by the employer from amongst the employer‘s representatives on the Works

Committee and he shall, as far as possible, be the head of the industrial establishment;

themselves:

Provided that in the event of equality of votes in the election of the Vice- Chairman, the matter shall be decided by draw

of a lot;

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

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

be elected from amongst the representatives of the workers and vice versa:

Provided further that the post of the Secretary or the Joint Secretary, as the case may be, shall not be held by a representative

of the employers or the workers for two consecutive years:

Provided also that the representatives of the employers shall not take part in the election of the Secretary or Joint Secretary,

as the case may be, from amongst the representatives of the workers and only the representatives of the workers shall be

entitled to vote in such elections.

(e) In any election under clause (d), in the event of equality of votes, the matter shall be decided by a draw of lot.

(7) (a) The term of oﬃ ce of the representatives on the Works Committee other than a member chosen to ﬁ ll a casual

vacancy shall be two years;

(b) A member chosen to ﬁ ll a casual vacancy shall hold oﬃ ce for the unexpired term of his predecessor; and

Committee shall cease to be a member of the Committee.

(8) In the event of worker‘s representative ceasing to be a member under clause (c) of sub-rule (7) or ceasing to be

employed in the establishment or in the event of his resignation, death or otherwise, his successor shall be chosen in accordance

with the provisions of this rule from the same group to which the member belonged.

(9) The Works Committee shall have the right to co-opt in a consultative capacity, persons employed in the industrial

establishment having particular or special knowledge of a matter under discussion. Such co-opted member shall not be entitled

to vote and shall be present at meetings only for the period during which the particular question is before the Works Committee.

(10) (a) The Works Committee may meet as often as necessary;

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

(11) (a) The employer shall provide accommodation for holding meetings of the Works Committee. He shall also provide

necessary facilities to the Works Committee and to the members thereof for carrying out the functions 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 workers 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.

Manner of choosing members from the employers and the workers for Grievance Redressal Committee under sub-

section (2) of section 4.- (1) The Grievance Redressal Committee shall consist of equal number of members representing the

employer and the workers, which shall not exceed ten.

(2) The representatives of the employer shall be nominated by the employer and shall be oﬃ cials in direct touch with

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

establishment.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) The representatives of the workers shall be chosen by the registered Trade Union. In case where there is no registered

Trade Union, the member may be chosen by the workers of the industrial establishment:

Provided that there shall be adequate representation of women workers in the Grievance Redressal Committee and such

representation shall not be less than the proportion of women workers to the total workers employed in the industrial establishment:

Provided further that the tenure of the members of the Grievance Redressal Committee shall be co-terminus with the tenure

of the members of the registered trade union:

Provided also that in the absence of a registered Trade Union, the tenure of members of the Grievance Redressal Committee

shall be for a period of two years from the date of the constitution of the Committee.

(4) (a) Where workers of an industrial establishment are members of a registered Trade Union, the employer shall ask

such Trade Union to inform him in writing as to –

(i)

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

(ii)

how their membership is distributed among the sections, shops or departments of the industrial establishment;

(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 Jurisdictional Conciliation oﬃ cer, who

shall, after hearing the parties, shall decide the matter and his decision shall be ﬁ nal.

(5) On receipt of the information called for under sub-rule (4), the employer shall provide for the selection of worker‘s

representative on the Grievance Redressal Committee as follows:-

(a) registered Trade Union may choose their representatives as members for Committee in proportion to their membership;

(b) such of the workers, who are not members of the registered Trade Union, may choose amongst themselves representatives

for the Committee.

6. Application in respect of any dispute to be ﬁ led before the Grievance Redressal Committee by any aggrieved

worker under sub-section (5) of section 4.- Any aggrieved worker may ﬁ le an application stating his dispute therein before the

Grievance Redressal Committee giving his name, designation, employee Code, Department where posted, length of service in

years, category of worker, address for correspondence, contact number, details of grievances and relief sought. Such application

may be sent electronically or otherwise, within one year from the date on which the cause of action of such dispute arises.

7. Manner of filing application for the conciliation of grievance as against the decision of the Grievance

Redressal Committee to the Conciliation Officer under sub-section (8) of section 4.- Any worker who is

aggrieved by the decision of the Grievance Redressal Committee or whose grievance is not resolved by the said

Committee within thirty days of receipt of the application, may file an application electronically or otherwise to

the jurisdictional Conciliation Officer within a period of sixty days from the date of communication of the decision

of the Grievance Redressal Committee or from the date on which the aforesaid period of thirty days expires, as

the case may be, to the Conciliation Oﬃ cer through the Trade Union, of which he is a member or otherwise:

Provided that in case of manual receipt of such application through registered post or speed post, the Conciliation Oﬃ cer

shall get the same digitised and enter the particulars of the applications in the online mechanism under intimation to the

concerned worker.

Chapter III

Trade Unions

Payment of subscription by members of the trade union and donation from such members and others under

clause (f) of section 7 and payment of subscription under sub-section (4) of section 15.- (1) On request of the Trade Union,

the employer may deduct the amount of subscription from the wages of the employee after obtaining their written consent. The

amount so deducted shall be construed as an authorised deduction under the clause (k) of sub-section (2) of section 18 of the

Code on Wages, 2019 (Central Act 29 of 2019).

(2) The payment of minimum subscription by members of the Trade Union shall be as provided under the rules of the

Trade Union approved by the Registrar but shall not be less than sixty rupees per annum or any higher amount as ﬁ xed by the

Government, from time to time.

Annual audit.- (1) The annual audit of the accounts of a registered Trade Union shall be conducted,-

(a) if the membership of the Trade Union exceeds 250 anytime during the ﬁ nancial year, by an auditor authorised to audit

the accounts of companies under section 141 of the Companies Act, 2013 (Central Act 18 of 2013);

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(b) if the membership of the Trade Union does not exceed 250 during the ﬁ nancial year, by any two members of the Trade

Union;

(2) Where the Trade Union is a federation of unions, its accounts shall be audited by an auditor authorised to audit the

accounts of companies under section 141 of the Companies Act, 2013 (Central Act 18 of 2013).

(3) Notwithstanding anything contained in this rule, no person who, at any time during the year, was entrusted with any

part of the funds or securities belonging to the Trade Union shall be eligible to audit the accounts of the Trade Union.

(4) The auditor appointed in accordance with these rules shall be given access to all the books of the Trade Union and

shall verify the annual return with the accounts and vouchers relating thereto and shall thereafter sign the auditor‘s declaration

appended to Form XI, indicating separately on that Form under his signature a statement showing in what respect he ﬁ nds 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 deﬁ ciency 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 but not brought to account by any person.

(5) Every registered Trade Union shall maintain the following books and registers to facilitate the audit of its accounts:—

(a) Applications for membership, register of membership and subscription in Form- II;

(b) Register of receipts and disbursements of the General Fund Account;

(d) Register of stock, tools and plant to show the furniture, ﬁ ttings and valuable documents relating to the immovable

property of the Trade Union;

(e) Machine-numbered subscription receipt book;

(f) Register of receipts and disbursements for the political fund (if there is a political fund); and

(g) a ﬁ le of vouchers.

(6) The audit of political fund of a registered Trade Union shall be carried out along with the audit of the general account

of the Trade Union and by the same auditor.

10. Application for registration of Trade Union.- (1) Application for registration of Trade Union shall be made in

Form-III either electronically or otherwise along with documents as required under section 8 of the Code to the Registrar having

jurisdiction.

(2) Every application for registration of a Trade Union under section 8 of the Code shall be accompanied by an aﬃ davit

in Form-IV, declaring that the provisions of the Code with respect to registration of Trade Union is strictly followed and will

be complied.

(3) The general statement of assets and liabilities shall be made as per Schedule III of Form- III.

11. Registration of Trade Union.- (1) On receipt of an application for registration of Trade Union, the Registrar after due

veriﬁ cation of information and particulars submitted with the application either by himself or through any other oﬃ cer authorised

by him and found proper, shall issue certiﬁ cate of registration in Form- V.

(2)

The Registrar shall dispose an application, for registration of a Trade Union either granting or refusing to grant

registration, within a period of forty ﬁ ve days from the date of receipt of such application.

(3)

The register of Trade Unions referred to in sub-section (1) and (3) of section 9 of the Code shall be maintained

in Form-VI.

12. Cancellation or withdrawal of registration.- (1) Every application for cancellation or withdrawal of registration under

clause (i) of sub-section (5) of section 9 shall be signed by the Secretary and seven or more members of the Trade Union,

and the seal of the Trade Union shall be aﬃ xed thereto. The application shall be sent to the Registrar in Form- VII either

electronically or otherwise.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) On receipt of an application for the cancellation or withdrawal of registration of a Trade Union, the Registrar, if he has

reason to believe that the applicants have not been duly authorised by such Union to make the same, may, for the purpose of

ascertaining the fact, require from the applicants such evidence as deemed necessary and examine any oﬃ ce-bearer of such

Union.

(3) The certiﬁ cate of registration issued to a Trade Union under sub-rule (1) of rule 11 shall be surrendered by the Secretary

of the Union when the Registrar decides to withdraw or cancel such certiﬁ cate under clause (i) or clause (ii) of sub-section (5)

of section 9.

13. Appeal to Tribunal.- Any appeal made under sub-section (1) of section 10 of the Code shall be ﬁ led within sixty days

from the date of the order against which the appeal is made to the Industrial Tribunal accompanied with a copy of the order of

the Registrar.

14. Sending of communication and notice under sub-section (1) and the manner to inform the Registrar under

sub-section (3) of section 11.- (1) All communications and notices to a registered Trade Union shall be sent by the Registrar,

either electronically or otherwise to the address of the head oﬃ ce of the Trade Union as entered in the register maintained by

the Registrar.

(2) All communications and notices by a registered Trade Union with respect to any change in any of the particulars of the Trade

Unions or it’s rules or membership shall be sent either electronically or otherwise to the Registrar to his oﬃ cial postal address or

e-mail address within thirty days from the date of such change.

15. Matters in an industrial establishment having registered Trade Union for negotiation with employer for the workers

employed in the industrial establishment under sub-section (1) of section 14. — The matters pertaining to workers which

the negotiating union or negotiating council shall negotiate with the employer of the industrial establishment under sub-section

(1) of section 14 are speciﬁ ed, as below, namely:-

(i)

classiﬁ cation of grades and categories of workers;

(ii)

order passed by an employer under the Standing Orders applicable in the industrial establishment;

(iii) wages of the workers including their wage period, dearness allowance, bonus, increment, customary concession

or privileges, compensatory and other allowances;

(iv) hours of work of the workers, their rest days, number of working days in a week, rest intervals, working of shifts;

(v) leave with wages and holidays;

(vi) promotion and transfer policy and disciplinary procedures;

(vii) quarters allotment policy for workers;

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

(ix) such other matter pertaining to conditions of service, terms of employment which are not covered in the foregoing

clauses; and

(x) any other matter which is agreed between employer of the industrial establishment and negotiating union or

council.

16. Criteria for recognising a single registered Trade Union of workers as sole negotiating Union of workers under

sub-section (2) of section 14.- Where there is only one registered Trade Union operating in an industrial establishment having

its members not less than thirty per cent of the total workers employed in the industrial establishment, then, the employer of

such industrial establishment shall recognise such Trade Union as the sole negotiating union of the workers.

17. Manner of veriﬁ cation of workers on the muster roll of industrial establishment under sub-sections (3) and (4) of

section 14.- (1) (a) The employer of the industrial establishment shall appoint a veriﬁ cation oﬃ cer for the purpose of veriﬁ cation

of membership of the Trade Unions in the industrial establishment, who shall be an independent oﬃ cer and shall not have any

interest with any of the Trade Union, whose membership veriﬁ cation is to be carried out.

