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

(1) The settlement arrived at in the course of conciliation proceedings or a written agreement between the employer and worker arrived at otherwise than in the course of conciliation proceeding shall be in Form I.

(2) The settlement shall be signed by,-(a) in the case of an employer, by the employer himself, or by his authorised 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 corporate, and;

(b) on behalf of workers, by any two 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; or

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

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

Provided that the employer may, with the mutual agreement with workers of the industrial establishment, deploy an electronic process of conducting the election process over an information technology application, online platform or like other platform to enable as to how the representatives of workers shall be elected;

(c) In case of an industrial dispute between individual worker and employer, by the workers 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 workers 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 otherwise to the State Government and conciliation officer.

(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.