The Himachal Pradesh Industrial Relations Rules, 2022 (Draft)

Aug 12, 2022 | by TeamLease RegTech Legal Research Team

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Labour ComplianceThe Government of Himachal Pradesh on July 23, 2022, issues the Himachal Pradesh Industrial Relations Rules, 2022 to suppress the Himachal Pradesh Industrial Disputes Rules, 1974, the Industrial Employment (Standing Orders) Himachal Pradesh Rules, 1973 and the Himachal Pradesh Trade Unions Regulations, 1978.

The following provisions have been stated, namely: 

• Written Agreement for the settlement before the Conciliation Officer under clause (zi) of section 2.- 

The Agreement under clause (zi) of section 2 for written agreement between the employer and worker shall be in the form specified in FORM-I and shall be signed by the parties in the agreement and a copy thereof shall be sent to the concerned Conciliation Officer.

• Constitution of Works Committee under section 3.- 

o Every employer to whom an order made under sub-section (1) of section 3 relates shall forthwith proceed to constitute a Works Committee by general or special order.

o The number of members constituting the Works Committee shall be fixed so as to afford representation to the various categories, groups and class of workers engaged in, and to the sections, shops or departments of the establishment:

Provided that the total number of members of the Works Committee shall not exceed twenty:

Provided further that the number of representatives of the worker in the Works Committee shall not be less than the number of representatives of the employer.

Subject to the provisions of this rule, the representatives of the employer in the Works Committee shall be nominated by the employer and shall, as far as may be possible, be officials in direct touch with, or associated with, the working of the industrial establishment.

o Where worker of the industrial establishment are member of a registered Trade Union, the employer shall ask such Trade Union to inform him in writing as to how many of the workers are members of such Trade Union; and

o where an employer has reason to believe that the information furnished to him under clause (a) by the registered Trade Union is false, he may, after informing such Trade Union, refer the matter to the Labour Officer of the area concerned, who shall, after hearing the parties, shall decide the matter and his decision shall be final.

o On receipt of the information called for under sub-rule (4), the employer shall provide for the selection of worker‘s representative on the Committee in two following groups, namely:-

o registered Trade Union may choose their representatives as members for works committee in the proportion of their membership; and

o where there is no registered Trade union, workers may choose amongst themselves representatives for works committee.

o The Works Committee shall have among its office-bearers a Chairman, a Vice- Chairman, a Secretary and a Joint-Secretary. The Secretary and the Joint-Secretary shall be elected every year;

o 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;

o the Vice-Chairman shall be elected by the members, on the Works Committee representing the workers, from amongst themselves:

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

o 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 that the post of the Secretary or the Joint Secretary, as the case may be, shall not be held by a representative of the employer or the worker for two consecutive years:

Provided further that the representatives of the employer shall not take part in the election of the Secretary or Joint Secretary, as the case may be, from amongst the representatives of the worker and only the representatives of the worker shall be entitled to vote in such elections ; and

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

o the term of office of the representatives on the Works Committee other than member chosen to fill a casual vacancy shall be two years;

o a member chosen to fill a casual vacancy shall hold office for the unexpired term of his predecessor; and

o a member who without obtaining leave from the Works Committee, fails to attend three consecutive meetings of the Committee shall forfeit his membership.

o In the event of worker‘s representative ceasing to be a member under clause (c) of sub-rule (7) or ceasing to be employed in the establishment or in the event of his resignation, death or otherwise, his successor shall be chosen in accordance with the provisions of this rule from the same group to which the member vacating the seat belonged.

o 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.

o the Works Committee may meet as often as necessary but not less often than once in three months ; and

o the Works Committee shall at its first meeting regulate its own procedure.

o the employer shall provide accommodation for holding meetings of the Works Committee. He shall also provide all necessary facilities to the Works Committee and to the members thereof for carrying out the work of the Works Committee. The Works Committee shall ordinarily meet during working hours of the industrial establishment concerned on any working day and the representative of the workers shall be deemed to be on duty while attending the meeting ; and

o 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.- 

o The Grievance Redressal Committee shall consist of equal number of members representing the employer and the workers, which shall not exceed ten.

o The representatives of the employer shall be nominated by the employer and shall, as far as may be possible, be officials in direct touch with or associated with the working of the industrial establishment, preferably the heads of major departments of the industrial establishment.

o 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 coterminous with the tenure of the members of the registered Trade Union :

Provided further that in the absence of registered Trade Union, the tenure of members of Grievance Redressal Committee shall be for a period of two years from the date of the constitution of the Grievance Redressal Committee ;

o Where workers of the industrial establishment are members of a registered Trade Union, the employer shall ask such Trade Union to inform him in writing as to –

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

o where an employer has reason to believe that the information furnished to him under clause (a) by the registered Trade Union is false, he may, after informing such Trade Union, refer the matter to the Labour Officer of the area concerned who shall, after hearing the parties, shall decide the matter and his decision shall be final.

