Home
State Rules
Arunachal Pradesh
IR Rules
Chapter VII
r. 38

IR Rules (Arunachal Pradesh)

Chapter I — Preliminary

r. 1Short title, application and commencement
r. 2Definition
r. 3Memorandum of settlement under clause (zi) of section 2

Chapter II — Bi-partite Forums

r. 4Constitution of Works Committee etc. under Section 3
r. 5Manner of Choosing of members from the employers and the workers for Grievance Redressal Committee under sub-section (2) of section 4
r. 6Application in respect of any dispute to be filed before the Grievance Redressal Committee by any aggrieved worker under sub-section (5) of section 4
r. 7Manner of filing application for the conciliation of grievance against the decision of the Grievance Redressal Committee to the conciliation officer under sub-section (8) of section 4

Chapter III — Trade Union

r. 8Payment for subscription by members of the Trade Union and donation from such members and others under clause (f) of section 7
r. 9Manner of annual audit under clause (j) of section 7
r. 10Form of declaration to be made by an affidavit and the manner of making the same under clause (a) of sub-section(1) of section 8
r. 11Form of general statement of the assets and liabilities of the Trade Union under sub-section (2) of section 8
r. 12Form of application for registration under sub-section (1) of Section 8, and the form of issuing certificate of registration to be issued by the Registrar to the applicant Trade Union under sub-section (2) of section 9
r. 13Register for entering the name and other particulars of Trade Union under sub-section (3) of section 9 and verification of application of the Trade Union under sub-section (5) (i) of section 9
r. 14Period within which appeal is to be preferred by Trade Union to Tribunal under sub-section (1) of section 10
r. 15Manner of sending the communication and notices under sub-section (1) and the manner to inform the Registrar under sub-section (3) of section 11
r. 16Matters on which negotiating union or negotiating council, as the case may be, in an industrial establishment may negotiate with the employer of the industrial establishment under sub-section (1) and the criteria to be followed by the employer of industrial establishment under sub-section (2) of section 14
r. 17Manner of verification of workers on the muster roll of the industrial establishment, under sub-sections (3) and (4) and the facilities to be provided by industrial establishment to a negotiating union or negotiating council under sub-section 7 of section 14
r. 18The objects under sub-section (1) and sub-section (2) and the subscription payable under sub-section (4) of section 15
r. 19Manner of making application for adjudication before the Tribunal under sub-section (1) of section 22
r. 20Manner of amalgamation under sub-section(2), and the manner of sending signed amalgamation to the Registrar of a different State under sub-section (3) of section 24
r. 21Distribution of funds of the Trade Union on dissolution by Registrar under sub-section (2) of section 25
r. 22Annual Returns of the Trade Union
r. 23Manner and purpose of recognition of a Trade Union or a federation of Trade Unions by the State Government as a State Trade Union at the State level and the authority and the manner of deciding dispute by it under sub-section (2) of section 27

Chapter IV — Standing Orders

r. 24Manner of forwarding information to certifying officer under sub-section (3) of section 30
r. 25Manner 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
r. 26Manner of authentication of certified standing orders under sub-section(8) of section 30
r. 27Statement to be accompanied with draft standing orders under sub-section (9) of section 30
r. 28Conditions for submission of draft standing order in similar establishment under sub- section (10) of section 30
r. 29Manner of disposal of appeal by appellate authority under section 32
r. 30The language and the manner of maintaining standing order under sub-section (1) and (2) of section 33
r. 31Register for final certified copy of Standing Order under section 34
r. 32Application for modification of Standing Order under sub-section (2) of section 35

Chapter V — Notice of Change

r. 33The manner of giving of notice for change proposed to be effected under clause (i) of section 40

Chapter VI — Voluntary Reference of Disputes to Arbitration

r. 34Form of arbitration agreement and the manner there of under sub-section (3) of section 42
r. 35Manner of issue of notification under sub-section (5) of section 42
r. 36Manner of choosing representatives of workers where there is no Trade Union under sub-section (5) of section 42