(b) The veriﬁ cation oﬃ cer shall carry out the work of membership veriﬁ cation in the industrial establishment within a period

of three months as may be determined by the employer.

(2) The employer of an industrial establishment shall bear all expenses and make arrangements in connection with the

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

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(3) The Trade Unions which satisfy the following conditions, shall ﬁ rst submit an application to the employer of the industrial

establishment to accord status of negotiating union of the workers, namely:-

(i)

has a valid registration under the Trade Unions Act, 1926 (Central Act 16 of 1926) and continuing as such or has

the registration under the Code as the case may be; and

(ii)

the membership of the Trade Union be conﬁ ned to the particular industrial establishment only.

(4) (a) In case of negotiating union or council, as the case may be, has been constituted under the Code, the employer

of the industrial establishment shall initiate action before expiry of the tenure of the incumbent negotiating union or negotiating

council, as the case may be, suﬃ ciently in advance, but not later than three months before expiry of the tenure of the incumbent

negotiating union or negotiating council, as the case may be.

(b) The date of reckoning shall be ﬁ xed by the employer of an industrial establishment for the purpose of veriﬁ cation of

membership of the Trade Unions.

veriﬁ cation oﬃ cer.

(d) On receipt of the documents and records, the veriﬁ cation oﬃ cer shall scrutinize the records or documents submitted

by the Trade Union to ascertain the status of registration of Trade Union and related matters.

(e) The veriﬁ cation oﬃ cer shall hold meeting with the representative of the employer of industrial establishment and all

participating Trade Unions to decide about the process of veriﬁ cation of the membership of Trade Unions through secret ballot.

(f) The employer may, with the mutual agreement with the Trade Unions of the industrial establishment, deploy an electronic

process of conducting the election process over an information technology application, online platform or like other platform.

18. Veriﬁ cation of membership of Trade Unions through secret ballot (1) The veriﬁ cation oﬃ cer shall convene meeting

of representatives of all registered Trade Unions functioning in the industrial establishment at least sixty days before the date

of actual voting, to decide -

(a) publication of voters list;

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

(d) other modalities relating to secret ballot.

(2) The veriﬁ cation oﬃ cer shall cause the minutes of the meeting to be prepared and signed by all participating Trade

Unions. All participating Trade Unions shall be allotted symbols in the same meeting. If no decision could be taken regarding

date, time, mode of voting, place of voting, allotment of symbols, date, time and place of counting and like other matters in the

meeting, then, the decision of the veriﬁ cation oﬃ cer shall be ﬁ nal and he shall publish the schedule, programme and procedure

of such secret ballot.

(3) All workers whose names are borne on the industrial establishment on the date of reckoning, shall be eligible to cast

their voting.

(4) The voter list shall be prepared by the employer of the industrial establishment on the basis of names of the workers

borne on the muster roll referred to in sub-rule (3) and the voter list shall contain the name, father’s name, designation, Universal

Account Number (UAN), if any, and place of posting of the worker. The ﬁ nal voter list shall be published by the employer after

obtaining the approval of veriﬁ cation oﬃ cer and shall be displayed at notice board at the main entrance and website, if any,

of the industrial establishment. A copy of such voters list shall also be sent to the participating Trade Unions by hand or by

registered post or electronic mode.

(5) The veriﬁ cation oﬃ cer shall display the name of the participating Trade Unions with the symbol allotted to them on the

notice board at the main entrance and website, if any, of the industrial establishment within two days of ﬁ nalisation.

(6) The voting and counting of votes will be held on the date, time and place ﬁ xed by the veriﬁ cation oﬃ cer under the

supervision of the veriﬁ cation oﬃ cer and during the counting, agents of all participating Trade Unions shall be allowed to remain

present.

(7) After ﬁ nal counting of votes, the result shall be declared by the veriﬁ cation oﬃ cer. The result sheet shall contain the

names of all Trade Unions which participated in the election, total number of votes polled and the number of votes cast in favour

of each of the Trade Union which participated in the election.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

19. Veriﬁ cation report to the employer. – The veriﬁ cation oﬃ cer shall submit veriﬁ cation report with results of veriﬁ cation

of membership of the Trade Unions to the employer of industrial establishment.

20. Recognition of Trade Union as negotiating union or constituents of negotiating council. – On the basis of

veriﬁ cation report submitted by veriﬁ cation oﬃ cer, the employer of the industrial establishment shall grant recognition to Trade

Union as a negotiating union or constitute a negotiating council as per the provisions of sub-section (2) or sub-section (4), as

the case may be, of section 14 of the Code, which shall be valid for three years from the date of recognition of the negotiating

union or constitution of negotiating council or such further period not exceeding ﬁ ve years, in total, as may be mutually decided

by the employer and the negotiating union or negotiating council, as the case may be;

Provided that tenure of the negotiating union and the negotiating council shall be decided prior to holding of secret

ballot.

21. Facilities to be provided to negotiating union or negotiating council under sub-section (7) of section 14.- In an

industrial establishment, where there is a negotiating union or negotiating council, as the case may be, the employer of such

industrial establishment shall provide the following facilities to the negotiating union or negotiating council, as the case may be,

namely:-

(a) notice board for the purpose of displaying the information relating to activities of negotiating union or negotiating

council, as the case may be;

(b) venue and necessary facilities for holding discussions by the negotiating union or negotiating council, as the case

may be, as per schedule and agenda to be settled between employer of the industrial establishment and the negotiating union

or constituents of negotiating council, as the case may be;

of negotiating council, as the case may be;

(d) facility for entrance of the oﬃ ce bearers of the negotiating union or constituents of negotiating council, as the case

may be, in the industrial establishment for the purposes of ascertaining the matters relating to the working conditions of the

workers;

(e) employer to deduct subscription of the members of the Trade Unions on the basis of the written consent of the worker;

(f)

treating on duty of the employed oﬃ ce bearers of the negotiating union or constituents of negotiating council, as the

case may be, when the oﬃ ce bearers are holding meetings or discussing with the employer as per agreed schedule between

the employer and such oﬃ ce bearers;

(g) employer of an industrial establishment, having three hundred or more workers, shall provide suitable oﬃ ce accommodation

to the negotiating union or negotiating council, as the case may be.

22. Objects of General Fund and membership subscription.- The general funds of a registered Trade Union shall not

be spent on any other object other than the following, namely:—

(a) Payment of salaries, allowances and expenses to oﬃ ce-bearers of the Trade Union;

(b) Payment of expenses for the administration of the Trade Union, including audit of the accounts of the general funds

of the Trade Union;

such prosecution or defence is undertaken for the purpose of securing or protecting any right of the Trade Union as such or

any right arising out of the relations of any member with his employer or with a person whom the member employs;

(d) Conduct of trade disputes on behalf of the Trade Union or any member thereof;

(e) Compensation of members for loss arising out of trade disputes;

(f)

Allowances to members or their dependants on account of death, old age, sickness, accidents or unemployment of

such members;

(g) Issue of, or the undertaking of liability under, policies of assurance on the lives of members, or policies of insurance

of members against sickness, accident or unemployment;

(h) Provision of education, social or religious beneﬁ ts for members (including the payment of the expenses of funeral or

religious ceremonies for deceased members) or for the dependants of members;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(i)

Upkeep of a periodical published mainly for the purpose of discussing questions aﬀ ecting employers or workmen as

such;

(j)

Payment, in furtherance of any of the objects on which the general funds of the Trade Union may be spent, of

contributions to any cause intended to beneﬁ t workmen in general:

Provided that the expenditure in respect of such contributions in any ﬁ nancial year shall not at any time during that year

be in excess of one-fourth of the combined total of the gross income which has up to that time accrued to the general funds of

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

23. Objects of separate fund.- The separate fund of a registered Trade Union for promotion of civic or political interests

under sub-section (2) of section 15, shall be utilised for the following objects, namely :-

(a) Payment of any expenses incurred, either directly or indirectly, by a candidate or prospective candidate for election as

a member of any legislative body constituted under the constitution or of any local authority, before, during, or after the election

in connection with his candidature or election; or

(b) Holding of any meeting or the distribution of any literature or documents in support of any such candidate or prospective

candidate; or

authority; or

(d) Registration of electors or the election of a candidate for any legislative body constituted under the Constitution or for

any local authority; or

(e) Holding of political meetings of any kind, or the distribution of political literature or political documents of any kind.

24. Manner of making application for adjudication before the Tribunal under sub-section (1) of section 22.- Where

any dispute arises between –

(a) one Trade Union and another; or

(b) one or more workers who are members of Trade Union and the Trade Union regarding registration, administration or

management or election of oﬃ ce bearers of the Trade Union; or

(d) where the dispute is in respect of a Trade Union which is a federation of Trade Unions and the oﬃ ce bearer authorised

in this behalf by the Trade Union, then, the aggrieved person may make application to the Tribunal having jurisdiction, in

Form-VIII within a period of one year from the date on which the dispute arises, electronically or by registered post or by speed

post or in person.

25. Manner of amalgamation under sub-section (2) and manner of sending signed amalgamation to the Registrar

under sub-section (3) of section 24.- (1) Notice of every amalgamation shall be sent to the Registrar electronically or otherwise,

in duplicate in Form-IX and where the head oﬃ ce of the amalgamated Trade Union is situated in a diﬀ erent State the same

shall be sent to the Registrar of such State.

(2) The Registrar if he is satisﬁ ed that the provisions of the Code in respect of amalgamation have been complied with,

shall register the amalgamation and shall communicate the change in the name of the Trade Union, electronically or otherwise

to the Trade Union concerned.

26. Distribution of funds of the Trade Union on dissolution by Registrar.-

(1) Along with the notice of dissolution in Form-X under sub-section (1) of section 25 the certiﬁ cate of Registration of the

Trade Union shall be surrendered. On Registration of the dissolution of the Trade Union, the Registrar shall send an intimation

of the fact of such registration under his signature to the Secretary of the Trade Union.

(2) When the rules of the Trade Union do not provide for distribution of funds of the Trade Union on dissolution the

Registrar, shall divide the funds in proportion to the amounts contributed by the members on roll at the time of dissolution by way

of subscription to the several funds of the Trade Union during their membership. In the event of death of a member of a Trade

Union subsequent to the date of its dissolution but prior to the distribution of funds, the Registrar shall pay the sum payable to

the legal representative of such member.

27. Annual returns of the Trade Union.- (1) The annual returns to be furnished under clause (a) of sub-section (1) of

section 26 shall be submitted either electronically or otherwise to the Registrar in Form-XI by the Secretary of the Trade Union

on or before the 30th day of April in each year.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(2) Every Trade Union shall also submit such other particulars or information that may be required by the Registrar in

connection with the annual return and relating to matters aﬀ ecting the by-laws.

28. Manner and purpose of recognition of a Trade Union under sub-section (2) of section 27.- (1) In case a Trade

Union or a federation of Trade Unions, intends to be recognised as a State Trade Union, may make an application in Form XII

to the Government or an Oﬃ cer authorised by the Government in this regard.

(2) The Government or the authorised oﬃ cer, as the case may be, shall, after due enquiry, decide such application within

thirty days of its receipt and send copies of the decision to the applicant, the Commissioner of Labour and the Registrar.

(3) If any dispute arises in relation to such recognition, the Government or the authorised oﬃ cer shall refer the dispute to

the Tribunal. The Tribunal shall, after giving an opportunity of hearing to the applicant decide the appeal within forty ﬁ ve days

and the order shall be binding upon the parties.