• On receipt of the information called for under sub-rule (4), the employer shall provide for the selection of worker‘s representative on the Committee by two following groups, namely:-

o registered Trade Union may choose their representatives as members for Grievance Redressal Committee in the proportion of their membership; and

o such workers who are not member of registered Trade Union, may choose amongst themselves representatives for the Grievance Redressal Committee.

• Application in respect of any dispute to be filed before the Grievance Redressal Committee by any aggrieved worker under sub-section (5) of section 4.-

 Any aggrieved worker may file an application stating his dispute therein before the Grievance Redressal Committee giving his name, designation, employee Code, Department where posted, length of service in years, category of worker, address for correspondence, contact number, details of grievances and relief sought. Such application may be sent electronically or otherwise. The Grievance may be raised within one year from the date on which the cause of action of such dispute arises.

• 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 before the Conciliation Officer of the area concerned through speed post or by registered post or through the State Portal which would be developed by the Government   of Himachal Pradesh on the analogy of the Samadhan Portal of the Ministry of Labour and Employment, Government of India, within a period of sixty days from the date of the decision of the Grievance Redressal Committee or from the date on which the period specified in sub- section (6) of section 4 expires, as the case may be, to the conciliation officer through the Trade Union, of which he is a member or otherwise:

Provided that in case of manual receipt of such application through registered post or speed post, the conciliation officer shall get the same digitized and enter the particulars of the application in the aforesaid state portal subject to intimation to the concerned worker.

• Form of application for Registration of Trade Union under section 8.- 

Every application for registration of a Trade Union shall be made to the Registrar of Trade Union in ‘FORM-II’ electronically.

• Fee for Registration. -

The fee payable on registration of a Trade Union shall be Rs. 1000/- (One thousand Rupees)only.

• Registration and Cancellation of Trade Union under section 9.-

o The Register of Trade Union referred to in section 9 shall be maintained in ‘FORM-III.

o The certificate of Registration issued by the Registrar   under section 9 shall be in ‘FORM-IV’.

o The Registrar on receiving an application under sub-section (5)(i) of section 9 for the cancellation of registration shall, before granting approval to the application, shall satisfy himself that the withdrawal or cancellation of registration was approved by the general meeting of the Trade Union, or if it was not so approved, that it has the approval of the majority of the members of the Trade Union. For this purpose, he may call for such further particulars as he may deem necessary and may examine any office bearer of the union, the Registrar shall record the reasons and communicate the same to the Trade Union regarding cancellation of the  certificate.

o The Registrar can also cancel the registration of trade union on receiving the information under sub-section V(ii) of section 9 regarding contravention by the trade union of the provisions of this code.

• Appeal.- Any appeal made under section 10 of the Code must be filed within sixty days of the date on which the Registrar passed the order against which the appeal is made.

• Alteration of rules.-

o On receiving a copy of an alteration made in the rules of a Trade Union under section 11 (3) of the Code, the Registrar, unless he has reason to believe that the alteration has not been made in the manner provided by the rules of the Trade Union, shall register the alteration in a register to be maintained for this purpose and shall notify the fact that he has done so to the President/General Secretary of the Trade Union.

o The fee payable for registration of alterations of rules shall be Rs. 200/- (Two hundred rupees) for each set  of  alterations made simultaneously.

• Change of Name and amalgamation of  Trade  Unions under section 24.-

o The notice of any change of any name of a Trade Union shall be sent to the Registrar in ‘FORM-V’.

o The notice of every amalgamation of a Trade Union in duplicate shall be sent to  the  Registrar  in ‘FORM-VI’.

o When the Registrar registers a change of name or amalgamation under section 24, sub-section (5) and (6) respectively, he shall certify under his signature at the foot of the certificate that the new name or amalgamation has been registered.

• Dissolution of Registered Trade Union under section 25 (1).-When a registered trade union is dissolved, notice of dissolution shall be sent to the Registrar in ‘FORM-VII’.

• Division of Funds under section 25 (2).-

Where it is necessary for the Registrar, under section 25 (2) to distribute the funds of the Trade Union which has been dissolved he shall divide the funds in proportion to the amounts contributed by the members by way of subscription during their membership.

• Annual Returns.- 

The annual return to be furnished under section 26(1)(a) shall be submitted to the Registrar by the 31st day of December in each   year and shall be in ‘FORM-VIII.

