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IR Rules
Chapter XIII
r. 46

IR Rules (Gujarat)

Chapter I — Preliminary

r. 1Short title and application
r. 2Definitions
r. 3Written agreement for the settlement before the Conciliation Officer under clause (zi) of section 2

Chapter II — Bi-partite Forums

r. 4Constitution of Works Committee etc. under section 3
r. 5Manner of choosing 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 as against the decision of the Grievance Redressal Committee to the conciliation officer under sub-section (8) of section 4

Chapter III — Standing Orders

r. 8Manner of forwarding information to certifying officer under sub-section (3) of section 30
r. 9Manner 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. 10Manner of authentication of certified standing orders under sub-section (8) of section 30
r. 11Statement to be accompanied with draft standing orders under sub-section (9) of section 30
r. 12Conditions for submission of draft standing order in similar establishment under sub-section (10) of section 30
r. 13Manner of disposal of appeal by appellate authority under section 32
r. 14The language and the manner of maintaining standing order under sub-section (1) and (2) of section 33
r. 15Register for final certified copy of Standing Order under section 34
r. 16Application for modification of Standing Order under sub-section (2) of section 35

Chapter IV — Notice of Change

r. 17The manner of giving of notice for change proposed to be effected under clause (i) of section 40

Chapter V — Voluntary Reference of Disputes to Arbitration

r. 18Form of arbitration agreement and the manner thereof under sub-section (3) of section 42
r. 19Manner of issue of notification under sub-section (5) of section 42
r. 20Manner of choosing representatives of workers where there is no Trade Union under sub-section (5) of section 42

Chapter VI — Mechanism for Resolution of Industrial Disputes

r. 21Manner 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 of the Industrial Tribunal under sub-section (5) of Section 44
r. 22Manner 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 Administrative Member of the Industrial Tribunal under sub-section (5) of section 44
r. 23Manner of holding conciliation proceedings under sub-section (1), full report under subsection (4), and application and the manner of deciding such application under sub-section (6) of section 53

Chapter VII — Strikes and Lockouts

r. 24Number 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. 25Manner of giving notice of lock-out under sub-section (5) and authority under sub-section (6) of section 62

Chapter VIII — Lay-off, Retrenchment and Clousure

r. 26Manner of serving notice before retrenchment of the worker under clause (c) of section 70
r. 27Manner of giving an opportunity for re-employment to the retrenched workers under Section 72
r. 28Manner of serving notice by the employer for intended closure under sub-section (1) of section 74

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

r. 29Manner 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. 30Time-limit for review under sub-section (7) of section 78
r. 31Manner 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. 32Time-limit for review under sub-section (6) of section 79
r. 33Manner 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. 34Time-limit for review under sub-section (5) of section 80

Chapter X — Worker Re-skilling Fund

r. 35Manner of utilization of fund under sub-section (3) of section 83

Chapter XI — Offences and Penalties

r. 36Manner 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 XII — Miscellaneous

r. 37Protected workers under sub-section (3) and (4) of section 90
r. 38Manner of making complaint by an aggrieved worker under section 91
r. 39Manner of authorization of worker for representing in any proceeding under sub-section (1) of section 94
r. 40Manner of authorization of employer for representing in any proceeding under sub-section (2) of Section 94

Chapter XIII — Trade Unions

r. 41Form of application for registration under sub-section (1) of section 8
r. 42Form of Certificate under sub-section (2) of section 9
r. 43Form of Register under sub-section (3) of section 9
r. 44Fee and subscription
r. 45Form of application for withdrawal or cancellation under sub-section (5) of section 9
r. 46Appeals under sub-section (1) of section 10
r. 47Application to be made to the Tribunal
r. 48Change in registration particulars and its constitution or rules under sub section (3) of section 11
r. 49Change of name under section 24 (3)
r. 50Amalgamation of trade unions under sub-section (2) and (3) of section 24
r. 51Dissolution of registered Trade Unions under sub-section (1) of section 25
r. 52Division of Funds under sub-section (2) of section 25
r. 53Annual returns under section 26
r. 54Audit under clause (j) of section 7
r. 55Disqualification of Auditors
r. 56Declaration by Auditors
r. 57Audit of Political fund
r. 58Maintenance of account books by registered Trade Unions
r. 59Inspection of register and documents
r. 60Rights and obligations of sole negotiating union or negotiating council under sub-section (1) of section 14
r. 61Criteria for recognition of trade union as Sole Negotiating union or Negotiating Council under section 14
r. 62Verification process for recognition of trade union as sole negotiating union or negotiating Council under Section 14
r. 63Authority to decide in case of dispute
r. 64Facilities to Negotiating Union or Negotiating Council
r. 65Objects on which general funds may be spent under sub-section (1) of section 15
r. 66Constitution of a separate fund for political purposes

Forms, appendices and annexures

Form I
Form II
Annexure to Form II
Form III
Form IV
Form IV(A)
Form V
Form VI
Annexure to Form VI
Form VII
Annexure to Form VII
Form VIII
Form IX
Annexure I
Annexure II
Form X
Form XI
Form XII
Schedule I
Schedule II
Schedule III
Form XIII
Form XIV
Form OF REGISTER
Form XV
Form XVI
Form XVII
Form XVIII
Form XIX
Form XX
Form XXI

Contents of the IR Rules (Gujarat)

IR Rules (Gujarat)

Chapter I — Preliminary

r. 1Short title and application
r. 2Definitions
r. 3Written agreement for the settlement before the Conciliation Officer under clause (zi) of section 2

