Rule 4. Constitution of Works Committee etc. under Section 3

(1) Every employer to whom an order made under sub-section (1) of section 3 relates, shall forthwith proceed to constitute a Works Committee in the manner as is specified in the following sub-rules: -

(2) The number of members constituting the Committee shall be fixed so as to afford representation to the various categories, groups and class of workers engaged in, and to the sections, shops or departments of the establishment: Page 2 of 52

Provided that the total number of members of the Works Committee shall not exceed twenty:

Provided further that the number of representatives of the worker in the Works Committee shall not be less than the number of representatives of the employer therein.

(3) Representatives of employer -Subject to the provisions of this rule, the representatives of the employer in the Works 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.

(4) Consultation with Trade Union(s) (a) Where any workers of the industrial establishment are members of a registered Trade Union, the employer shall ask such Trade Union to inform him in writing as to how many of the workers are members of such Trade Union; and

(b) Where an employer has reason to believe that the information furnished to him under clause (a) by the registered Trade Union is false, he may, after informing such Trade Union, refer the matter to the Secretary (Labour), UT of Lakshadweep Administration, who shall, after hearing the parties, shall decide the matter and his decision shall be final.

(5) Group of workers' representatives and officers of the Committee - On receipt of the information called for under sub-rule (4), the employer shall provide for the selection of worker ‘s representative on the Committee in two following groups, namely: -

(a) Registered Trade Union may choose their representatives as members for works committee in the proportion of their membership and;

(b) Where there is no registered Trade union, workers may choose amongst themselves representatives for works committee.

(i) The Works Committee shall have among its office-bearers a Chairman, a Vice-Chairman, a Secretary and a Joint-Secretary. The Secretary and the Joint-Secretary shall be elected every year.

(ii) The Chairman shall be nominated by the employer from amongst the employers’ representatives on the Works Committee and he shall, as far as possible, be the head of the industrial establishment;

(iii) The Vice-Chairman shall be elected by the members, on the Works Committee representing the workers, from amongst themselves:

Provided that in the event of equality of votes in the election of the Vice- Chairman, the matter shall be decided by draw of a lot:

(c) The Works Committee shall elect the Secretary and the Joint Secretary provided that where the Secretary is elected from amongst the representatives of the employerPs,a gthe e3 Joof i5n2t Secretary shall be elected from amongst the representatives of the worker and vice versa:

Provided that the post of the Secretary or the Joint Secretary, as the case may be, shall not be held by a representative of the employer or the worker for two consecutive years:

Provided that the representatives of the employer shall not take part in the election of the Secretary or Joint Secretary, as the case may be, from amongst the representatives of the worker and only the representatives of the worker shall be entitled to vote in such elections.

(d) In any election under clause (d), in the event of equality of votes, the matter shall be decided by a draw of lot.

(6) Term of Office: -

(a) The term of office of the representatives on the Works Committee other than a member chosen to fill a casual vacancy shall be three years;

(b) A member chosen to fill a casual vacancy shall hold office for the unexpired term of his predecessor;

(7) Vacancies: - In the event of worker’s representative ceasing to be a member under clause (c) of sub-rule (6) or ceasing to be employed in the establishment or in the event of his clause (c) of sub-rule (6) or ceasing to be employed in the establishment or in the event of his resignation, death or otherwise, his successor shall be chosen in accordance with the provisions of this rule from the same group to which the member vacating the seat belonged.

(8) Power to co-opt: - The Works Committee shall have the right to co-opt in a consultative capacity, persons employed in the industrial establishment having particular or special knowledge of a matter under discussion. Such co-opted member shall not be entitled to vote and shall be present at meetings only for the period during which the particular question is before the Works Committee.

(9) Meetings; -

(a) The Works Committee may meet as often as necessary

(b) The Works Committee shall at its first meeting regulate its own procedure.

(10) Facilities for meeting; -

(a) The employer shall provide accommodation for holding meetings of the Works Committee. He shall also provide all necessary facilities to the Works Committee and to the members thereof for carrying out the work of the Works Committee. The Works Committee shall ordinarily meet during working hours of the industrial establishment concerned on any working day and the representative of the worker shall be deemed to be on duty while attending the meeting;

(b) The Secretary of the Works Committee may with the prior concurrence of the Page 4 of 52 Chairman, put up notice regarding the work of the Works Committee on the notice board of the industrial establishment.

(11) Dissolution of works committee:-The Government, or where the power under section 3 has been delegated to any officer or authority under Section 100, such officer or authority may, after making such inquiry as it or he may deem fit, dissolve any Works Committee at any time, by an order in writing, if he or it is satisfied that the Committee has not been constituted in accordance with these Rules or that the Committee has, for any other reason, ceased to function:

Provided that where a Works Committee is dissolved under this Rule the employer may, and if so, required by the Government or, as the case may be, by such officer or authority, shall take steps to re-constitute the Committee in accordance with these rules.