• Annual Audit.- 

o The annual audit of the accounts of any registered Trade Union shall be conducted by an auditor authorised to audit the accounts of companies under section  144(1) of  the Indian Companies Act, 1913.

o Where the membership of a Trade Union did not at any time during financial year exceed j 2500, the annual audit of the accounts may be conducted :-

o by any examiner of local fund accounts; or

o by any local fund auditor appointed by the State Government; or

o by any person, who, having held an appointment under Government   in any audit or accounts department is in receipt of a pension of not less than j 200 per mensem.

o Where the membership of a Trade Union did not at any time during the financial year exceed j 750, the annual audit of the accounts may be conducted ,-

o by any two persons holding office as Magistrates or Judges or as members of any municipal council, district board, or legislative body; or

o by any person who, having held an appointment under Government in any audit or accounts department, is in receipt of a   pension   from Government of not less than Rs. 75/- a month; or

o by any auditor appointed to conduct the audit of any co-operative society by Government or by the Registrar of Co-operative Societies or by any State Co-operative organisation recognized by Government for this purpose.

o Where the membership of a Trade Union did not any time during the financial year exceed j 250, the annual audit of the accounts may be conducted by any two members of the Union.

o Where the Trade Union is a federation of Unions, and the number of unions affiliated to it at any time during the financial year did not exceed 50,

15 or 5 respectively, the audit of the accounts of the federation may be conducted as if it had not at any time during the year had membership of more than j 2,500, j 750 or j 250, respectively.

• Eligibility of person   to audit.- 

Notwithstanding anything contained in   rule 17, no person, who at any time during the year for which the accounts are to be audited was entrusted with any part of the funds or securities belonging to the Trade Union shall be eligible to audit the accounts of that Union.

• Access to books of Trade Union.- 

The auditor or auditors appointed in accordance with these rules shall be given access to all the books of the Trade Union and shall verify the annual return alongwith the accounts and vouchers relating thereto and shall thereafter sign the auditor's declaration appended to ‘FORM-VIII, indicating separately on that form under his signature or their signatures a statement showing in what respect he or they find the return to be incorrect, un-vouched or not in accordance with the Industrial Relations Code, 2020. The particulars  given in this  statement shall  indicate,-

o every payment which appears to be unauthorised by the rules of the Trade Union or contrary to the provisions of the Industrial Relations Code, 2020;

o the amount of any deficiency or loss which appears to have been incurred by the negligence or misconduct of any person; and

o the amount of any sum which ought to have been put is not brought to account by any person.

• Audit of Political Fund.- 

The audit of the 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 or auditors.

• Inspection of Register of Trade Union.-

o The register of Trade Unions maintained in accordance with rule 22 shall be open to inspection by any person on payment of a fee of Rs.100/- ( Rs. One Hundred) only.

o Any document in the possession of the Registrar received from a registered Trade Union may be inspected by any member of that Union on payment of a fee of  Rs.50/- (Rs. Fifty) only for  each  document inspected.

o Documents shall be open to inspection every day on which the office of the Registrar is open and within such hours as may be fixed for this purpose by the Registrar.

o The Registrar may supply a copy of any such document to a registered Trade Union or a member thereof on payment of Rs.200/-(Two Hundred) only for every hundred pages or fractional part thereof.

• Maintenance of books by the Trade Union.- 

Every registered trade union shall maintain the  following books  and registers to facilitate the  audit of  its accounts :-

o Register of membership and subscriptions in ‘FORM- IX’.

o Register or  receipts  and  disbursements  of  the General Fund  Account.

o Minutes bo ok to record  the proceedings of  all meetings.

o Register of Stock and Plant to show the furniture, fittings and valuable documents relating to  the  immovable property of the  union.

o Machine numbered subscription receipt book.

o Register of receipts and disbursements for the Political Fund (if there is a Political  Fund).

o A file of vouchers.

• Manner of forwarding information to certifying officer under sub-section (3) of section 30- 

o If the employer adopts the model standing order of the Central Government referred to in section 29 with respect to matters relevant to his industrial establishment or undertaking, then, he shall intimate the concerned certifying officer electronically the specific date from which the provisions of the model standing order which are relevant to his establishment have been adopted.

o On receipt of information in sub-rule (1) the certifying officer within a period of forty five days from such receipt may give his observation that the employer is required to include certain provisions which are relevant to his establishment and indicate those relevant provisions of the model standing orders which have not been adopted and shall also direct the employer to amend the standing order so adopted, by way of addition, deletion or modification within a period of thirty days from the date of the receipt of such direction and ask for compliance report only in respect of provisions which the certifying officer seeks to get so amended and such report shall be sent electronically by the employer.

o If no observation is made by certifying officer within a period of forty five days of the receipt of the information as specified in sub-rule (1) and (2), then, the standing order shall be deemed to have been adopted by the employer.

• Manner of choosing representatives of workers of the industrial establishment or undertaking for issuing notice by certifying officer where there is no Trade Union operating, under clause (ii) of sub-section (5) of section 30. – 

Where there is no such Trade Union as is referred to in clause (i) of sub-section (5) of section-30, then, the certifying officer shall call a meeting of the workers to choose three representatives, to whom he shall, upon their being chosen, forward a copy of the standing order requiring objections, if any, which the workers may desire to make to the draft standing order to be submitted within fifteen days from the receipt of the notice.

• Manner of authentication of certified standing orders under sub-section (8) of section 30.- Standing orders or modification in the standing orders, certified in pursuance of sub-section (8) of section 30 or the copies of the order of the appellate authority under sub-section (1) of section 33 shall be authenticated by the certifying officer or the appellate authority, as the case may be, and shall be sent electronically within a week to all concerned, but there shall not be any requirement of certification in cases of deemed certification under sub-section (3) of section 30 and in cases where the employer has certified adoption of model standing orders.