Chapter II — Bi-partite Forums

r. 4Constitution of Works Committee etc. under section 3
r. 5Manner of choosing 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 as against the decision of the Grievance Redressal Committee to the conciliation officer under sub-section (8) of section 4

Chapter III — Standing Orders

r. 8Manner of forwarding information to certifying officer under sub-section (3) of section 30
r. 9Manner 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. 10Manner of authentication of certified standing orders under sub-section (8) of section 30
r. 11Statement to be accompanied with draft standing orders under sub-section (9) of section 30
r. 12Conditions for submission of draft standing order in similar establishment under sub-section (10) of section 30
r. 13Manner of disposal of appeal by appellate authority under section 32
r. 14The language and the manner of maintaining standing order under sub-section (1) and (2) of section 33
r. 15Register for final certified copy of Standing Order under section 34
r. 16Application for modification of Standing Order under sub-section (2) of section 35

Chapter IV — Notice of Change

r. 17The manner of giving of notice for change proposed to be effected under clause (i) of section 40

Chapter V — Voluntary Reference of Disputes to Arbitration

r. 18Form of arbitration agreement and the manner thereof under sub-section (3) of section 42
r. 19Manner of issue of notification under sub-section (5) of section 42
r. 20Manner of choosing representatives of workers where there is no Trade Union under sub-section (5) of section 42

Chapter VI — Mechanism for Resolution of Industrial Disputes

r. 21Manner 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 of the Industrial Tribunal under sub-section (5) of Section 44
r. 22Manner 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 Administrative Member of the Industrial Tribunal under sub-section (5) of section 44
r. 23Manner of holding conciliation proceedings under sub-section (1), full report under subsection (4), and application and the manner of deciding such application under sub-section (6) of section 53

Chapter VII — Strikes and Lockouts

r. 24Number 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. 25Manner of giving notice of lock-out under sub-section (5) and authority under sub-section (6) of section 62

Chapter VIII — Lay-off, Retrenchment and Clousure

r. 26Manner of serving notice before retrenchment of the worker under clause (c) of section 70
r. 27Manner of giving an opportunity for re-employment to the retrenched workers under Section 72
r. 28Manner of serving notice by the employer for intended closure under sub-section (1) of section 74

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

r. 29Manner 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. 30Time-limit for review under sub-section (7) of section 78
r. 31Manner 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. 32Time-limit for review under sub-section (6) of section 79
r. 33Manner 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. 34Time-limit for review under sub-section (5) of section 80

Chapter X — Worker Re-skilling Fund

r. 35Manner of utilization of fund under sub-section (3) of section 83

Chapter XI — Offences and Penalties

r. 36Manner 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 XII — Miscellaneous

r. 37Protected workers under sub-section (3) and (4) of section 90
r. 38Manner of making complaint by an aggrieved worker under section 91
r. 39Manner of authorization of worker for representing in any proceeding under sub-section (1) of section 94
r. 40Manner of authorization of employer for representing in any proceeding under sub-section (2) of Section 94

Chapter XIII — Trade Unions

r. 41Form of application for registration under sub-section (1) of section 8
r. 42Form of Certificate under sub-section (2) of section 9
r. 43Form of Register under sub-section (3) of section 9
r. 44Fee and subscription
r. 45Form of application for withdrawal or cancellation under sub-section (5) of section 9
r. 46Appeals under sub-section (1) of section 10
r. 47Application to be made to the Tribunal
r. 48Change in registration particulars and its constitution or rules under sub section (3) of section 11
r. 49Change of name under section 24 (3)
r. 50Amalgamation of trade unions under sub-section (2) and (3) of section 24
r. 51Dissolution of registered Trade Unions under sub-section (1) of section 25
r. 52Division of Funds under sub-section (2) of section 25
r. 53Annual returns under section 26
r. 54Audit under clause (j) of section 7
r. 55Disqualification of Auditors
r. 56Declaration by Auditors
r. 57Audit of Political fund
r. 58Maintenance of account books by registered Trade Unions
r. 59Inspection of register and documents
r. 60Rights and obligations of sole negotiating union or negotiating council under sub-section (1) of section 14
r. 61Criteria for recognition of trade union as Sole Negotiating union or Negotiating Council under section 14
r. 62Verification process for recognition of trade union as sole negotiating union or negotiating Council under Section 14
r. 63Authority to decide in case of dispute
r. 64Facilities to Negotiating Union or Negotiating Council
r. 65Objects on which general funds may be spent under sub-section (1) of section 15
r. 66Constitution of a separate fund for political purposes

Forms, appendices and annexures

Form I
Form II
Annexure to Form II
Form III
Form IV
Form IV(A)
Form V
Form VI
Annexure to Form VI
Form VII
Annexure to Form VII
Form VIII
Form IX
Annexure I
Annexure II
Form X
Form XI
Form XII
Schedule I
Schedule II
Schedule III
Form XIII
Form XIV
Form OF REGISTER
Form XV
Form XVI
Form XVII
Form XVIII
Form XIX
Form XX
Form XXI

The Industrial Relations (Gujarat) Rules, 2021

Rule 46. Appeals under sub-section (1) of section 10

Chapter XIII — Trade UnionsMade under The Industrial Relations Code, 2020No. KHR-2021-129-IDA-122020-539471-M(2), 5 Oct 2021

Official text

Any appeal made under sub-section (1) of section 10 shall be filed within ninety days of the date on which the Registrar passed the order against which the appeal is made.

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), p. 23 of the PDF. Open our copy at p. 23 · 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.

← Rule 45Form of application for withdrawal or cancellation under sub-section (5) of section 9 Rule 47 →Application to be made to the Tribunal