Chapter VII — Mechanism for Resolution of Industrial Disputes

r. 37Manner of filling up of the vacancy under sub-section (9) of Section 44 and procedure for selection, salaries and allowances and other terms and condition of Judicial Member and Administrative Member of the Arunachal Pradesh State Industrial Tribunal under sub-section (2), (3),( 5), (6) and (7) of Section 44
r. 38Filling up of casual vacancies
r. 39Manner 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 (3) of section 49 and sub-section (6) of section 53
r. 40Proceeding before Tribunal under section 49
r. 41Application for recovery of dues under section 59

Chapter VIII — Strikes and Lock-outs

r. 42Number 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
r. 43Notice of lock-out under sub-section (5) and authority under sub-section (6) of section 62

Chapter IX — Lay-off, Retrenchment and Closure

r. 44Service of notice before retrenchment of the worker under clause (c) of section 70
r. 45Manner of giving an opportunity for re-employment to the retrenched workers under Section 72
r. 46Manner of serving notice by the employer for intended closure under sub-section (1) of section 74

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

r. 47Manner 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
r. 48Time-limit for review under sub-section (7) of section 78
r. 49Manner 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
r. 50Time-limit for review under sub-section (6) of section 79
r. 51Manner 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
r. 52Time-limit for review under sub-section (5) of section 80

Chapter XI — Worker Re-skilling Fund

r. 53Manner of utilization of fund under sub-section (3) of section 83

Chapter XII — Offences and Penalties

r. 54Manner 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

Chapter XIII — Miscellaneous

r. 55Protected workers under sub-section (3) and (4) of section 90
r. 56Manner of making complaint by an aggrieved worker under section 91
r. 57Manner of authorization of worker for representing in any proceeding under sub-section (1) of section 94
r. 58Manner of authorization of employer for representing in any proceeding under sub-section (2) of section 94
r. 59Manner of holding an enquiry under sub-section (1) of section 85
r. 60Submission of a copy each of the Form to the office of Secretary (Labour) and Labour Commissioner, Government of Arunachal Pradesh under clause (zzf) of sub-section 2 of section 99
r. 61Publication for communication
r. 62Maintenance of records, registers, forms, notice, and display on board
r. 63Appointment of Commissioner
r. 64Fees for the Commissioner, etc
r. 65Time for submission of report
r. 66Any other matter which is required to be prescribed under this Code

Forms, appendices and annexures

Form I (See Rule 3)
Form II [See rules 9 (2)]
Form of Auditors’ Declaration
Form III (See Rule 10 )
Form IV (See Rule 11)
Schedule III
Form V (See rule 12)
Form VI.
Form VII
Form VIII
Form IX
Form X
Annexure to Form X
Form XI
Form XII
Form XIII
Form XIV
Annexure to Form XIV
Form XV
Annexure to Form XV
Form XVI
Annexure to Form XVI
Form XVII
Annexure to Form XVII
Form XVIII
Annexure to Form XVIII
Form XIX
Annexure to Form XIX
Form XX
Annexure to Form XX
Form XXI
Form XXII
Annexure I
Annexure II
Form XXIII (See Rule 54 & 60)
Form XXIV (See Rule 56)

Contents of the IR Rules (Arunachal Pradesh)

IR Rules (Arunachal Pradesh)

Chapter I — Preliminary

r. 1Short title, application and commencement
r. 2Definition
r. 3Memorandum of settlement under clause (zi) of section 2

Chapter II — Bi-partite Forums

r. 4Constitution of Works Committee etc. under Section 3
r. 5Manner of Choosing of members from the employers and the workers for Grievance Redressal Committee under sub-section (2) of section 4
r. 6Application in respect of any dispute to be filed before the Grievance Redressal Committee by any aggrieved worker under sub-section (5) of section 4
r. 7Manner of filing application for the conciliation of grievance against the decision of the Grievance Redressal Committee to the conciliation officer under sub-section (8) of section 4