• Statement to be accompanied with draft standing orders under sub-section (9) of section 30.- A statement to be accompanied with-

o 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

o draft modification in the existing standing orders, shall contain the particulars of such standing orders which are proposed to be modified along with a tabular statement containing details of each of the relevant provision of standing order in force and proposed modification therein and reasons thereof and such statement shall be signed by a person authorized by the industrial establishment or undertaking.

• Conditions for submission of draft standing order in similar establishment under sub-section (10) of section 30.- 

In cases of group of employers engaged in similar industrial establishments (manufacturing similar kind of products or providing similar kind of services) may submit a joint draft standing order under section 30 and for the purpose of proceedings specified in sub-sections (1), (5), (6), (8) and (9) thereof after consultation with the concerned Trade Union:

Provided that the joint draft standing orders, in cases of group of employers engaged in similar industrial establishments (manufacturing similar kind of products or providing similar kind of services), will be drafted and submitted to the Labour Commissioner or Joint Labour Commissioner, Himachal Pradesh who shall, in consultation with the concerned certifying officers, certify or refuse to certify the said joint draft standing order, after recording reasons thereof.

• Manner of disposal of appeal by appellate authority under section 32.- 

o An employer or Trade Union desirous of preferring an appeal against the order of the certifying officer given under sub-section (5) of section 30 shall within sixty days of the receipt of such order draw up a memorandum of appeal in tabular form stating therein the provisions of the standing orders which are required to be altered or modified or deleted or added and reasons thereof and shall be filed electronically to the appellate authority.

o The appellate authority shall fix a date for the hearing of the appeal and direct notice thereof to be given,-

o where the appeal is filed by the employer or a worker, to Trade Union of the workers of the industrial establishment or to the representative body of the workers concerned or to the employer, as the case may be;

o where the appeal is filed by a Trade Union, to the employer and all other Trade Unions of the workers of the industrial establishment; and

o where the appeal is filed by the representative of the workers, to the employer and any other worker whom the appellate authority joins as a party to the appeal.

o The appellant shall furnish each of the respondents with a copy of the memorandum of appeal.

o The appellate authority may at any stage of the proceeding call for any evidence, if it considers necessary for the disposal of the appeal.

o On the date fixed under sub-rule (2) 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.

• The language and the manner of maintaining standing order under sub-section (1) and (2) of section 33.- 

o The standing order finally certified by certifying officer shall be sent electronically except in the case of deemed certification under section 30.

o The text of the standing order as finally certified or deemed to have been certified or adopted model standing order under this Chapter shall be maintained by the employer in Hindi and in English versions.

• Register for final certified copy of Standing Order under section 34.- 

o The certifying officer shall maintain electronically, a register of all standing orders certified or deemed to have been certified or adopted model standing orders of all the concerned industrial establishments, inter-alia, containing the details of –

o the unique number assigned to each standing order;

o name of industrial establishment;

o nature of industrial establishment;

o date of certification or deemed certification or date of adoption of model standing order by each establishment or undertaking;

o the areas of the operation of the industrial establishment; and

o 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.

o The certifying officer shall furnish a copy of the certified standing orders or deemed certified orders to any person applying there for on payment of twenty rupees per page of the certified standing orders or deemed certified standing orders, as the case may be. The payment for such purpose can also be made through electronic mode.

• Application for modification of Standing Order under sub-section (2) of section 35.-

 The application for modification of an existing standing order under sub-section (2) of section 35 shall be submitted electronically and contain the particulars of such standing orders which are proposed to be modified along with a tabular statement containing details of each of the relevant provisions of standing order in force, and proposed modifications therein, reasons thereof and the details of registered Trade union(s) operating therein, and such statement shall be signed by a person authorized by the industrial establishment or undertaking.

• The manner of giving of notice for change proposed to be effected under clause (i) of section 40.- 

o Any employer intending to effect any change in the conditions of service applicable to any worker in respect of any matter specified in the Third Schedule to the Code, shall give notice in FORM-X to such worker affected by such change.

o 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 office of the concerned Manager of the industrial establishment:

Provided that where there is a registered Trade Union or registered Trade Unions relating to the industrial establishment a copy of such notice shall also be served to the Secretary of such Trade Union or each of the Secretaries of such Unions, as the case may be.

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

o Where the employer and workers agree to refer the dispute to arbitration, the Arbitration Agreement shall be in FORM-XI and shall be signed by the parties to the agreement. The agreement shall be accompanied by the consent either in writing or electronically of arbitrator or arbitrators.

