Contents of the IR Rules (Gujarat)

The Industrial Relations (Gujarat) Rules, 2021

Form IX

Made under The Industrial Relations Code, 2020No. KHR-2021-129-IDA-122020-539471-M(2), 5 Oct 2021

Official text

Open in the official PDF (pp. 37–38)

Tables and forms lose their layout when extracted; the PDF is the authoritative version.

[see rules 29, 31 and 33]

[APPLICATION FOR PERMISSION OF LAY-OFF/CONTINUATION OF LAY-

OFF/RETRENCHMENT/CLOSURETOBE GIVEN BY AN

EMPLOYER/INDUSTRIAL ESTABLISHMENT/UNDERTAKING TO THE STATE

GOVERNMENT UNDER THE PROVISIONS OF CHAPTER X OF THE

INDUSTRIAL RELATIONS CODE, 2020 AND RULES MADE THERE UNDER]

(To be submitted online. In case of exigencies on paper in the prescribed format below)

Name of Industrial Establishment or Undertaking or

Employer……………………………………..

Labour Identification Number.........................................................................................

Dated.................

(Note: The application to the State Government shall be served as indicated below: Lay-off: at

least 15 days before the intended Lay-off

Continuation of Lay-off – at least 15 days before the expiry of earlier Lay-off

Retrenchment – at least 60 days before the intended date of Retrenchment

Closure – at least 90 days before the intended date of Closure)

To,

The Secretary to the State Government,

Labour and Employment Department, Gandhinagar,

Gujarat

1. *(Lay-off) (a).Under section 78(2) of the Industrial Relations Code,2020, I*/we* here by

apply for―permission to lay-off ………. workers** out of total of……………workers**

employed in my*/our*establishment (details to be given in Annex-I) with effect

from……….. (DD/MM/YYYY).

or

*(Retrenchment) (c) Under section 79(2) of the Industrial Relations Code,2020,I*/we*here by

apply for permission for intended retrenchment of.................workers out of total

of…………………………………………………workers** employed in my*/our*

establishment (details to be given in Annex-I)with effect from………….(DD/MM/YYYY).

or

*(Closure) (d) Under section 80(1) of the Industrial Relations Code,2020, I/we*here by inform

you that I*/we* intended to close down the undertaking (name of the industrial establishment

or undertaking or employer)(details to be given in Annex-1) with effect

from.............(DD/MM/YYYY). The number of workers whose services would be terminated

on account of the closure of the under taking is……………………. (number of workers)

2. *(Lay-off/Continuation of Lay-off) the worker(s) concerned were given on.................

(DD/MM/YYYY) notice in writing as required under section 78(2)* of this Code.

or

*(Retrenchment/Closure) the worker(s)concerned were given

on…………………(DD/MM/YYYY) one month ‘s notice in writing as required under section

79*/ section 80* of this Code.

Or

*(Retrenchment/ Closure) The worker(s) have been given on………….(DD/MM/YYYY) one

month ‘s pay in lieu of notice as required under section 79*/ section 80* of this Code.

3. The details of affected worker(s) are at Annexure II.

4. (Retrenchment) I*/we* hereby declare that the workers concerned will be retrenched in

compliance to the Section 71 and section 72 of this Code.

5. *I/We* hereby declare that the worker(s) concerned have been*/will be* paid all the dues

and compensation due to them under section 67, read with section 78(10) */ section 79* / section

80* of this Code before or on the expiry of the notice period.

Or

*I/We hereby state that currently Insolvency proceedings are on in respect of the said

Industrial Establishment/Undertaking/Employer, and that I*/we* will pay all the dues along

with the compensation due to them under concerned laws.

6. I/ we* hereby declare that no court case is pending before any Court in the matter, and if

yes, the details thereof have been Annexed.

7. I/ we hereby declare that the above information given by me/ us* in this notice and

enclosures is/ are* true, I/ we am/ are solely responsible for its accuracy and no facts/ materials

has been suppressed in the matter.

The permission sought for may please be granted.

Yours faithfully,

(Name of Employer/ ***Authorized Representative with Seal)

(* Strike off which is not applicable.)

(** Indicate number in figures and word both)

(***Copy of Authorization letter issued by the employer shall be enclosed)

Source: The Industrial Relations (Gujarat) Rules, 2021, No. KHR-2021-129-IDA-122020-539471-M(2) — Gujarat Government Gazette Extraordinary, Part I-L, 5 October 2021 (as sent for publication), pp. 37–38 of the PDF. Open our copy at p. 37 · official download · all sources

Text from the Labour and Employment Department's copy of the notification, as sent to the Government Central Press for publication in the Gujarat Government Gazette Extraordinary, Part I-L, of 5 October 2021. Its last page (the end of the last Form, and the signature) is a scanned image, so it is not reproduced here; read it in the official PDF.