Chapter IV

Standing Orders

29. Manner of forwarding information to Certifying Oﬃ cer under sub-section (3) of section 30.- (1) If the employer

adopts the model Standing Order of the Central Government referred to in section 29 with respect to matters relevant to his

industrial establishment or undertaking, then, he shall intimate the concerned certifying oﬃ cer electronically the speciﬁ c date

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

(2) On receipt of information under sub-rule (1), the Certifying Oﬃ cer within a period of thirty days from such receipt

shall require the employer to include provisions which are relevant to his establishment, if need be and indicate those relevant

provisions of the model Standing Orders which have not been adopted and shall also direct the employer to amend the Standing

Order so adopted, by way of addition, deletion or modiﬁ cation 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 Oﬃ cer seeks to get so amended and

such report shall be sent either electronically or otherwise by the employer.

(3) If no observation is made by the Certifying Oﬃ cer within a period of thirty days from the date of the receipt of the

information as speciﬁ ed in sub-rules (1) and (2), then, the Standing Order shall be deemed to have been adopted by the employer.

30. Manner of choosing representatives of workers of the industrial establishment or undertaking for issuing

notice by Certifying Oﬃ cer, where there is no Trade Union operating.– Where there is no such Trade Union as is referred

to in clause (ii) of sub-section (5) of section 30, then, the Certifying Oﬃ cer himself or any oﬃ cer authorised by him shall call

a meeting of the workers to choose three representatives, to whom he shall, upon their being chosen, forward a copy of the

Standing Order requiring objections, if any, which the workers may desire to make to the draft Standing Order to be submitted

within ﬁ fteen days from the date of receipt of the notice.

31. Manner of authentication of certiﬁ ed Standing Orders under sub-section (8) of section 30.- Standing Orders or

modiﬁ cation in the Standing Orders, certiﬁ ed 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 Oﬃ cer or the appellate authority,

as the case may be, and shall be sent either electronically or otherwise within a week to all concerned, but there shall not be

any requirement of certiﬁ cation in cases of deemed certiﬁ cation under sub-section (3) of section 30 and in cases where the

employer has certiﬁ ed adoption of model Standing Orders.

32. Statement to be accompanied with draft Standing Orders under sub-section (9) of section 30.- The statement

to be accompanied with.-

(i)

draft Standing Order shall contain, the particulars such as name of the industrial establishment or undertaking concerned,

address, e-mail address, contact number and strength and details of workers employed therein including particulars of Trade

Union to which such workers belong; and

(ii)

draft modiﬁ cation in the existing Standing Orders shall contain, the particulars of such Standing Orders which are

proposed to be modiﬁ ed along with a tabular statement containing details of each of the relevant provision of Standing Order

in force and proposed modiﬁ cation therein and reasons thereof and such statement shall be signed by a person authorised by

the industrial establishment or undertaking.

33. Conditions for submission of draft Standing Order in similar establishments under sub-section (10) of section

30.- A group of employers engaged in similar Industrial Establishments may submit a joint draft Standing Order under section

30 and for the purposes of proceedings speciﬁ ed in sub-sections (1), (5), (6), (8) and (9) thereof, after consultation with all the

concerned Trade Unions or negotiating union or negotiating council, if any:

Provided that the Joint draft Standing Order, shall be drafted and submitted to the Commissioner of Labour who shall,

in consultation with the Certifying Oﬃ cer concerned, certify or refuse to certify the joint draft Standing Order, after recording

reasons thereof.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

34. Manner of disposal of appeal by appellate authority under section 32.- (1) An employer or Trade Union or negotiating

union desirous of preferring an appeal against the order of the certifying oﬃ cer given under sub-section (5) of section 30 shall,

within sixty days of the receipt of such order, draw up a memorandum of appeal in a tabular form stating therein the provisions

of the Standing Orders which are required to be modiﬁ ed or deleted or added and reasons thereof and shall be ﬁ led either

electronically or otherwise to the appellate authority.

(2) Where the appellate authority does not conﬁ rm the Standing Orders, he shall ﬁ x a date for the hearing of the appeal

and direct notice thereof to be given –

(a) where the appeal is ﬁ led by the employer or a worker, to the Trade Union of the workers of the industrial establishment

or to the representative body of the workers concerned or to the employer, as the case may be;

(b) where the appeal is ﬁ led 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 ﬁ led by the representative of the workers, to the employer and any other worker whom the appellate

authority includes as a party to the appeal.

(3) The appellant shall furnish each of the respondents with a copy of the memorandum of appeal.

(4) The appellate authority may, at any stage of the proceeding, call for any evidence, if it considers necessary for the

disposal of the appeal.

(5) On the date ﬁ xed 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.

(6) The appellate authority shall pass an order within sixty days from the date of the ﬁ ling of appeal, either conﬁ rming the

Standing Orders or directing the employer to modify the Standing Orders.

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

The Standing Order ﬁ nally certiﬁ ed by Certifying Oﬃ cer shall be sent electronically except in the case of deemed certiﬁ cation

under section 30.

(2) The text of the Standing Order as ﬁ nally certiﬁ ed or deemed to have been certiﬁ ed or adopted model Standing Order

under this Chapter shall be maintained by the employer in Tamil and English.

36. Register for ﬁ nal certiﬁ ed copy of Standing Order under section 34.- (1) The Certifying Oﬃ cer shall maintain

electronically, a register in Form-XIII of all Standing Orders certiﬁ ed or deemed to have been certiﬁ ed or adopted model Standing

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

(a) the unique number assigned to each Standing Order;

(b) name of industrial establishment;

(d) date of certiﬁ cation or deemed certiﬁ cation or date of adoption of model Standing Order by the industrial establishment

or undertaking;

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

(f)

such other details as may be relevant and helpful in retrieving the Standing Orders and create a data base of such

of all Standing Orders.

(2) The Certifying Oﬃ cer shall furnish a copy thereof to any person applying therefor on payment of two rupees per page

of the certiﬁ ed Standing Orders or deemed certiﬁ ed Standing Orders, as the case may be. The payment for such purpose can

also be made through electronic mode.

37. Application for modiﬁ cation of Standing Order under sub-section (2) of section 35.- The application for modiﬁ cation

of an existing Standing Order under sub-section (2) of section 35 shall be submitted electronically and shall contain the

particulars of such Standing Order which are proposed to be modiﬁ ed along with a tabular statement containing details of each

of the relevant provisions of the Standing Order in force, and proposed modiﬁ cation therein, reasons thereof and the details

of registered Trade Union(s) operating therein, and such statement shall be signed by a person authorised by the industrial

establishment or undertaking.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Chapter V

Notice of Change

38. The manner of giving of notice for change proposed to be eﬀ ected under clause (i) of section 40.- (1) Any

employer intending to eﬀ ect any change in the conditions of service applicable to any worker in respect of any matter speciﬁ ed

in the Third Schedule to the Code, shall give notice in Form-XIV to such worker aﬀ ected by such change or to the negotiating

Trade Union / member of the negotiating council.

(2) The notice referred in sub-rule (1) shall be displayed conspicuously by the employer on the notice board at the main

entrance of the industrial establishment and the oﬃ ce of the concerned Manager of the industrial establishment:

Provided that where there is a registered Trade Union or registered Trade Unions relating to the industrial establishment,

a copy of such notice shall also be served simultaneously on the Secretary of such Trade Union or each of the Secretaries of

such Unions, as the case may be.

Chapter VI

Voluntary Reference of Disputes to Arbitration

39. Form of arbitration agreement and the manner thereof under sub-section (3) of section 42. - (1) Where the

employer and workers agree to refer the dispute to arbitration, the Arbitration Agreement shall be in Form-XV and shall be

signed by the parties to the agreement. The agreement shall be accompanied by the consent either in writing or electronically

of arbitrator or arbitrators.

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

(i) in case of an employer, by the employer himself, or when the employer is an incorporated company or other

body corporate, by the agent, manager or other oﬃ cer of the corporation authorised for such purposes;

(ii) in case of the workers, by the oﬃ cer of the registered Trade Union authorised in this behalf or by three representatives

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

(iii) in case of an individual worker, by the worker himself or by an oﬃ cer of the registered Trade Union of which the

worker is a member.

Explanation.-(1) In this rule, the expression “oﬃ cer” means any oﬃ cer of a registered Trade Union or an association of

the employer authorised for such purpose.

(2) In this rule “oﬃ cer” means any of the following oﬃ cers, namely:-

(a)

the President;

(b)

the Vice-President;

(c)

the Secretary (including the General Secretary);

(d)

a Joint Secretary; and

(e)

any other oﬃ cer of the Trade Union authorised in this behalf by the President and Secretary of the Union.

40. Manner of issue of notiﬁ cation under sub-section (5) of section 42.- Where an industrial dispute has been referred

to arbitration and the Government is satisﬁ ed that the persons making the reference represent the majority of each party, it shall

publish a notiﬁ cation in this behalf in the Tamil Nadu Government Gazette and electronically or otherwise for the information

of the employers and workers who are not parties to the arbitration agreement but are concerned in the dispute and they may

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

41. Manner of choosing representatives of workers where there is no Trade Union.- Where there is no Trade Union,

the representative of workers to present their case before the arbitrator or arbitrators in pursuance of clause (c) of the proviso to

sub-section (5) of section 42, shall be chosen by a resolution passed by the majority of workers and authorised in Form-XVI.

Such workers shall be bound by the acts of the representatives, so authorised.

Chapter VII

Mechanism for Resolution of Industrial Disputes

42. Manner of filling up of vacancy under sub-section (9) of section 44, procedure for selection, salaries

and allowances and other terms and conditions of Judicial Member of the Industrial Tribunal of the State under

sub-sections (4) and (5) of section 44.- (1) A person shall be qualiﬁ ed for appointment as the Judicial Member of a Industrial

Tribunal if-

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

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

Act 14 of 1947), for not less than ﬁ ve years.

(2) The Judicial Member shall be appointed by the Government on the recommendation of a Search-Cum-Selection

Committee speciﬁ ed in sub-rule (3).

(3) The Search-cum-Selection Committee shall comprise the following members, namely:-

(i) Chief Justice of the High Court of Madras or a Judge of High Court nominated by him – Chairperson;

(ii) Secretary to the Government in charge of Labour Welfare and Skill Development Department – Member;

(iii) Secretary to Government in charge of Human Resources Management Department – Member;

(iv) Secretary to Government in charge of Law Department – Member; and

(v) Commissioner of Labour - Member

(4) The Search-cum-Selection Committee (SCSC) shall determine its procedure for making its recommendation and, after

taking into account the qualiﬁ cation, suitability, record of past performance, integrity as well as adjudicatory experience keeping

in view of the requirement of the Industrial Tribunal, and recommend a person for appointment to each post.

(5) No serving Judicial Oﬃ cer can be appointed to the Industrial Tribunal by the Government without obtaining prior

concurrence of the Hon’ble High Court of Madras.

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

member in the Search-cum-Selection Committee.

(7) A Judicial Member shall hold oﬃ ce for a term of four years from the date on which he enters upon his oﬃ ce or till he

attains the age of sixty ﬁ ve years, whichever is earlier.

(8) In case of casual vacancy in the oﬃ ce of Judicial Member, the Government shall appoint the Judicial Member of any

other Industrial Tribunal to oﬃ ciate as Judicial Member.

(9) (a) A Judicial Member shall be paid a salary of rupees 2,25,000/- per month or as ﬁ xed by the Government, from

time to time, and shall be entitled to draw allowances as are admissible to an oﬃ cer of the Government holding Group A post

carrying the same pay.

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

drawn by him.

(10) (a) In case of serving High Court Judges, the service rendered in the Industrial Tribunal shall be counted for pension

to be drawn in accordance with the extant rules of the service to which they belong and they shall be governed by the provisions

of General Provident Fund (Central Service) Rules, 1960 and the rules for pension applicable to them.