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

o in case of an employer, by the employer himself, or when the employer is an incorporated company or other body corporate, by the agent, manager or other officer of the corporation authorized for such purposes;

o in the case of the workers by the officer of the registered Trade Union authorized in this behalf or by three representatives of the workers duly authorized in this behalf at a meeting of the concerned workers held for such purpose; and

o In the case of an individual worker, by the worker himself or by an officer of registered Trade Union of which the worker is a member.

o Explanation.- (i) In this rule, the expression ‘officer’ means any officer of a registered Trade Union or an association of the employer authorized for such purpose;

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

o the President;

o the Vice-President;

o the Secretary (including the General Secretary);

o a Joint Secretary; and

o any other officer of the Trade Union authorized in this behalf by the President and Secretary of the union.

• Manner of issue of notification under sub-section (5) of section 42.- 

Where an industrial dispute has been referred to arbitration and the State Government is satisfied that the persons making the reference represent the majority of each party, it shall publish a notification in this behalf in the Official Gazette and electronically for the information of the employers and workers who are not parties to the arbitration agreement but are concerned in the dispute and they may present their case before the arbitrator or arbitrators appointed for such purpose.

• Manner of choosing representatives of workers where there is no Trade Union under sub section (5) of section 42.- 

Where there is no Trade Union, the representative of workers to present their case before the arbitrator or arbitrators in pursuance of clause (c) of the proviso to sub-section (5) of section 42, shall be chosen by a resolution passed by the majority of concerned workers in FORM-XII authorizing therein to represent the case. Such workers shall be bound by the acts of representatives who have been authorized to represent before the arbitrator or arbitrators, as the case may be.

• Procedure for selection of Judicial Member of State Industrial Tribunal under section 44.- 

The Judicial Member of State Industrial Tribunal shall be appointed on the recommendation of High Court of Himachal Pradesh.

• Procedure for selection, salary and allowances and other terms and condition of Administrative Member of the State Industrial Tribunal  under section 44.-

o The Administrative Member appointed by the State Government shall be any retired IAS/HPAS officer of the State government having rendered at least 10 years of service in any Department, Public Sector Undertaking or Autonomous Body.

o The Administrative Member shall hold office for a term of four   years   from the date on which he enters upon his office or till he attains the age of sixty two years, whichever is earlier.

o The Administrative member shall be paid a salary of Rupees 1,50,000/- (fixed) per month. If person appointed as Administrative Member is getting pension from the State government, his salary shall be reduced by the amount of pension received.

o The Administrative Member shall be entitled for rent free furnished accommodation or house rent allowance at the rate as admissible to an officer of the State Government  holding Group  A  post  carrying the  same  pay.

o The Administrative Member shall also be entitled for conveyance allowance at the rate of Rs. 25,000/- per month or attached/hired vehicle for commuting purpose.

o The State Government shall be the leave sanctioning authority for the Administrative member.

o No person shall be appointed as Administrative member unless he is declared medically fit by an authority specified by the State Government in this behalf.

o An Administrative member may, resign his office at any time by giving notice to this effect in writing under his hand addressed to the State Government.

o Every person appointed as an Administrative Member shall, before entering upon his office, make and subscribe an oath of office and secrecy in the ‘FORM-XIII’ annexed to these  rules.

o The State Government shall have power to relax the provision of any of these rules in respect of any class or categories of persons for the reasons to be recorded in  writing.

• Manner of holding conciliation proceedings under sub-section (1), full report under sub-section (4), and application and the manner of deciding such application under sub-section (6) of section 53.- 

o Where any industrial dispute exists or is apprehended or a notice under section 62 has been given, the conciliation officer on receipt of such application shall examine the application and if he finds that the dispute pertains to the jurisdiction of the other Conciliation Officer, he shall transfer the dispute to the concerned authority. In other cases, he will issue first notice to the parties concerned declaring his intention to commence conciliation proceedings;

o the employer or the workers representative in the first meeting shall submit their respective statement in the matter of said dispute; and

o The conciliation officer shall hold conciliation proceedings for the purpose of bringing about a settlement of the dispute and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement.

o If no such settlement is arrived at in the conciliation proceedings referred to in sub- rule (1), the conciliation officer shall submit a report on the State Portal (which would be developed by the Government of Himachal Pradesh on the analogy of the Samadhan Portal of the Ministry of Labour and Employment, Government of India) or a hard copy/ soft copy (if feasible) of the report shall be supplied to the all parties to the dispute within seven days from the date on which the conciliation proceedings are concluded and made available on the said State Portal.

o The report referred to in sub-rule (2) shall be accessible to the parties concerned on the said State Portal.

o The report referred to in sub-rule (2) shall contain inter-alia the submissions of the employer, worker or Trade union, as the case may be, and it shall also contain the efforts made by the conciliation officer to bring the parties to the amicable settlement, reasons for refusal of the parties to resolve the dispute and the conclusion of the conciliation officer.

o Any dispute which is not settled during the conciliation proceedings, then, either of the concerned party may make an application in FORM-XIV, before the Tribunal through said State Portal of the Government of Himachal Pradesh or through electronic mode or through registered post within ninety days from the date of the report under sub-rule (3).

