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State Rules
Jammu and Kashmir
IR Rules
Chapter VI
r. 39

IR Rules (Jammu and Kashmir)

Chapter I — Preliminary

r. 1Short title, application and commencement
r. 2Definition
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
r. 7Manner of filing application for the conciliation of grievance as

Chapter III — Trade Unions

r. 8Payment of subscription under clause (f) of section 7
r. 9Safe Custody of the funds of the Trade Union and Annual audit
r. 10Declaration to be made by an affidavit under clause (a) of sub
r. 11Assets and Liabilities of the Trade Union under sub-section (2) of section 8
r. 13Certificate of Registration- (1) The Certificate of Registration issued by the Registrar under sub-section (2) of section 9 shall be in (Form-V)
r. 14Cancellation/Withdrawal of Registration under sub-section (5) of section 9
r. 15Appeal under sub-section (1) of section 10
r. 16Communications and Notices to a Registered Trade Union under sub-section (1) of section 11
r. 17Change in the particulars as per sub-section (3) of section 11
r. 18(1). Matters to be negotiated by a negotiating union or negotiating
r. 19Utilization of the general funds of a Trade Union under sub-section
r. 20Constitution of a separate fund under sub-section (2) of section 15
r. 21Subscriptions payable by the members of the Trade Union under
r. 22Application for adjudication before Industrial Tribunal under sub- section (1) of section 22
r. 23Manner of Amalgamation of Trade Unions under sub-section (2) of
r. 24Funds of a dissolved Trade Union under sub-section (2) of section 25
r. 25Annual returns under clause (a) sub-section (1) of section 26
r. 26Recognition of the State Trade Union at the State Level under sub

Chapter IV — Standing Orders

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

Chapter V — Notice of change

r. 36The manner of giving of notice for change proposed to be affected under clause (i) of section 40

Chapter VI — Voluntary Reference of Disputes to Arbitration

r. 37Form of arbitration agreement and the manner thereof under sub
r. 38Manner of issue of notification under sub-section (5) of section 42
r. 39Manner 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. 40Terms and conditions of service of the office of the Judicial Member
r. 41Manner of holding conciliation proceedings under subsection (1),

Chapter VIII — Strikes and Lock-outs

r. 42Number of persons by whom the notice of strike shall be given, the
r. 43Manner of giving notice of lock-out under sub-section (5) and authority under sub-section (6) of section 62

Chapter IX — Lay-off, Retrenchment and Closure

r. 44Manner of serving 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

r. 47Manner of making application to the Jammu and Kashmir
r. 48Manner for applying for permission from the Jammu and Kashmir Government to continue the lay-off under sub-section (3) of section 78
r. 49Time-limit for review under sub-section (7) of section 78
r. 50Manner of making application to the Jammu and Kashmir
r. 51Review of Order granting or refusing permission-: The Jammu and
r. 52Manner of making application to the Jammu and Kashmir
r. 53Time-limit for review under sub-section (5) of section 80

Chapter XI — Worker re-skilling Fund

r. 54Contribution from such other sources to be made to worker re-skilling
r. 55Manner of utilization of fund under sub-section (3) of section 83

Chapter XII — Offences and Penalties

r. 56Manner of composition of offence by a Gazetted Officer specified

Chapter XIII — Miscellaneous

r. 57Protected workers under sub-section (3) and (4) of section 90
r. 58Manner of making complaint by an aggrieved worker under section
r. 59Manner of authorization of worker for representing in any
r. 60Manner of authorization of employer for representing in any proceeding under sub-section (2) of section 94
r. 61Manner of holding an enquiry under sub-section (1) of section 85
r. 62Submission of a copy each of the Form to the office of Director

Contents of the IR Rules (Jammu and Kashmir)

IR Rules (Jammu and Kashmir)

Chapter I — Preliminary

r. 1Short title, application and commencement
r. 2Definition
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
r. 7Manner of filing application for the conciliation of grievance as