(b) In case of retired High Court Judges, they shall be entitled to join Contributory Provident Fund Scheme as per

rules during the period of their re-employment and additional gratuity shall not be paid for the service rendered in the Industrial

Tribunal.

(11) A Judicial Member shall be entitled for house rent allowance at the rate as admissible to an oﬃ cer of the Government

holding Group A post carrying the same pay or may be allotted a suitable Government accommodation.

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

(b) In case of retired High Court Judges, leave shall be admissible as are admissible to an oﬃ cer of the Government

holding Group A post carrying the same pay.

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

(b) The Government shall be the sanctioning authority for foreign travel to the Judicial Member.

(14) Government Health Scheme facilities as admissible to an oﬃ cer of the Government holding Group A post carrying

the same pay shall be applicable.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(15) (a) Travelling allowance to a Judicial member shall be admissible as per the entitlement of an oﬃ cer of the Government

holding Group A post carrying the same pay.

(b) In the case of retired High Court Judge, 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 oﬃ cer of the

Government holding Group A post carrying the same pay.

(16) A Judicial Member shall be entitled for leave travel concession as admissible to an oﬃ cer of the Government holding

Group A post carrying the same pay.

(17) A Judicial Member shall be entitled for transport allowance as admissible to an oﬃ cer of the Government holding

Group A post carrying the same pay.

(18) No person shall be appointed as Judicial Member unless he is declared medically ﬁ t by an authority speciﬁ ed by the

Government in this behalf.

(19) (a) If a written and veriﬁ able complaint is received by the Government, alleging any deﬁ nite 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 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.

may be speciﬁ ed by the Government.

(d) After conclusion of the inquiry, the Search-Cum-Selection Committee shall submit its report to the Government

stating therein its ﬁ ndings and the reasons thereof on each of the charges separately with such observations on the whole

case as it may think ﬁ t.

(e) The Search-Cum-Selection Committee shall not be bound by the procedure laid down by the Code of Civil

Procedure, 1908 (Central Act 5 of 1908) but shall be guided by the principles of natural justice and shall have power to

regulate its own procedure, including the ﬁ xing of date, place and time of its inquiry.

(20) A Judicial Member may resign his oﬃ ce at any time by giving notice to this eﬀ ect in writing under his hand addressed

to the Government:

Provided that the Judicial Member shall, unless he is permitted by the Government to relinquish oﬃ ce sooner, continue to

hold oﬃ ce 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 oﬃ ce or until the expiry of his term of the oﬃ ce, whichever is earlier.

(21) (a)The Government shall, on the recommendation of Search-Cum-Selection Committee, remove from oﬃ ce any

Judicial Member, who,–

(a) has been adjudged as an insolvent; or

(b) has been convicted of an oﬀ ence which involves moral turpitude; or

(d) has acquired such ﬁ nancial or other interest as is likely to aﬀ ect prejudicially his functions as a Judicial Member; or

(e) has so abused his position as to render his continuance in oﬃ ce prejudicial to the public interest:

Provided that where a Judicial Member is proposed to be removed on any ground speciﬁ ed in clauses (b) to (e), he shall

be informed of the charges against him and given an opportunity of being heard in respect of those charges.

(22) Every person appointed as Judicial Member shall, before entering upon his oﬃ ce, make and subscribe an oath of

oﬃ ce and secrecy in Form-XVII.

(23) Matter relating to the terms and conditions of services of the Judicial Member with respect to which no express

provision has been made in these rules, shall be referred by the Industrial Tribunal to the Government for its decision, and the

decision of the Government thereon shall be binding.

(24) The 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.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(25) If, for any reason a permanent vacancy occurs in the oﬃ ce of the tribunal, the Government shall ﬁ ll up the vacancy

in accordance with the provisions of this Code.

43. Manner of ﬁ lling up of vacancy under sub-section (9) of section 44 and procedure for selection, salaries and

allowances and other terms and conditions of Administrative Member of the Industrial Tribunal of the State under

sub-sections (4) and (5) of section 44.- (1) A person shall be qualiﬁ ed for appointment as an Administrative Member of the

Industrial Tribunal if-

(a) he is or has been a member of Indian Administrative Service with experience of handling labour related matters; or

(b) he is or has been an Additional Secretary to Government having experience of handling labour related matters; or

(d) he is or has been a Joint Commissioner of Labour in the Tamil Nadu Labour Service for a period of 3 years.

(2) The Administrative Member shall be appointed by the Government on the recommendation of a Search-Cum-Selection

Committee speciﬁ ed in sub-rule (3).

(3) The Search-cum-Selection Committee shall comprise the following members, namely:-

(i) The Chief Secretary to Government – Chairperson;

(ii) Secretary to Government in charge of Labour Welfare and Skill Development Department – Member;

(iii) Secretary to Government in charge of Human Resources Management Department – Member;

(iv) Secretary to Government in charge of Law Department – Member; and

(v) The Commissioner of Labour - Member

(4) The Search-cum-Selection Committee shall determine its procedure for making its recommendation and, after taking

into account the qualiﬁ cation, suitability, record of past performance, integrity as well as experience keeping in view of the

requirement of the Tribunal and recommend a person for appointment to the said post.

(5) No appointment of Administrative Member shall be declared invalid merely by reason of vacancy or absence of any

Member in the Search-cum-Selection Committee.

(6) An administrative Member shall hold oﬃ ce for a term of four years or till he attains the age of sixty-ﬁ ve years, whichever

is earlier.

(7) In case of casual vacancy in the oﬃ ce of Administrative Member, the Government shall appoint the Administrative

Member of any other Industrial Tribunal to oﬃ ciate as Administrative Member.

(8) The Administrative Member shall be paid a salary of rupees 2,25,000/- per month or ﬁ xed by the Government, from

time to time and shall be entitled to draw allowances as are admissible to an oﬃ cer of the State holding Group A post carrying

the same pay. In the case of retired Government Oﬃ cer, his pay shall be reduced by the gross amount of pension drawn by him.

(9) (a) In the case of a serving Government Oﬃ cer, the service rendered in Industrial Tribunal shall be counted for pension

to be drawn in accordance with the extant rules of the service which he belong and shall be governed by the prevalent Provident

Fund Rules in the State.

(b) In the case of retired Government Oﬃ cer, they shall be entitled to join Contributory Provident Fund Scheme as

per extant rules during period of their re-employment. Additional gratuity shall not be admissible for the service rendered

by the Administrative Member in the Industrial Tribunal.

(10) The Administrative Member shall be entitled for house rent allowance at the rate as admissible to an oﬃ cer of the

Government holding Group A post carrying the same pay or may be allotted a suitable Government accommodation.

(11) (a) In case of serving Government Oﬃ cer, leave shall be admissible in accordance with the extant rules of the service

which he belongs.

(b) In case of retired Government Oﬃ cer, leave shall be admissible as are admissible to an oﬃ cer of the Government

holding Group A post carrying the same pay.

(12) (a) The Government shall be the leave sanctioning authority for the Member.

(b) The Government shall be the sanctioning authority for foreign travel to the Administrative Member.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(13) Government Health Scheme facilities as admissible to an oﬃ cer of the Government holding Group A post carrying

the same pay shall be applicable.

(14) (a) Travelling allowance to an Administrative Member shall be admissible as per the entitlement of an oﬃ cer of the

Government holding Group A post carrying the same pay.

(b) In the case of retired Government Oﬃ cer, transfer travelling allowance for joining the State Industrial Tribunal from

home town to head quarter and vice-versa at the end of assignment shall also be admissible as entitlement of an oﬃ cer

of the Government holding Group A post carrying the same pay.

(15) An Administrative Member shall be entitled for leave travel concession as admissible to an oﬃ cer of the Government

holding Group A post carrying the same pay.

(16) An Administrative Member shall be entitled for transport allowance as admissible to an oﬃ cer of the Government

holding Group A post carrying the same pay.

(17) No person shall be appointed as an Administrative Member, unless he is declared medically ﬁ t by an authority speciﬁ ed

by the Government in this behalf.

(18) (a) If a written and veriﬁ able complaint is received by the Government, alleging any deﬁ nite 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 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.

may be speciﬁ ed by the Government.

(d) After conclusion of the inquiry, the Search-cum-Selection Committee shall submit its report to the Government

stating therein its ﬁ ndings and the reasons thereof on each of the charges separately with such observations on the whole

case as it may think ﬁ t.

(e) The Search-Cum-Selection Committee shall not be bound by the procedure laid down by the Code of Civil Procedure,

1908 (Central Act 5 of 1908) but shall be guided by the principles of natural justice and shall have power to regulate its own

procedure, including the ﬁ xing of date, place and time of its inquiry.

(19) An Administrative Member may, resign his oﬃ ce at any time by giving notice to this eﬀ ect in writing under his hand

addressed to the Government:

Provided that the Administrative Member shall, unless he is permitted by the Government to relinquish oﬃ ce sooner,

continue to hold oﬃ ce 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 oﬃ ce or until the expiry of his term of the oﬃ ce, whichever is earlier.

(20) The Government shall, on the recommendation of the Search-cum-Selection Committee, remove from oﬃ ce any

Administrative Member, who-

(a) has been adjudged as an insolvent; or

(b) has been convicted of an oﬀ ence which involves moral turpitude; or

(d) has acquired such ﬁ nancial or other interest as is likely to aﬀ ect prejudicially his functions as an Administrative Member; or

(e) has so abused his position as to render his continuance in oﬃ ce prejudicial to the public interest:

Provided that where an Administrative Member is proposed to be removed on any ground speciﬁ ed 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 oﬃ ce, make and subscribe an oath

of oﬃ ce and secrecy in Form XVII.

(22) Matter relating to the terms and conditions of services of the Administrative Member with respect to which no express

provision has been made in these rules, shall be referred by the Industrial Tribunal to the Government for its decision, and the

decision of the Government thereon shall be binding.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(23) The 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.

(24) If, for any reason a permanent vacancy occurs in the oﬃ ce of the tribunal, the Government shall ﬁ ll up the vacancy

in accordance with the provision of this Code.

44. Holding of conciliation proceedings under sub-section (1), full report under sub-section (4), and application

and the manner of deciding such application under sub-section (6) of section 53.- (1) Where the conciliation oﬃ cer, –

(a) receives a notice of a strike or lockout given under section 62; or

(b) receives an application in respect to an existing industrial dispute; or

then, he shall in case of clause (a) hold conciliation proceedings and inform the concerned parties, the date of sitting for

such purpose and in case of clause (b) examine the application and if he ﬁ nds that such dispute pertains to the jurisdiction of

the Central Government, transfer the application to the concerned authority or otherwise proceed with the application and hold

the conciliation in respect thereof and in case of clause (c) issue fresh notice to the parties concerned declaring his intention

to commence conciliation proceedings.

(2) The employer or the workers’ representative in the ﬁ rst meeting shall submit their respective statement in the matter

of the said dispute.

(3) The conciliation oﬃ cer shall hold conciliation proceedings for the purpose of bringing about a settlement of the dispute

and may do all such things as he thinks ﬁ t for the purpose of inducing the parties to come to a fair and amicable settlement.

(4) If no such settlement is arrived at in the conciliation proceedings referred to in sub-rule (1), the conciliation oﬃ cer

shall submit a report to the Government electronically or by registered post or by speed post or on the designated portal of the

Labour Welfare and Skill Development Department of the Government within seven days from the date on which the conciliation

proceedings are concluded.

(5) If a settlement of dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings,

the Conciliation Oﬃ cer shall, apart from sending a report thereof to the Government or an oﬃ cer authorised in this behalf by the

Government, send a memorandum of the settlement signed by the parties to the dispute, electronically or by registered post or

by speed post or upload on the designated portal of the Labour Welfare and Skill Development Department of the Government.