o In case of an industrial dispute which has not been settled during the conciliation proceedings, an application may be made before the Tribunal by either of the parties concerned for adjudication. The Tribunal shall direct the party raising the dispute to file a statement of claim with complete details along with relevant documents, list of supporting documents and witnesses within thirty days from the date on which application is filed. A copy of such statement may be sent electronically or through registered post or uploaded on the State Portal of the Government of Himachal Pradesh for service on each of the opposite parties in the dispute.

o The Tribunal after ascertaining that the copies of statement of claim and other related documents are furnished to the other side by the party raising the dispute, shall fix the first hearing as soon as possible and within a period of one month from the date of receipt of the application. The opposite party or parties shall file their written statement together with supporting documents and the list thereof and list of witnesses, if any, within a period of thirty days from the date of first hearing and simultaneously forward a copy thereof to the opposite party or parties for service.

o Where the Tribunal finds that the party raising the dispute, despite its directions, did not forward the copy of the statement of claim and other documents to the opposite party or parties, it shall give directions to the concerned party to furnish the copy of the statement to the opposite party or parties, granting extension of fifteen days for filing the statement, if the Tribunal finds sufficient cause for not filing the statement of claim and other documents within time.

o Evidence shall be recorded in Tribunal or may be filed on affidavit but in the case of affidavit the opposite party shall have the right to cross-examine each of the deponents filing the affidavit. Where the oral examination of each witness proceeds, the Tribunal, shall make a memorandum of the substance of what is being deposed. While recording the oral evidence the Tribunal shall follow the procedure laid down in rule 5 of Order XVIII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908).

o On completion of evidence, arguments may be heard immediately or a date may be fixed for arguments, which shall not be beyond a period of 30 working days from the closure of evidence.

o 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.

o In case any party defaults or fails to appear at any stage, the Tribunal, may proceed with the case ex-parte, and decide the application in the absence of the defaulting party:

Provided that the Tribunal may on the application of either party filed before the submission of the award, revoke the order that the case shall proceed ex- parte, if it is satisfied that the absence of the party was on justifiable grounds, and proceed further to decide the matter as contested.

o The Tribunal, shall communicate its Award electronically to the parties concerned and to the State Government and upload on the State Portal within one month from the date of the pronouncement of the award. The State Government shall also publish the award in the Rajpatra (e-Gazette), Himachal Pradesh.

o 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 (2 of 1974).

o Where assessors are appointed to advise a Tribunal under sub-section (5) of section 49 in relation to proceeding before it, the Tribunal shall obtain the advice of such assessors, but such advice shall not be binding on the Tribunal.

o A party in an award, who wants to obtain a copy of the award or other document, may obtain a copy of the award or other document after depositing the fee electronically in the Tribunal, in the following manner, namely :-

o fee for obtaining a copy of an award or the document filed in any proceedings of Tribunal be charged at the rate of Rs. Ten per page ;

o for certifying a copy of any such award or order or document, a fee of Rs. Ten per page shall be payable ;

o copying and certifying fees shall be payable electronically ; and

o 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.

o The representatives of the parties appearing before a Tribunal shall have the right of examination, cross-examination and of addressing the Tribunal when evidence has been called.

o The proceedings before Tribunal shall be held in open court:

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

Provided further that Tribunal may at any stage direct that any witness shall be examined or its proceedings be held in-camera.

• Number of persons by whom the notice of strike shall be given, the person or persons to whom such notice shall be given and the manner of giving such notice under sub-section (4) of section 62. – 

The notice of strike referred to in sub-section (1) of section 62 shall be given to the employer of an industrial establishment in FORM-XV which shall be duly signed by the Secretary and five elected representatives of the registered Trade Union relating to such industrial establishment endorsing the copy thereof electronically or otherwise to the concerned Labour Inspector-cum- Conciliation Officer, Labour Officer of the area, Labour Commissioner Himachal Pradesh and State Government.

• Manner of giving notice of lock-out under sub-section (5) and authority under sub- section (6) of section 62. – 

o The notice of lock-out referred to in sub-section (2) of section 62 shall be given by the employer of an industrial establishment in FORM-XVI to the Secretary of every registered Trade Union relating to such industrial establishment endorsing a copy thereof to the concerned conciliation officer, Labour Commissioner, Himachal Pradesh and the State Government electronically. The notice shall be displayed conspicuously by the employer on a notice board or on electronic board at the main entrance to the industrial establishment.

o If the employer of an industrial establishment receives from any person employed by him any notice of strike as referred to in sub-section (1) of section 62 then he shall within five days from the date of receiving of such notice, intimate the same electronically to the concerned conciliation officer, Labour Officer of the area and Labour Commissioner, Himachal Pradesh.

o If the employer gives to any person employed by him a notice of lock-out, then he shall within five days from the date of such notice, intimate electronically the same to the concerned conciliation officer, Labour Officer of the area and Labour Commissioner, Himachal Pradesh.

• Manner of serving notice before retrenchment of the worker under clause (c) of section 70. –

If any employer desires to retrench any worker employed in his industrial establishment who has been in continuous service for not less than one year under him then, such employer shall give notice of such retrenchment, in FORM-XVII to the State Government, and the concerned Labour Officer and Labour Inspector-cum- Conciliation Officer through e-mail or, by registered or speed post.

