Rule 5. Manner of Choosing of members from the employers and the workers for Grievance Redressal Committee under sub-section (2) of section 4

(1) The Grievance Redressal Committee (hereinafter in this rule referred to as the Grievance Committee) in an industrial establishment employing twenty or more workers, shall consist of equal number of members representing the employer and the workers and the total number of members in the committee shall not exceed ten.

(2) The representatives of the employer in the Grievance 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, preferably the heads of major departments of the industrial establishment.

Provided 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.

(3) The representative of the workers in the Grievance Committee shall be chosen in the following manner, namely:-(a) where there is a negotiating union under sub-section (2) or sub-section (3) of section 14 or a negotiating council under sub-section (4) of that section, then, such negotiating union or negotiating council, as the case may be, shall nominate the worker’s representatives on the Grievance Committee and in the case of the negotiating council, the nomination shall be in the manner that every registered Trade Union representing in negotiating council shall be represented in the Grievance Committee in proportion to the number of workers of the industrial establishment who are members of such Trade Union;

(b) where there is no recognized negotiating union or negotiating council referred to at clause (a),the workers of the industrial establishment shall choose amongst themselves the worker’s representatives on the Grievance Committee:

Provided that, the employer may, deploy an electronic process for choosing representative of workers, over an information technology application, online platform or like other platform, under clause (b):

Provided further that there shall be adequate representation of women workers in the Grievance 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 in the absence of a registered Trade Union, the tenure of the members of the Grievance Committee shall be three years:

Provided also that in case there is no recognized negotiating union or negotiating council and where any dispute arises regarding choosing of the worker’s representative to the Grievance Committee, the matter may be referred to the Labour Commissioner Government of Arunachal Pradesh, who shall after hearing the parties decide the matter and his decision shall be final.