(6) The report referred to in sub-rule (4) shall be sent to the parties concerned electronically or by registered post or by

speed post or shall be accessible to the parties on the designated portal of the Labour Welfare and Skill Development Department

of the Government.

(7) The conciliation oﬃ cer shall send his report to the concerned parties and to the Government within a period of forty-ﬁ ve

days from the date of commencement of the conciliation proceedings.

(8) All the evidences except documentary evidence, before the conciliation oﬃ cer shall be ﬁ led in the form of aﬃ davit and

the opposite party shall be given opportunity to ﬁ le reply thereto in the aﬃ davit form.

(9) The report referred to in sub-rule (4) shall contain inter-alia the submissions of the employer, worker or Trade Union,

as the case may be, and it shall also contain the eﬀ orts made by the conciliation oﬃ cer to bring the parties to an amicable

settlement, reason for refusal of the parties to resolve the dispute and the conclusion of the conciliation oﬃ cer.

45. Proceedings before Tribunal.-(1) Any dispute which is not settled during the conciliation proceedings, then, either of

the concerned party may make an application in Form-XVIII, before the Tribunal either electronically or by registered post or

by speed post or on the designated portal of the Labour Welfare and Skill Development Department of the Government within

ninety days from the date of the report under sub-rule (4) of rule 45.

(2) On receipt of an application referred to in sub-rule(1), the Tribunal shall direct the party raising the dispute to ﬁ le 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 the application is ﬁ led and a copy of such statement may be sent electronically or by registered

post or by speed post or uploaded on the designated portal of the Labour Welfare and Skill Development Department of the

Government for service on each of the opposite parties to the dispute.

(3) The Tribunal, after ascertaining that copies of statement of claim and other related documents are furnished to the other

side by the party raising the dispute, shall ﬁ x the ﬁ rst hearing as soon as possible and within a period of one month from the

date of receipt of the application and the opposite party shall ﬁ le 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 ﬁ rst hearing and simultaneously

forward a copy thereof to the opposite party for service.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(4) Where the Tribunal ﬁ nds that the party raising the dispute, despite its directions, did not forward a copy of the statement

of claim and other documents to the opposite party, it shall give directions to the concerned party to furnish a copy of the

statement to the opposite party, granting extension of ﬁ fteen days for ﬁ ling the statement, if the Tribunal ﬁ nds suﬃ cient cause

for not ﬁ ling the statement of claim and other documents within time.

(5) Evidence shall be recorded either in Tribunal or may be ﬁ led on aﬃ davit or recorded in the Tribunal on oath, but in the

case of aﬃ davit, the opposite party shall have the right to cross-examine each of the deponents ﬁ ling the aﬃ davit. Where the

oral examination of each witness proceeds, the Tribunal shall make a memorandum of the substance of what is being deposed

and while recording the oral evidence, the Tribunal shall follow the procedures laid down in rule 5 of Order XVIII of the First

Schedule to the Code of Civil Procedure, 1908 (Central Act 5 of 1908).

(6) On completion of evidence, arguments may be heard immediately or a date may be ﬁ xed for arguments, which shall

not be beyond a period of ﬁ fteen days from the date of closure of evidence.

(7) The Tribunal shall not ordinarily grant an adjournment for a period exceeding a week at a time, but not in any case

more than three adjournments in all, at the instance of the parties to the dispute, shall be granted:

Provided that the Tribunal for reasons to be recorded in writing, grant an adjournment exceeding a week at a time but not

in any case more than three adjournments, at the instance of any one of the parties to the dispute, shall be granted.

(8) A tribunal or arbitrator may, at any time, correct any clerical or arithmetical mistake or error arising from an accidental

slip or omission in any proceedings, report, award or decision either on his own motion or on application of any of the parties.

(9) In case any party defaults or fails to appear at any stage, the Tribunal may proceed with the case ex-parte, and decide

the application or reference, as the case may be, in the absence of the defaulting party:

Provided that the Tribunal may on the application of either party ﬁ led before the submission of the award, revoke the order

that the case shall proceed ex- parte, if it is satisﬁ ed that the absence of the party was on justiﬁ able grounds, and proceed

further to decide the matter as contested.

(10) The Tribunal shall communicate its award either electronically or by registered post or by speed post to the parties

concerned and the Government or upload on the designated portal of the Labour Welfare and Skill Development Department

of the Government within one month from the date of the award.

(11) The Tribunal may summon and examine any person whose evidence appears to it to be material for deciding the case

and shall be deemed to be a civil court within the meaning of sections 345, 346 and 348 of the Code of Criminal Procedure,

1973 (Central Act 2 of 1974).

(12) Where assessors are appointed to advise a Tribunal under sub-section (5) of section 49 in relation to proceeding before

it, the Tribunal may obtain the advice of such assessors, but such advice shall not be binding on such Tribunal.

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

other document after depositing the fee either electronically or by bank draft in the Tribunal in the following manner, namely :-

(a) Fee for obtaining a copy of an award or the document ﬁ led in any proceedings of Tribunal be charged at the rate of

Rs. two per page;

(b) For certifying a copy of any such award or order or document, a fee of Rs. two per page shall be payable;

(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.

(14) The representatives of the parties appearing before a Tribunal or an Arbitrator shall have the right of examination,

cross-examination and of addressing the tribunal or the arbitrator, when evidence has been called.

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

Provided that the proceedings before the Tribunal may be, at the request of the parties or of the directions of the Tribunal,

held by video conferencing:

Provided further that the Tribunal may at any stage of the proceeding direct that any witness shall be examined or its

proceedings be held in-camera.

(16) A conciliation oﬃ cer, Judicial Member or Administrative Member of the Tribunal or any person authorised in writing

by the conciliation oﬃ cer or Tribunal in this behalf may, for the purposes of any conciliation or adjudication under the Code at

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

any time between the hours of sunrise and sunset and in the case of person so authorized after giving reasonable notice in

writing, may enter any building, factory, workshop, or other place or premises whatsoever, and inspect the same or any work,

machinery, appliance or article therein or interrogate any person therein in respect of anything situated therein or any matter

relevant to the subject matter of conciliation or adjudication, as the case may be.

(17) A Tribunal may, in the interest of justice and after recording reasons therefor, admit or accept any evidence at any

stage of the proceeding before it.

Chapter VIII

Strikes and Lock-outs

46. Notice of strike under sub-section (1) of section 62. – (1) The notice of strike shall be given to the employer of an

industrial establishment in Form-XIX which shall be duly signed by the Secretary of the registered Trade Union, or where there

is no registered Trade Union, by ﬁ ve elected representatives relating to such industrial establishment, endorsing copies thereof

either electronically or by registered post or by speed post or in person to the conciliation oﬃ cer, the Commissioner of Labour

and the Government.

(2) If the employer of an industrial establishment receives from any person employed by him any notice of strike then

he shall within ﬁ ve days from the date of receiving of such notice, intimate the same either electronically or otherwise to the

concerned conciliation oﬃ cer and the Commissioner of Labour.

47. Notice of lock-out under sub-section (2) of section 62. – (1) The notice of lock-out shall be given by the employer of

an industrial establishment in Form-XX to the Secretary of every registered Trade Union relating to such industrial establishment

endorsing copies thereof to the concerned conciliation oﬃ cer, the Commissioner of Labour and the Government either electronically

or otherwise. 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 gives to any person employed by him a notice of lock-out, then he shall within ﬁ ve days from the date

of such notice, intimate electronically the same to the concerned conciliation oﬃ cer and the Commissioner of Labour.

Chapter IX

Lay-oﬀ , Retrenchment and Closure

48. Notice of retrenchment under clause (c) of section 70. - If any employer desires to retrench any worker employed

in his industrial establishment who has been in continuous service for not less than one year under him then, such employer

shall give notice of such retrenchment, in Form-XXI to the authority notiﬁ ed by the Government, through e-mail or, by registered

post or speed post.

49. Re-employment to the retrenched workers under section 72.- Where any vacancy occurs in an industrial establishment

and there are workers of such industrial establishment retrenched within one year prior to the proposal for ﬁ lling up such vacancy,

then, the employer of such industrial establishment shall oﬀ er an opportunity at least 10 days before by registered post or

speed post and through e-mail to such retrenched workers who are citizens of India. If such workers give their willingness for

employment then, the employer shall give them preference over other persons in ﬁ lling up of such vacancy.

50. Notice of closure under sub- section (1) of section 74. — If an employerintendsto close down an industrial

establishment he shall give notice of such closure in Form-XXI to the Government and a copy thereof to the Commissioner of

Labour, by e-mail and by registered post or speed post.

Chapter X

Special Provisions Relating to Lay-oﬀ , Retrenchment and Closure in Certain Establishments

51. Notice of lay-oﬀ under sub-section (2) of section 78.- An application for permission shall be made by the employer in

Form-XXII stating clearly therein the reasons for the intended lay oﬀ and a copy of such application shall be served simultaneously

to both the worker, the Trade Union concerned and the Conciliation oﬃ cer, 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.

52. Time-limit for review under sub-section (7) of section 78.- The Government may, either on its own motion or on

the application made by the employer or any worker, review its order granting or refusing to grant permission under sub-section

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

53. Application for the intended retrenchment and manner of serving copies 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-XXII to the Government stating therein the reasons for the intended retrenchment and a copy of such application shall

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

also be sent to both the workers and the Trade Union concerned, electronically and by registered post or speed post. Such

application shall also be displayed conspicuously by the employer on a notice board or on electronic board at the main entrance

to the industrial establishment.

54. Time-limit for review under sub-section (6) of section 79.- The Government may, either on its own motion or on

the application made by the employer or any worker, review its order granting or refusing to grant permission under sub-section

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

55. Application for intended closing down of industrial establishment and manner of serving copy of such

application to 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 either electronically or otherwise in Form-XXII

for prior permission at least ninety days before the date on which intended closure is to become eﬀ ective to the 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 or the Trade Union in the industrial establishment electronically

and by registered post or speed post.

56. Time-limit for review under sub-section (5) of section 80.- The Government may, either on its own motion or

on an application made by the employer or any worker, review its order granting or refusing to grant permission under

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

Chapter XI

Worker Re-Skilling Fund

57. Sources of contribution to worker re-skilling fund under clause (b) of sub-section (2) of Section 83.- In addition

to contribution of employer under clause (a) of sub-section (2) of section 83, the fund shall consist of.—

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

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

58. Manner of utilisation of fund under sub-section (3) of section 83.- Every employer who has retrenched a worker

under this Code, shall, within ten days of retrenching a worker shall electronically transfer an amount equivalent to ﬁ fteen days

of last drawn wages of such retrenched worker in the account (name of the account shall be displayed in the website of the

Labour department) to be maintained by the Conciliation Oﬃ cer. The fund so received shall be transferred by the Conciliation

Oﬃ cer to each worker’s account electronically within forty ﬁ ve days of receipt of funds from the employer and the worker shall

utilise such amount for his re-skilling. The employer shall also submit the list containing the name of each worker retrenched,

the amount equivalent to ﬁ fteen days of wages last drawn in respect of each such worker along with their bank account details

to enable the Conciliation Oﬃ cer to transfer the amount to their respective account.