• Manner of giving an opportunity for 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 filling up such vacancy, then, the employer of such industrial establishment shall offer 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 filling up of such vacancy.

• Manner of serving notice by the employer for intended closure under sub-section (1) of section 74. — 

If an employer intends to close down an industrial establishment he shall give notice of such closure in FORM-XVII to the State Government and a copy thereof to the Labour Commissioner, Himachal Pradeh, concerned Labour Officer and Labour Inspector , by e-mail or registered post or speed post.

• Manner of making application to the State Government by the employer for the intended lay-off and the manner of serving copy of such application to workers under sub-section (2) of section 78.- 

An application for permission under sub-section (1) of section 78 shall be made by the employer in FORM-XVIII stating clearly therein the reasons for the intended lay off and a copy of such application shall be served simultaneously to the worker concerned electronically and by registered post or speed post. Such application shall also be displayed conspicuously by the employer on a notice board or on electronic board at the main entrance of the industrial establishment.

• Manner for applying for permission from the State Government to continue the lay-off under sub-section (3) of section 78.- 

The employer shall in case of an industrial establishment being a mine specified in sub-section (3) of section 78 where the workers (other than Badli workers or casual workers) have been laid-off under sub-section (1) of section 78 for reasons of fire, flood or excess of inflammable gas or explosion, within a period of thirty days from the date of commencement of such lay-off,   apply to   the   State Government   electronically and by registered or speed post with a copy to the Labour Commissioner, Himachal Pradesh and the concerned officer of the area jurisdiction, for permission to continue the lay-off specifying the number of days; intimating the number of workers to be laid off, the total number of workers employed in the industrial establishment, the date of lay off and the reasons for continuation of such lay off.

• Time-limit for review under sub-section (7) of section 78.- 

The State Government may, either on its own motion or on the application made by the employer or any worker, review its order granting or refusing to grant permission under sub-section (4) of the section 78 within a period of thirty days from the date on which such order is made.

• Manner of making application to the State Government by the employer for the intended retrenchment and manner of serving copy of such application to workers under sub-section (2) of section 79.- 

An application for permission referred to in sub- section (1) of section 79 shall be made by the employer in FORM-XVIII stating clearly therein the reasons for the intended retrenchment electronically and a copy of such application shall also be sent to workers electronically and by registered post or speed post. Such application shall also be displayed conspicuously by the employer on a notice board or on electronic board at the main entrance to the industrial establishment.

• Time-limit for review under sub-section (6) of section 79.- 

The State Government may, either on its own motion or on the application made by the employer or any worker, review its order granting or refusing to grant permission under sub-section (3) of section 79 within a period of thirty days from the date on which such orders is made.

• Manner of making application to the State Government by the employer for intended closing down of an industrial establishment and the manner of serving copy of such application to the representatives of workers under sub-section (1) of section 80.- 

An employer who intends to close down an industrial establishment to which Chapter X of the Code applies shall apply electronically in FORM XVIII for prior permission at least ninety days before the date on which intended closure is to become effective to the State Government, stating clearly therein the reasons for the intended closure of the industrial establishment and simultaneously a copy of such application shall also be sent to the representatives of the workers electronically and by registered post or speed post.

• Time-limit for review under sub-section (5) of section 80.- 

The State Government may, either on its own motion or on the application made by the employer or any worker, review its order granting or refusing to grant permission under sub-section (2) of section 80 within a period of thirty days from the date on which such order is made.

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

Every employer who has retrenched a worker or workers under this Code, shall, within ten days, at the time of retrenching a worker or workers shall electronically transfer an amount equivalent to fifteen days of last drawn wages of such retrenched worker or workers in the account (name of the account shall be displayed on the website of the Labour and Employment Department, Himachal Pradesh to be maintained by the State Government. The fund so received shall be transferred by the State Government to each worker or worker’s account electronically within forty five days of receipt of funds from the employer and the worker shall utilize such amount for his re-skilling. The employer shall also submit the list containing the name of each worker retrenched, the amount equivalent to fifteen days of wages last drawn in respect of each worker along with their bank account details to enable the State Government to transfer the amount in their respective account.