Chapter III — Trade Union

r. 8Payment for subscription by members of the Trade Union and donation from such members and others under clause (f) of section 7
r. 9Manner of annual audit under clause (j) of section 7
r. 10Form of declaration to be made by an affidavit and the manner of making the same under clause (a) of sub-section(1) of section 8
r. 11Form of general statement of the assets and liabilities of the Trade Union under sub-section (2) of section 8
r. 12Form of application for registration under sub-section (1) of Section 8, and the form of issuing certificate of registration to be issued by the Registrar to the applicant Trade Union under sub-section (2) of section 9
r. 13Register for entering the name and other particulars of Trade Union under sub-section (3) of section 9 and verification of application of the Trade Union under sub-section (5) (i) of section 9
r. 14Period within which appeal is to be preferred by Trade Union to Tribunal under sub-section (1) of section 10
r. 15Manner of sending the communication and notices under sub-section (1) and the manner to inform the Registrar under sub-section (3) of section 11
r. 16Matters on which negotiating union or negotiating council, as the case may be, in an industrial establishment may negotiate with the employer of the industrial establishment under sub-section (1) and the criteria to be followed by the employer of industrial establishment under sub-section (2) of section 14
r. 17Manner of verification of workers on the muster roll of the industrial establishment, under sub-sections (3) and (4) and the facilities to be provided by industrial establishment to a negotiating union or negotiating council under sub-section 7 of section 14
r. 18The objects under sub-section (1) and sub-section (2) and the subscription payable under sub-section (4) of section 15
r. 19Manner of making application for adjudication before the Tribunal under sub-section (1) of section 22
r. 20Manner of amalgamation under sub-section(2), and the manner of sending signed amalgamation to the Registrar of a different State under sub-section (3) of section 24
r. 21Distribution of funds of the Trade Union on dissolution by Registrar under sub-section (2) of section 25
r. 22Annual Returns of the Trade Union
r. 23Manner and purpose of recognition of a Trade Union or a federation of Trade Unions by the State Government as a State Trade Union at the State level and the authority and the manner of deciding dispute by it under sub-section (2) of section 27

Chapter IV — Standing Orders

r. 24Manner of forwarding information to certifying officer under sub-section (3) of section 30
r. 25Manner 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
r. 26Manner of authentication of certified standing orders under sub-section(8) of section 30
r. 27Statement to be accompanied with draft standing orders under sub-section (9) of section 30
r. 28Conditions for submission of draft standing order in similar establishment under sub- section (10) of section 30
r. 29Manner of disposal of appeal by appellate authority under section 32
r. 30The language and the manner of maintaining standing order under sub-section (1) and (2) of section 33
r. 31Register for final certified copy of Standing Order under section 34
r. 32Application for modification of Standing Order under sub-section (2) of section 35

Chapter V — Notice of Change

r. 33The manner of giving of notice for change proposed to be effected under clause (i) of section 40

Chapter VI — Voluntary Reference of Disputes to Arbitration

r. 34Form of arbitration agreement and the manner there of under sub-section (3) of section 42
r. 35Manner of issue of notification under sub-section (5) of section 42
r. 36Manner of choosing representatives of workers where there is no Trade Union under sub-section (5) of section 42

Chapter VII — Mechanism for Resolution of Industrial Disputes

r. 37Manner of filling up of the vacancy under sub-section (9) of Section 44 and procedure for selection, salaries and allowances and other terms and condition of Judicial Member and Administrative Member of the Arunachal Pradesh State Industrial Tribunal under sub-section (2), (3),( 5), (6) and (7) of Section 44
r. 38Filling up of casual vacancies
r. 39Manner 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 (3) of section 49 and sub-section (6) of section 53
r. 40Proceeding before Tribunal under section 49
r. 41Application for recovery of dues under section 59