Chapter XII

Oﬀ ences and Penalties

59. Manner of composition of oﬀ ence by Gazetted Oﬃ cer speciﬁ ed under sub- section (1) of section 89 and

manner of making application for compounding of oﬀ ence speciﬁ ed under sub-section (4) of section 89.- (1) The

oﬃ cer notiﬁ ed by the Government for the purpose of compounding of oﬀ ences (hereinafter referred to as the compounding

oﬃ cer), shall in the case of an oﬀ ence in which prosecution is not instituted, and the compounding oﬃ cer is of the opinion

that the offence is permissible for compounding under section 89, he shall send a notice through Labour Department

Portal of the Government to the accused in Form-XXIII consisting of three parts. In Part-I of such Form, the compounding

oﬃ cer shall inter-alia specify the name of the oﬀ ender and his other particulars, the details of the oﬀ ence and the relevant

section, and the amount to be paid towards composition of the oﬀ ence. Part-II of the Form shall specify the consequences, if

the oﬀ ence is not compounded and Part-III of the Form shall contain the application to be ﬁ led by the accused if he desires to

compound the oﬀ ence. Each notice shall have a continuous unique number containing alphabets or numeric and other details

such as oﬃ cer sending notice, year, place, type of inspection for the purpose of easy identiﬁ cation.

(2) The accused to whom the notice referred to in sub-rule (1) is served, may send Part-III of the Form duly ﬁ lled by him

to the compounding oﬃ cer electronically and deposit the compounding amount either electronically or otherwise, within ﬁ fteen

days from the date of receipt of the notice, in the account speciﬁ ed by the compounding oﬃ cer.

(3) Where prosecution has already been instituted against the accused in the competent Court, he may

make an application to the Court to compound the offence against him and the Court, after considering the

application, may allow composition of the offence by the Compounding officer in accordance with the provisions of

section 89.

(4) If the accused complies with the requirement of sub-rule (2), the Compounding oﬃ cer shall allow the accused to

compound the oﬀ ence and-

(a) if the oﬀ ence is compounded before the prosecution, then no complaint for prosecution shall be instituted against the

accused; and

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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

the compounding oﬃ cer shall treat the case as closed as if no prosecution had been launched and will proceed in accordance

with composition as under clause (a) and intimate the composition of oﬀ ence 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 oﬃ cer shall exercise the powers to compound the oﬀ ence under this rule, subject to the direction,

control and supervision of the Government.

Chapter XIII

Miscellaneous

60. Protected workers under sub-sections (3) and (4) of section 90.- (1) Every registered Trade Union connected with

an industrial establishment, to which the Code applies, shall communicate to the employer, before the 30th September of every

year, the names and addresses of such of the oﬃ cers of the Trade Union who are employed in that establishment and as in

its opinion, should be recognized as “protected workers” during the subsequent calendar year. Any change in the incumbency

of any such oﬃ cer shall be communicated to the employer by the Trade Union within ﬁ fteen days of such change. In case

of any dispute between the employer and any registered Trade Union in respect of matters connected with the recognition of

“protected workers” the 30th September of every year shall be taken as the date for determining the representative character

of each Trade Union for the purpose of this rule.

(2) The employer shall, recognise such workmen to be “protected workers” and communicate to the Trade Union, in writing,

within ﬁ fteen days form the date of the receipt of the names and addresses under sub-rule (1), the list of workmen recognised

as “protected workers” for the period of twelve months from the date of such communication:

Provided that where the number of oﬃ cers suggested for recognition as “protected workers” falls short of the number

of oﬃ cers for whom recognition can be given in respect of the Trade Union, the employer shall intimate the fact to the Trade

Union and the Trade Union shall thereupon be entitled to select additional oﬃ cers to be recognised as “protected workers”.

Such selection shall be made by the Trade Union and communicated to the employer within ﬁ ve days from the date of receipt

of the employer‘s letter. On receipt of the communication, the employer shall act as speciﬁ ed in this sub-rule.

(3) Where the number of oﬃ cers suggested for recognition by the Trade Union exceeds that for which recognition can

be given according to sub-section (4) of section 90, the required number shall be selected according to the order of priority

suggested by the Trade Union.

(4) Where there is more than one registered Trade Union in the establishment, the maximum number of

workmen to be recognised as “protected workers” shall be so distributed by the employer among the Trade Unions,

that the number of recognised “protected workers” in the individual Trade Union bear, as nearly as possible, the

same proportion to one another as the membership figures of the Trade Unions. The employer shall, in that case,

intimate in writing to the Secretary or Principal Officer of the Trade Union the number of “protected workers” allotted

to it.

(5) When a dispute arises between the employer and any registered Trade Union in respect of matters connected with

the recognition of “protected workers” under this rule, the dispute shall be referred to the concerned conciliation oﬃ cer. The

conciliation oﬃ cer may call for and scrutinize such of the records as may be considered to be relevant and shall give the parties

a reasonable opportunity of stating their case before giving a decision. The decision of the conciliation oﬃ cer shall be ﬁ nal.

61. Manner of making complaint by an aggrieved worker under section 91.- (1) Every complaint shall be made

electronically and by registered post or speed post in Form-XXIV and shall be accompanied by as many copies as there are

opposite parties mentioned in the complaint.

(2) Every complaint under sub-rule (1) shall be veriﬁ ed by the worker making the complaint or by authorised representative

of the worker proved to the satisfaction of the conciliation oﬃ cer, arbitrator, Tribunal, as the case may be, to be acquainted with

the facts of the case.

62. Authorisation of worker or employer for representing in any proceeding under section 94.- (1) Where the worker

is not a member of any Trade Union, then, any member of the executive or other oﬃ ce-bearer of any Trade Union connected

with or by any other worker employed in the industry in which the worker is employed may be authorised by such worker to

represent him in any proceeding under the Code relating to a dispute to which the worker is a party in Form-XVI.

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

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM- I

(see rule 3)

(MEMORANDUM OF SETTLEMENT ARRIVED AT DURING CONCILIATION OR SETTLEMENT ARRIVED AT BETWEEN

THE EMPLOYER AND HIS WORKERS OTHERWISE THAN IN THE COURSE OF CONCILIATION PROCEEDING)

Names of Parties:

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

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

Short recital of the case

………………………………………………………..

Terms of settlement

……………………………………………………….

Signature of the parties

Witnesses:

(1)

(2)

*Signature of Conciliation Oﬃ cer

In case the settlement arrived at between the employer and his workers otherwise than in the course of conciliation

proceeding the copy of the memorandum shall be marked to Concerned Conciliation Oﬃ cer and the Commissioner of Labour.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(1)

Sl. No.

(2)

Token or works number

(3)

Name

(4)

Date of admission

(5)

Occupation

(6)

Rate Pay

(7)

Rate Subscription

(a)

January

Subscription Paid

(8)

(b)

February

(c)

March

(d)

April

(e)

May

(f)

June

(g)

July

(h)

August

(i)

September

(j)

October

(k)

November

(l)

December

(9)

Rs. P.

Total

(10)

Rs.

Amount outstanding at

the end of the year

FORM-II

REGISTER OF MEMBERSHIP AND SUBSCRIPTION

[see rule 9 (5)]

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM-III

APPLICATION FOR REGISTRATION OF TRADE UNION

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

Dated the

day of

We hereby apply for the registration of a trade union under

the name of

The address of the head oﬃ ce of the union is

The

union

came into

existence

the………day of …….. 20 .

The union is a union of employers/workers engaged in the

industry.

A copy of the rules of

the

union dulysubscribed as

required by section 6 of the Industrial Relations Code, 2020

(Central Act 35 of 2020) is appended hereto.

The particulars required by section 8 of the Industrial Relations

Code, 2020 (Central Act 35 of 2020)are given in Schedule I.

The particulars given in Schedule II show the provision made

in the rules for the matters detailed in section 7 of the Industrial

Relations Code, 2020 (Central Act 35 of 2020)

(To be struck out in the case of unions which have not been

in existence for one year before the date of application.) The

particulars required by section 8 (2) of the Industrial Relations

Code, 2020 (Central Act 35 of 2020) are given in Schedule III.

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

Signed

Signature

Occupation

Address

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

* State here whether the authority was given by a resolution of general meeting of the union, or if not, in what other way

it was given.

To the Registrar of trade unions

SCHEDULE-1.

List of oﬃ ce-bearers

Title

Name

Age

Address

Occupation

NOTE.-- Enter in this Schedule the name of all members of the executive of the Union, showing in column 1 the names

of any posts held by them (e.g., President, Secretary, Treasurer, etc.), in addition to their oﬃ ces as members of the executive.

CERTIFICATE

Certiﬁ ed that none of the oﬃ ce-bearers of the * Trade Union has been disqualiﬁ ed under section 21 of the Industrial

Relations Code, 2020 (Central Act 35 of 2020) for being chosen as oﬃ ce-bearer.

*Here enter the name of Trade Union. (To be signed by seven persons)

Sl. No.

Signed

(1)

(2)

(3)

(4)

(5)

(6)

(7)

SCHEDULE-II.

Reference to Rules

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

Matter

Number of rules

(1)

(2)

Name of Union

The whole of the objects for which the union has been established.

The whole of the purposes for, which the general funds of the union shall

be applicable.

The maintenance of a list of members.

The facilities provided for the inspection of the list of members by oﬃ ce-

bearers and members.

The admission of ordinary members.

The admission of honorary or temporary members.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

The conditions under which members are entitled to beneﬁ ts assured by the rules.

The conditions under which ﬁ nes or forfeitures can be imposed or varied.

The manner in which the rules shall be amended, varied or rescinded.

The manner in which the members of the executive and other oﬃ ce-bearers

of the union shall be appointed and removed.

The safe custody of the funds.

The annual audit of the accounts.

The facilities for the inspection of the account books by oﬃ ce-bearers and

members.

The manner in which the union may be dissolved.

SCHEDULE-III.

[This need not be ﬁ lled if the Trade Union came into existence less than one year before the date of application for registration.

Statement of Liabilities and Assets on the day of 20

Liabilities

Assets

Amount of

General fund.

Cash

In hands of Treasurer

In hands of Secretary

Amount of political

fund

In hands of

Loans from --

In the………..Bank

In the…………Bank

Securities as per list below

Unpaid Subscriptions due

Loans to ……………………

Debts due to

Immovable property

Goods and furniture

Other liabilities (to be

speciﬁ ed).

Other assets

(to be speciﬁ ed).

Total Liabilities

Total Assets

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM-IV

[see rule 10(2)]

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

UNION, TAMIL NADU

The deponents submit

That we have made application for the registration of Trade Union under sub- section (1) of section 6 of the Industrial

Relation Code 2020 (Central Act 35 of 2020) read with Rule 10 under name ………………………………………………

………………………………………………… (Proposed name of the Trade Union).

That we are duly authorised to make application for the registration of the said Trade Union.

That the content of application and documents attached with application are true and correct and nothing has been

concealed.

Signature of the deponents

1-……………………………

2-……………………………

3-……………………………

4-……………………………

5-……………………………

6-……………………………

7-……………………………

Veriﬁ cation

It is veriﬁ ed that the contents of the aforesaid aﬃ davit are to the best of my Knowledge and belief, true and correct.

Date…./…./……..(dd/mm/yy)

Signature of Applicant(s)

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM-V

CERTIFICATE OF REGISTRATION OF TRADE UNION

[see rule 11]

No.