• Manner of composition of offence by a Gazetted Officer specified under sub-section (1) of section 89 and the manner of making application for the compounding of an offence specified under sub-section (4) of section 89.-

o The officer notified by the State Government for the purposes of compounding of offences under sub-section (1) of section 89 (hereinafter referred to as the compounding officer), shall in the offences in which prosecution is not instituted, if the compounding officer is of the opinion that any offence under the Code for which the compounding is permissible under section 89, he shall send a notice through Samadhan Portal of the State Govt. ( if Launched by the State Govt.) or through electronic mode or through Registered post to the accused in FORM XIX consisting of three parts. In part I of such Form, the compounding officer shall interalia specify the name of the offender and his other particulars, the details of the offence and in which section the offence has been committed, the compounding amount required to be paid towards the composition of the offence. Part II of the Form shall specify the consequences if the offence is not compounded and Part III of the Form shall contain the application to be filed the accused if he desires to compound the offence. Each notice shall have a continuous unique number containing alphabets or numeric and other details such as officer sending notice, year, place, type of inspection for the purpose of easy identification.

o The accused to whom the notice referred to in sub-rule (1) is served, may send the Part III of the Form duly filled by him to the compounding officer electronically or by registered post and deposit the compounding amount electronically or otherwise, within fifteen days of the receipt of the notice, in the account specified by the compounding officer in the notice.

o Where the prosecution has already been instituted against the accused in the competent Court, he may make an application to the Court to compound the offence against him and the Court, after considering the application, may allow composition of the offence by the compounding officer in accordance with provisions of section 89.

o If the accused complies with the requirement of sub-rule (2), the compounding officer shall compound the offence for the amount of money deposited by the accused and,-

o if the offence is compounded before the prosecution, then no complaint for prosecution shall be instituted against the accused; and

o if the offence is compounded after institution of prosecution under sub-rule (3) with the permission of the Court, then, the compounding officer shall treat the case as closed as if no prosecution had been launched and will proceed in accordance with composition as under clause (a) and intimate the composition of offence to the competent Court in which the prosecution is pending and after receiving such intimation, the Court shall discharge the accused and close the prosecution.

o The compounding officer shall exercise the powers to compound the offence under this rule, subject to the direction, control and supervision of the State Government.

• Protected workers under sub-section (3) and (4) of section 90.- 

o Every registered Trade Union connected with an industrial establishment, to which the Code applies, shall communicate to the employer before the 30th April of every year, the names and addresses of such of the officers of the Union who are employed in that establishment and who, in the opinion of the Union should be recognized as “protected workers”. Any change in the incumbency of any such officer shall be communicated to the employer by the union within fifteen days of such change.

o The employer shall, subject to sub-section (3) and sub-section (4) of section 90, recognize such workers to be “protected workers” for the purposes of section 90 and communicate to the Union, in writing, within fifteen days of the receipt of the names and addresses under sub-rule (1), the list of workers recognized as protected workers for the period of twelve months from the date of such communication.

o Where the total number of names received by the employer under sub-rule (1) exceeds the maximum number of protected workers, admissible for the industrial establishment, under sub-section (4) of section (90), the employer shall recognise as protected workers only such maximum number of workers:

Provided that where there is more than one registered Trade Union in the industrial establishment, the maximum number shall be so distributed by the employer among the Unions that the numbers of recognized protected workers in individual Unions bear practicably by the same proportion to one another as the membership figures of the Unions. The employer shall in that case intimate in writing to the

President or the Secretary of the each concerned Union the number of protected workers allotted to it:

Provided further that where the number of protected workers allotted to a Union under this sub-rule falls short of the number of officers of the Union seeking protection, the union shall be entitled to select the officers to be recognised as protected workers. Such selection shall be made by the Union and communicated to the employer within five days of the receipt of the employer‘s letter in this regard.

o When a dispute arises between an employer and any registered Trade Union in any matter connected with the recognition of ‘protected workers’ under this rule, the dispute shall be referred to the Labour Officer of the area concerned, whose decision thereon shall be final.

• Manner of making complaint by an aggrieved worker under section 91- 

o Every complaint under section 91 of the Code shall be made electronically and by registered post or speed post in FORM-XX and shall be accompanied by as many copies as there are opposite parties mentioned in the complaint.

o Every complaint under sub-rule (1) shall be verified by the worker making the complaint or by authorized representative of the worker proved to the satisfaction of the conciliation officer, arbitrator or Tribunal as the case may be, to be acquainted with the facts of the case.

• Manner of authorization of worker for representing in any proceeding under sub- section (1) of section 94.- 

Where the worker is not a member of any Trade Union, then, any member of the executive or other office-bearer of any Trade Union connected with or by any other worker employed in the industry in which the worker is employed may be authorized by such worker to represent him in any proceeding under the Code relating to a dispute in which the worker is a party in FORM-XII.

• Manner of authorization of employer for representing in any proceeding under sub-section (2) of section 94- 

Where the employer, is not a member of any association of employers, may authorize in FORM-XII an officer of any association of employers connected with, or by any other employer engaged in, the industry in which the employer is engaged to represent him in any proceeding under the Code relating to a dispute in which the employer is a party.

• Submission of a copy each of the Form to the office of Director General, Labour Bureau under clause (zzf) of sub-section (2) of section 99. – 

A copy each of FORM- XV (notice of strike), FORM-XVI (notice of lockout), FORM-XVII (notice for intimation of retrenchment or closure to the State Government), FORM-XVIII (Application for permission of lay-off or retrenchment or closure), and FORM XIX (compounding of offences), shall be shared electronically with Director General, Labour   Bureau in auto-mode.

[Notification No. Shram (A)3-5/2021]


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