Chapter III — Trade Unions

r. 8Payment of subscription under clause (f) of section 7
r. 9Safe Custody of the funds of the Trade Union and Annual audit
r. 10Declaration to be made by an affidavit under clause (a) of sub
r. 11Assets and Liabilities of the Trade Union under sub-section (2) of section 8
r. 13Certificate of Registration- (1) The Certificate of Registration issued by the Registrar under sub-section (2) of section 9 shall be in (Form-V)
r. 14Cancellation/Withdrawal of Registration under sub-section (5) of section 9
r. 15Appeal under sub-section (1) of section 10
r. 16Communications and Notices to a Registered Trade Union under sub-section (1) of section 11
r. 17Change in the particulars as per sub-section (3) of section 11
r. 18(1). Matters to be negotiated by a negotiating union or negotiating
r. 19Utilization of the general funds of a Trade Union under sub-section
r. 20Constitution of a separate fund under sub-section (2) of section 15
r. 21Subscriptions payable by the members of the Trade Union under
r. 22Application for adjudication before Industrial Tribunal under sub- section (1) of section 22
r. 23Manner of Amalgamation of Trade Unions under sub-section (2) of
r. 24Funds of a dissolved Trade Union under sub-section (2) of section 25
r. 25Annual returns under clause (a) sub-section (1) of section 26
r. 26Recognition of the State Trade Union at the State Level under sub

Chapter IV — Standing Orders

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

Chapter V — Notice of change

r. 36The manner of giving of notice for change proposed to be affected under clause (i) of section 40

Chapter VI — Voluntary Reference of Disputes to Arbitration

r. 37Form of arbitration agreement and the manner thereof under sub
r. 38Manner of issue of notification under sub-section (5) of section 42
r. 39Manner 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. 40Terms and conditions of service of the office of the Judicial Member
r. 41Manner of holding conciliation proceedings under subsection (1),

Chapter VIII — Strikes and Lock-outs

r. 42Number of persons by whom the notice of strike shall be given, the
r. 43Manner of giving notice of lock-out under sub-section (5) and authority under sub-section (6) of section 62

Chapter IX — Lay-off, Retrenchment and Closure

r. 44Manner of serving 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

r. 47Manner of making application to the Jammu and Kashmir
r. 48Manner for applying for permission from the Jammu and Kashmir Government to continue the lay-off under sub-section (3) of section 78
r. 49Time-limit for review under sub-section (7) of section 78
r. 50Manner of making application to the Jammu and Kashmir
r. 51Review of Order granting or refusing permission-: The Jammu and
r. 52Manner of making application to the Jammu and Kashmir
r. 53Time-limit for review under sub-section (5) of section 80

Chapter XI — Worker re-skilling Fund

r. 54Contribution from such other sources to be made to worker re-skilling
r. 55Manner of utilization of fund under sub-section (3) of section 83

Chapter XII — Offences and Penalties

r. 56Manner of composition of offence by a Gazetted Officer specified

Chapter XIII — Miscellaneous

r. 57Protected workers under sub-section (3) and (4) of section 90
r. 58Manner of making complaint by an aggrieved worker under section
r. 59Manner of authorization of worker for representing in any
r. 60Manner of authorization of employer for representing in any proceeding under sub-section (2) of section 94
r. 61Manner of holding an enquiry under sub-section (1) of section 85
r. 62Submission of a copy each of the Form to the office of Director

The Jammu and Kashmir Industrial Relations Rules, 2026

Rule 39. Manner of choosing representatives of workers where there is no Trade Union under sub-section (5) of section 42

Chapter VI — Voluntary Reference of Disputes to ArbitrationMade under The Industrial Relations Code, 2020S.O. 179, 23 Jun 2026

Text read by machine from the official scan

Where there is no Trade "Union, the representative of workers to present their case before the arbitrator or arbitrators in pursuance of clause (C) of the proviso to sub-section (5) of section 42, shall be chosen by a resolution passed by the majority of concerned workers in (Form-VIII) authorizing therein to represent the case. Such workers shall be bound by the acts of representatives who have been authorized to represent before the arbitrator or arbitrators, as the case may be.

Source: The Jammu and Kashmir Industrial Relations Rules, 2026, S.O. 179 — the official copy of the notification, p. 17 of the PDF. Open our copy at p. 17 · official download · all sources

The official copy is a scan. This text was read by machine and only tidied by program, not checked page by page, so it will contain mistakes, including in numbers: the official PDF is the copy to rely on. The Forms are not reproduced here; read them in the PDF. Rule numbers the machine missed (12) stay inside the rule before them here.

← Rule 38Manner of issue of notification under sub-section (5) of section 42 Rule 40 →Terms and conditions of service of the office of the Judicial Member