It is hereby certiﬁ ed that the has been registered

under the Industrial Relations Code, 2020 (Central Act 35 of 2020) this ------------------day of ---------------20

(Seal)

Registrar of Trade Unions

FORM VI

REGISTER OF TRADE UNIONS

[see rule 11(3)]

Serial number:

Date of registration:

(a) Names of the members making the application:

(b) Occupation of the members making the application:

Name of Trade Union:

Address of the head oﬃ ce of Trade Union:

Date of establishment of Trade Union:

Oﬃ ce-bearers of Trade Union:

Title

Name

Age

Occupation

Address

Signature of the Registrar:

(a) Whether provision has been made for a separate fund under section 15(2) and if so from what date:

(b) Initials of the Registrar:

10. (a) Date of intimation for alteration of rules:

(b) Date of registration of alteration of rules and issue of a certiﬁ ed copy thereof:

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

11. (a) Date of registration of change of address of registered oﬃ ce:

(b) Address of the Trade Union as changed:

12. (a) Date of registration of change of name:

(b) Name of the Trade Union as changed:

13. (a) Date of registration of amalgamation:

(b) Name of the amalgamated union:

(d) Initials of the Registrar:

14. (a) Date of application for cancellation for registration under section 9(5) (i):

(b) Date of giving notice for cancellation or withdrawal under section 9(5)(ii):

(d) Initials of the registrar:

15. (a) (1) Names of the members applying for dissolution:

(2) Occupations of the members applying for dissolution:

(3) Addresses of the members:

(b) Date of registration of dissolution and issue of certiﬁ cate to that eﬀ ect:

(d) Initials of the Registrar:

NOTE.-- One page shall be allotted for each union.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM VII

REQUEST TO WITHDRAW OR CANCEL THE CERTIFICATE OF REGISTRATION

[see rule 12(1)]

Name of Trade Union :

Registration Number :

Address

Date……………………..day of……………………………….. 20………………………

The Registrar of Trade Unions. Place……………………

The above mentioned Trade Union desires that the Certiﬁ cate of Registration may be withdrawn (or cancelled) and

at a general meeting (*) duly held on the…………. day of

20… it was resolved as follows:—

(Here give exact copy of Resolution)

Secretary.

(Signed) 1

(Signed )2

(Signed) 3

(Signed) 4

(Signed) 5

(Signed) 6

(Signed) 7

Members.

We hereby declare that what is stated herein is true to the best of our knowledge and

belief.

(Signed) 1

Secretary.

(Signed) 2

(Signed) 3

(Signed) 4

(Signed) 5

(Signed) 6

(Signed) 7

Members.

(*) If not at a general meeting state in what manner the request has been determined upon.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM–VIII

APPLICATION FOR ADJUDICATION

[see rule 24]

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

(A) Name and Address and Applicant(s)

Versus

(B) Name and Address of Opposite Party(ies)

Over the matter (statement regarding speciﬁ c issues of dispute may be mentioned) which are connected with relevant to

the dispute under sub section (1) of Section 22 of Industrial Relation Code, 2020(Central Act 35 of 2020).

The applicant(s) prays that instant application may please be admitted for adjudication and request to pass appropriate

award in the matter.

Name and signature of the worker(s) or

Oﬃ cer of Trade Union raising the dispute

Place …..................

Date ....................

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM IX

NOTICE OF AMALGAMATION OF TRADE UNION

[see rule 25]

Name of Registered Trade Union and the Number of Registration :

Name of Registered Trade Union and the Number of Registration (and so on if more than two) :

Address……………

Date this………. day of……..

To.

The Registrar of Trade Unions

Place………………………

Notice is hereby given that in accordance with the requirements of Section 24 of the Industrial Relations Code, 2020

(Central Act 35 of 2020) the members of each for (or every one) of the above mentioned Trade Unions have resolved to become

amalgamated together as one Trade Union.

And that the following are the terms of the said amalgamation

(State the terms).

And that it is intended that the Trade Union shall henceforth be called as --------------

Accompanying this notice is a copy of the rules intended to be henceforth adopted by the amalgamated Trade Union which

are the rules (if so) of the Trade Union.

(To be signed by seven members and the

Secretary of each Trade Union.)

(Signed) 1

(Signed) 2

(Signed) 3

(Signed) 4

(Signed) 5

(Signed) 6

(Signed) 7

(Name and address to which registered copy is to be sent)

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM X

NOTICE OF THE DISSOLUTION OF A TRADE UNION

[see rule 26(1)]

Name of Trade Union

Registration No.

Address

Dated this the……… 20……….

The Registrar of Trade Unions,

Place…………………………..

Notice is hereby given that the above mentioned Trade Union was dissolved in pursuance of the Rules thereof on

the……………………. day of……….. 20……………

We have been duly authorised by the Trade Union to forward this notice on its behalf, such authorisation consisting of a

resolution passed at a general meeting on the

*……………..day of………………. 20………………

(Signed) 1

Secretary.

(Signed) 2

(Signed) 3

(Signed) 4

(Signed) 5

(Signed) 6

Members

(Signed) 7

* Here insert the date, or if there was no such resolution state in what other way the authorisation was given.

Encl: Original Registration Certiﬁ cate.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM XI

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

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

PART A

Name of the Trade Union/Federation.

Address of the Trade Union/Federation.

Registered Head Oﬃ ce.

Number and date of certiﬁ cate of registration.

Classiﬁ cation of Industry

Classiﬁ cation of Sector [please state to which of the following four

categories the union belongs (a) Public Sector — Central Sphere,

(b) Public Sector — State Sphere, (c) Private Sector —

Central Sphere and (d) Private Sector — State Sphere.]

Name of the All India Body/ Federation to which

aﬃ liated.

Aﬃ liation number.

Membership fee per month/per quarter/per half-

year/per year.

Male

Female

Total

10. Number of members / Trade Unions on books

at the beginning of the year.

11.

Number of Members/ Trade Unions admitted

during the year.

12. Number of members/ Trade Unions who left

during the year.

13. Number of members/ Trade Unions on books at

the end of the year (i.e. on 31st March, 20……).

14. Number of members/ Trade Unions contributing

to political fund.

15. ^{Number of members/ Trade Unions who paid their subscription}

for the whole year (list

enclosed).

16. ^{A copy of the rules of the Trade Union corrected upto}

the date of despatch of this return is appended.

17. Part B of the return overleaf has been duly completed.

Secretary.

*lf the union falls under more than one category, the membership claimed in each category may be shown separately.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART B

Income and Expenditure Account

Income

Expenditure

Rs. .P

Balance at beginning of Year

Subscription from members (including

unpaid subscriptions due for the

year)

(a) Subscription received

(b) Subscription in arrears for three

months or less

than three months. Donations

Sales of periodicals, books, rules, etc.

Interest on investments Income

from miscellaneous sources (to be

speciﬁ ed).

Salaries and allowances of -- oﬃ ce-

bearers

Travelling allowance, salaries,

allowances and expenses of

establishments.

Auditor‘s fees

Legal expenses

Expenses in conducting trade

disputes

Compensation paid to members for

loss arising out of trade disputes --

Funeral, old age, sickness,

unemployment beneﬁ ts, etc.

Educational, Social and religious

beneﬁ ts.

Cost of publishing periodicals, Rents,

rates and taxes -- Stationery, printing

and postage

Expenses incurred under section 15

(j) of the Trade Unions Act, 1926 (to

be speciﬁ ed).

Other expenses (to be speciﬁ ed).

Balance at the end of year

Total

PART C

Political Fund Account

Balance at beginning of

year

Rs. P

Payments made on objects

Speciﬁ ed in Rule 24(2)

(to be speciﬁ ed)

Rs. P

Contributions from

members at

per

member

Expenses of management

(to be fully speciﬁ ed)

Balance at end of year.

Total

Treasurer

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

PART D

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

Liabilities

Assets

Rs. P

Amount of general

Fund

Cash

In hands of Treasurer

Amount of political

Fund

In hands of Secretary

In hands of

Loans from

In the ……….Bank

Debts dues to

Securities as per list below

Unpaid subscriptions due for

―(a) the year

Other Liabilities (to be

*(b) previous year

speciﬁ ed)

Loans to

(a) Oﬃ ce-bearers

(b) Member

Immovable property

Goods and furniture

Other assets (to be speciﬁ ed)

Total liabilities

Total assets

PART E

List of Securities

Particulars

Face value

Cost price

Market price at date on

which accounts

have been made up

In hands of

(1)

(2)

(3)

(4)

(5)

Treasurer.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

AUDITOR’S REPORT

I have audited the foregoing ―General Fund Account, in Part B and the Political Fund Account in Part C of the (name of

the Trade Union) for the ending and also the statements of Liabilities and Assets in Part D and the List of Securities in Part E

of the said Trade Union as on and report that -

(i)

I have obtained all the information and explanations and have had access to all the books and accounts of the Trade

Union which were necessary for the purpose of my audit;

(ii)

The Trade Union has properly maintained its membership register and its books of accounts as required by law;

(iii) (Subject to whatever remarks or qualiﬁ cations the auditor wants to make). In my opinion and to the best of my

information and according to the explanations given to me, the foregoing accounts, statements and lists have been properly

drawn up and they give a true and correct view of income and expenditure, assets and liabilities of the Trade Union.

NOTE :.- If the state of account is such that the Auditor is unable to express the opinion on the “true and correct” aspect

of the accounts, statement and the list, he should state his reasons therefor.

Auditor

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM XII

(see rule 28(1))

APPLICATION FOR RECOGNITION AS A STATE LEVEL TRADE UNION

Name of the Trade union / Federation of Trade Unions.................................................................

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

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

To.

The Secretary to the Government,

Labour Welfare and Skill Development Department,

Government of Tamil Nadu

(or)

The Authorized Oﬃ cer (Designation)

Dear Sir,

I am to state that at the general meeting of the members/at the meeting of the executive of the above-mentioned Trade

Union / Federation of Trade Unions which was held at on the day of............. 20...., it was resolved that the union should apply

to you for recognition as State Level Trade Union under sub section (2) of Section 27 of the Industrial Relations Code, 2020

(Central Act 35 of 2020). A copy of the resolution in this behalf signed by the President/Chairman of the Trade Union is enclosed.

The Trade Union is duly registered on the ........................... day of........year, under Certiﬁ cate No...............................

.........issued by the Registrar of Trade Unions, (Place).

A copy of the rules of the Trade Union is attached.

The address of the head office of the Trade Union to which all the communications may be

addressed is...........................................

The Trade Union has aﬃ liation of other trade unions in the state, list of such trade unions and their addresses,

registration details and membership etc. is attached herewith.

The Trade Union has total ......................members (number) in the state (District Wise , Trade Union wise membership)

Yours faithfully,

General Secretary/Secretary.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM XIII

REGISTER FOR CERTIFIED STANDING ORDERS

[see rule 36(1)]

Name of the Region …………………………..

Name of the District ……………………………

Unique No:

Subsequent Modiﬁ cation

Modiﬁ cation

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

(19)

(20)

(21)

(22)

(23)

(24)

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM-XIV

NOTICE OF CHANGE OF SERVICE CONDITIONS PROPOSED BY AN EMPLOYER

[see rule 38(1)]

Name of employer................................................................................................

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

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

In accordance with section 40(1) of Industrial Relation Code, 2020 (Central Act 35 of 2020) I/We hereby give notice to all

concerned that it is my/our intention to eﬀ ect the change/changes speciﬁ ed in the annexure, with eﬀ ect from ............. in the

conditions of service applicable to workers in respect of the matters speciﬁ ed in the Third Schedule to the said Code

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

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

ANNEXURE

(Here specify the change/changes intended to be eﬀ ected)

Copy forwarded to:

(1) The Secretary of registered Trade Union, if any.

(2) The Conciliation Oﬃ cer of the Concerned area.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM -XV

(AGREEMENT FOR VOLUNTARY ARBITRATION)

[see rule 39(1)]

BETWEEN

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

And

………………….Representing worker

It is hereby agreed between the parties to refer the following dispute to the arbitration of ........................ [here specify the

name(s) and address(es) of the arbitrator (s).

(i)

Speciﬁ c matters in dispute.

(ii)

Details of the parties to the dispute including the name and address of the Industrial establishment or undertaking

involved.

(iii) Name of the worker in case he himself is involved in the dispute or the name of the Trade Union, if any, representing

the worker or workers in question.

