Rule 3. Memorandum of settlement under clause (zi) of section 2

(1) The settlement arrived at in the course of conciliation proceedings or otherwise, shall be in FORM-I.

(2) The settlement shall be signed by,-

(a) on behalf of an employer, by the employer himself, or by his authorized agent, or when the employer is an incorporated Company, or other body corporate, by the agent, manager or other principal officer of the corporation or such other body;

(b) on behalf of workers , any of the following officers of Trade Union, namely:-(i) the President;

(ii) the Vice-President;

(iii) the Secretary (including the General Secretary); and

(iv) a Joint Secretary;

(v) any other officer of the Trade Union authorized in this behalf by the President and Secretary of the Union;

(vi) five representatives of workers duly authorized in this behalf at the meeting of the workers held for the purpose;

(vii) In case of an industrial dispute between individual worker and employer, by the worker(s) concerned.

(3) Where the settlement is arrived at in the course of conciliation proceedings, the Conciliation Officer shall send a report thereof to the State Government together with a copy of the memorandum of settlement signed by the parties to the dispute.

(4) Where a settlement is arrived at between an employer and his worker otherwise than in the course of conciliation proceedings before a Conciliation Officer, the parties to the settlement shall jointly send a copy thereof electronically or by speed post or by registered post, to the Labour Commissioner.

(5) The Conciliation Officer shall file all settlements effected under this Code in respect of industrial disputes in the area within his jurisdiction in the register maintained electronically or otherwise. The register shall contain the details including serial number, name of the industry, parties to the settlement, date of settlement, remarks and whether settlement was effected at the intervention of Conciliation Officer or by mutual negotiation:

Provided that signature of conciliation officer on the agreement shall not be necessary where the agreement for settlement is arrived at outside conciliation;

Provided further that nothing in this rule shall prohibit a settlement between a worker or workers or Trade Union and an employer on mutually agreed terms and such settlement may be in the form other than FORM-I.