Chapter VIII — Strikes and Lock-outs

r. 42Number 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
r. 43Notice of lock-out under sub-section (5) and authority under sub-section (6) of section 62

Chapter IX — Lay-off, Retrenchment and Closure

r. 44Service of notice before retrenchment of the worker under clause (c) of section 70
r. 45Manner of giving an opportunity for re-employment to the retrenched workers under Section 72
r. 46Manner of serving notice by the employer for intended closure under sub-section (1) of section 74

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

r. 47Manner 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
r. 48Time-limit for review under sub-section (7) of section 78
r. 49Manner 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
r. 50Time-limit for review under sub-section (6) of section 79
r. 51Manner 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
r. 52Time-limit for review under sub-section (5) of section 80

Chapter XI — Worker Re-skilling Fund

r. 53Manner of utilization of fund under sub-section (3) of section 83

Chapter XII — Offences and Penalties

r. 54Manner 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

Chapter XIII — Miscellaneous

r. 55Protected workers under sub-section (3) and (4) of section 90
r. 56Manner of making complaint by an aggrieved worker under section 91
r. 57Manner of authorization of worker for representing in any proceeding under sub-section (1) of section 94
r. 58Manner of authorization of employer for representing in any proceeding under sub-section (2) of section 94
r. 59Manner of holding an enquiry under sub-section (1) of section 85
r. 60Submission of a copy each of the Form to the office of Secretary (Labour) and Labour Commissioner, Government of Arunachal Pradesh under clause (zzf) of sub-section 2 of section 99
r. 61Publication for communication
r. 62Maintenance of records, registers, forms, notice, and display on board
r. 63Appointment of Commissioner
r. 64Fees for the Commissioner, etc
r. 65Time for submission of report
r. 66Any other matter which is required to be prescribed under this Code

Forms, appendices and annexures

Form I (See Rule 3)
Form II [See rules 9 (2)]
Form of Auditors’ Declaration
Form III (See Rule 10 )
Form IV (See Rule 11)
Schedule III
Form V (See rule 12)
Form VI.
Form VII
Form VIII
Form IX
Form X
Annexure to Form X
Form XI
Form XII
Form XIII
Form XIV
Annexure to Form XIV
Form XV
Annexure to Form XV
Form XVI
Annexure to Form XVI
Form XVII
Annexure to Form XVII
Form XVIII
Annexure to Form XVIII
Form XIX
Annexure to Form XIX
Form XX
Annexure to Form XX
Form XXI
Form XXII
Annexure I
Annexure II
Form XXIII (See Rule 54 & 60)
Form XXIV (See Rule 56)

The Industrial Relation (Arunachal Pradesh) Rules, 2021

Rule 38. Filling up of casual vacancies

Chapter VII — Mechanism for Resolution of Industrial DisputesMade under The Industrial Relations Code, 2020No. LAB(W) 11/2021, 17 Dec 2021

Official text

In case of casual vacancy in the office of Judicial Member and Administrative Member in the Tribunal constituted by the State Government under sub-section (9) of Section 44, such vacancy shall be filled in the manner as specified under sub rule 4 of rule 37.

Source: The Industrial Relation (Arunachal Pradesh) Rules, 2021, No. LAB(W) 11/2021 — Arunachal Pradesh Gazette Extraordinary No. 286, Vol. XXVIII, 23 December 2021, p. 14 of the PDF. Open our copy at p. 14 · official download · all sources

← Rule 37Manner of filling up of the vacancy under sub-section (9) of Section 44 and procedure for selection, salaries and allowances and other terms and condition of Judicial Member and Administrative Member of the Arunachal Pradesh State Industrial Tribunal under sub-section (2), (3),( 5), (6) and (7) of Section 44 Rule 39 →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 (3) of section 49 and sub-section (6) of section 53