(iv) Total number of workers employed in the industrial establishments aﬀ ected.

(v) Estimated number of workers aﬀ ected or likely to be aﬀ ected by the dispute.

*We further agree that the majority decision of the arbitrators shall be binding on us. In case, the arbitrators are equally

divided in their opinion they shall appoint another person as umpire whose award shall be binding on us.

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

(here specify the period agreed upon by the parties) from the date of publication of this agreement in the Oﬃ cial 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 Oﬃ cer [here enter oﬃ ce address of the Conciliation Oﬃ cer for the area concerned].

(ii)

The Secretary, Labour welfare and Skill Development Department, Government of Tamil Nadu.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM–XVI

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

(AUTHORISATION BY A WORKER, GROUP OF WORKERS, EMPLOYER, GROUP OF EMPLOYERS TO BE

REPRESENTED IN A PROCEEDING).

Before the Authority

(Here mention the authority concerned)

In the matter of:.

(mention the name of the proceeding )

.............................................workers Versus

…………………………………….Employer

I / we hereby authorise Thiru / Thiruvalargal

(if representatives are more than one)

1.........2............3

to represent me/us in the above matter.

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

Accepted

Signature of person(s) nominating the representative(s)

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM- XVII

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

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

OF STATE INDUSTRIAL TRIBUNAL

I, A, B., having been appointed as Judicial Member / Administrative Member of State Industrial Tribunal (Name of the Tribunal)

do solemnly aﬃ rm / do swear in the name of God that I will faithfully and conscientiously discharge my duties as the Judicial

Member/Administrative Member of the State Industrial Tribunal (Name of the Tribunal) to the best of my ability, knowledge and

judgment, without fear or favour, aﬀ ection or ill-will and that I will uphold the Constitution and the laws of the land.

(Signature)

Place :

Date:

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM–XVIII

[see rule 45(1)]

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

THE CONCILIATION OFFICER)

Before…………… (here mention the name of the Industrial Tribunal having jurisdiction over the area)

In the matter of

:............................................ Applicant

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

Versus

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

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

The above mentioned applicant begs to state as follows :-

(Here set out the relevant facts and circumstances of the case).

The applicant prays that the instant dispute may please be admitted for adjudication and request to pass appropriate Award.

Place …......

Date …........

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Form-XIX

(see rule 46)

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

Name of ﬁ ve elected representatives of workers……………………………………………..

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

(The name of the employer).

Dear Sir/Sirs,

In accordance with the provisions contained in sub-section (1) of section 62 of the Industrial Relations Code, 2020 (Central Act

35 of 2020), I / We hereby give you notice that I / we propose to call a strike / we propose to go on strike on ………..20….. ,

for the reasons explained in the annexure.

Yours faithfully,

(Secretary of the Trade Union)

Five representatives of the workers duly elected at a meeting held on ...............................(date),vide resolution attached.

ANNEXURE

STATEMENT OF THE CASE

Copy to:

(1) Conciliation Oﬃ cer of the Concerned area.

(2) The Commissioner of Labour.

(3) The Secretary, Labour Welfare and Skill Development Department, Government of Tamil Nadu.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM-XX

(see rule 47)

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

Name of employer ..........................................................................................................

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

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

In accordance with the provisions of 62(2) of the Industrial Relations Code, 2020 (Central Act 35 of 2020), we hereby

give notice to all concerned that it is my/our intention to eﬀ ect lock out in..,..........................................................department(s),

section(s) of my/our establishment with eﬀ ect from

for the reasons explained in the annexure.

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

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

ANNEXURE

Statement of reasons

Copy forwarded to:

(1) The Secretary of the Registered Trade Union, if any

(2) Conciliation oﬃ cer

[Here enter oﬃ ce address of the concerned area.]

(3) The Commissioner of Labour, Chennai – 600 006.

(4) The Secretary, Labour Welfare and Skill Development Department, Government of Tamil Nadu.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Form-XXI

(see rules 48 and 50)

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

( To be submitted online. In case of exigencies, on paper in the prescribed format below)

Name of Industrial Establishment /Undertaking/ Employer……………………………….

Address…………………………………………………………………….

Dated………………..

(Note: The intimation for Closure/Retrenchment to the State Government shall be served 60 days and 30 days before

commencement of Closure and Retrenchment, respectively)

The Secretary,

Labour Welfare and Skill Development Department,

Chennai.

1. *(Retrenchment) (a) under section 70(c) of the Industrial Relations Code, 2020 (Central Act 35 of 2020),, I/ we* hereby

intimate you that I*/we* have decided to retrench…………………………… workers** out of a total of …………….. Workers**

with eﬀ ect from…………….. (DD/MM/YYYY)

*(Closure) (b) under section 74(1) of the Industrial Relations Code, 2020 (Central Act 35 of 2020), I / we* hereby intimate

you that I*/we* have decided to close down,…………………………………. (Name of the industrial establishment or undertaking)

with eﬀ ect from……………………. (DD/MM/YYYY). The number of workers whose services would be terminated on account of

the closure of the undertaking is………….. (number of workers)

2. The reason for Retrenchment / Closure is ……………………………………………………………………………..

3. * The worker(s)* concerned were given on the…………………….. (DD/MM/YYYY) one month‘s notice in writing as required

under section70(a)*/ section 75(1)* of the Industrial Relations Code, 2020 (Central Act 35 of 2020).

* The worker(s) concerned have been given on the………………. (DD/MM/YYYY) one month‘s pay in lieu of the notice as

required under section 70(a)*/ section 75(1)* of the Industrial Relations Code, 2020 (Central Act 35 of 2020).

4. * I*/We* hereby declare that the worker(s) concerned have been*/will be* paid all their dues along with the compensation

due to them under section 70* / section 75* of the Industrial Relations Code, 2020 (Central Act 35 of 2020) before or on the

expiry of the notice period.

*I / We* hereby state that currently Insolvency proceedings are on in respect of the said Industrial Establishment/Undertaking/

Employer, and that I */we* will pay all the dues along with the compensation due to them under concerned laws.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

5. (Retrenchment) I/we* hereby declare that the worker(s) concerned have been* / will be* retrenched in compliance to the

Section 71 and section 72 of the Industrial Relations Code, 2020 (Central Act 35 of 2020).

6. I*/ we* hereby declare that no court case is pending before any Court in the matter, and if yes, the details thereof have

been annexed.

7. I*/ we* hereby declare that the above information given by me*/us* in this notice and the Annexures is true, I*/ we* am*/

are* solely responsible for its accuracy and no facts/ materials has been suppressed in the matter.

Yours faithfully,

(Name of Employer/ ***Authorized Representative with Seal)

(* Strike oﬀ which is not applicable.)

(** Indicate number in ﬁ gures and words both)

(***Copy of Authorization letter issued by the employer shall be enclosed)

Copy to :

(1) Conciliation Oﬃ cer of the Concerned area.

(2) Registered Trade Unions / Authorised Representative of workers operating in the establishment of undertaking.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

FORM – XXII

(see rules 51, 53 and 55)

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

(To be submitted online. In case of exigencies, on paper in the prescribed format below)

Name of Industrial Establishment or Undertaking or Employer…………………………..

Address……………………………………………………………………..

Dated…………..

( Note: The application to the State Government shall be served as indicated below: Lay-oﬀ : at least 15 days before the intended Lay-oﬀ .

Retrenchment – at least 60 days before the intended date of Retrenchment. Closure – at least 90 days before the intended

date of Closure)

The Secretary,

Labour Welfare and Skill Development Department,

Chennai.

1. *(Lay-oﬀ ) (a) Under section 78(2) of the Industrial Relations Code, 2020 (Central Act 35 of 2020) I */we* hereby apply

for permission to lay-oﬀ ……….. workers** out of total of ………………… workers** employed in my*/our* establishment (details

to be given in Annexure-I) with eﬀ ect from ……….. (DD/MM/YYYY).

*(Retrenchment) (c) Under section 79(2) of the Industrial Relations Code, 2020, (Central Act 35 of 2020) I */we* hereby

apply for permission for intended retrenchment of……………… workers out of total of ……….. workers** employed in my*/our*

establishment (details to be given in Annexure-I) with eﬀ ect from ……….. (DD/MM/YYYY).

*(Closure) (d) Under section 80(1) of the Industrial Relations Code, 2020, (Central Act 35 of 2020) I / we* hereby inform you

that I*/we* intended to close down the undertaking……………………………………………….. (name of the industrial establishment

or undertaking or employer) (details to be given in Annexure-1) with eﬀ ect from……………………. (DD/MM/YYYY). The number

of workers whose services would be terminated on account of the closure of the undertaking is…………… (number of workers)

2 . * ( L a y - o f f ) T h e w o r k e r ( s ) c o n c e r n e d w e r e g i v e n o n … … … … … . . ( D D / M M / Y Y Y Y )

notice in writing as required under section 78(2)*/ section 78(3)* of the Industrial Relations Code, 2020 (Central Act 35 of 2020).

*(Retrenchment/ Closure) The worker(s) concerned were given on……………. (DD/MM/YYYY) one month‘s notice in writing

as required under section 79*/ section 80* of the Industrial Relations Code, 2020 (Central Act 35 of 2020).

*(Retrenchment/ Closure) The worker(s) have been given on………. (DD/MM/YYYY) one month‘s pay in lieu of notice as

required under section 79*/ section 80* of the Industrial Relations Code, 2020 (Central Act 35 of 2020).

3. The details of aﬀ ected worker(s) is at Annexure II.

4. (Retrenchment) I*/we* hereby declare that the workers concerned will be retrenched in compliance to the Section 71

and section 72 of the Industrial Relations Code, 2020 (Central Act 35 of 2020).

5. *I/We* hereby declare that the worker(s) concerned have been*/will be* paid all the dues and compensation due to them

under section 67, read with section 78(10)*/ section 79* / section 80* of this Code before or on the expiry of the notice period.

*I/We hereby state that currently Insolvency proceedings are on in respect of the said Industrial Establishment/Undertaking/

Employer, and that I*/we* will pay all the dues along with the compensation due to them under concerned laws.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

6. I/ we* hereby declare that no court case is pending before any Court in the matter, and if yes, the details thereof have

been Annexed.

7. I/ we hereby declare that the above information given by me/ us* in this notice and enclosures is/ are* true, I/ we am/

are solely responsible for its accuracy and no facts/ materials has been suppressed in the matter.

The permission sought for may please be granted.

Yours faithfully,

(Name of Employer/ ***Authorised Representative with Seal)

(* Strike oﬀ which is not applicable.)

(** Indicate number in ﬁ gures and word both)

(***Copy of Authorization letter issued by the employer shall be enclosed)

ANNEXURE I

(Please give replies against each item)

Name of the undertaking with complete postal address, email, mobile

and land line.

Status of undertaking—

(i) Whether Central public sector/State public sector/ etc,

(ii) Whether a private limited company/ partnership ﬁ rm/ partnership ﬁ rm

(ii) Whether the undertaking is Licensed/registered and, if so, name of

licensing/ registration authority and licence/registration certiﬁ cate

numbers.

(a) MCA Number

(b) GSTN Number

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

(ii) Production ﬁ gures, month-wise, for the preceding twelve months,

Audit report of establishment/ undertaking including Balance sheets, proﬁ t

and loss accounts for the last three years.

To be annexed

Names of the inter-connected companies or companies under the same

management.

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

including the periods of such lay-oﬀ s/ Retrenchment the number of

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

lay oﬀ

Any other relevant details which have bearing on lay-oﬀ / continuation of

lay oﬀ / retrenchment/ closure.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

ANNEXURE II

(Details of aﬀ ected workers)

Sl.

UAN /

CMPFO

Name of the

Worker