Compendiumon Social Diaiogue Mechanism

for
Derc Civlans in Army Units/Establishi ents

Integrated Headquartersof Ministry of Defence (Army

Adjutant General's Branch
Policies&Plam
Directorate General of Manpower
New Delhi
2010
 LtGen Mukesh Sabharwal, pVSM,AVSM**, VSM
Adjutant General

FOREWORD

The Army Units/Establishments are committed to create and maintain

harmonious and cordial industrial relations with defence civilians employed
under them. Continuous social dialogue with their social partners i.e. trade unions
and associations is the mantra for achieving productivity and promoting welfare
of defence civilians employed. Pillars of dialogue mechanism mainly based upon
foundation of following workers participation in management schemes:
# Negotiating Machinery
#Joint Consultative Machinery
# Works Committees
#Army Units/Establishments Welfare Committee
Instructions

The rules, procedures, facilities incorporated in dialogue

mechanism shall be immensely benefit to social partners i.e administration
and workers in achieving greater heights in productivity, peace, hamony,
progress and welfare

(LtGen Mukesh Sabharwal)

Date : 05 Feb 2010
Place :New Delhi
 for-110 011
Lt Gen VKChaturvedi, AvSM, SM
DG (MP &Ps) &
Adjutant General's Branch
Integrated Headquarters
Colonel Commandant Regiment of Artilery Ministry of Defence (Amy)
New Delhi-110 011

PREFACE
The Compendium on Social Dialogue Mechanism will
functioning in Amy Units/Estts hy promoting Industrial peaceensure effective
and harmony
Administration and Representatives of workmen are nunning various schemes
for workers partipation in management by
these schemes successful. They are fulfillingjoining hands together making
in
objectives
reducing stress levels, promoting trust and cooperation of conflict resolutions,
and healthy atmosphere. The Conpendium on leading to congenial
Army Unit Estt" explains in detail about "Social Dialogue Mechanism for
various dialogue mechanism
schemes that function in lower formation under the
be useful in removing control of Line Dtes. It will
bottleneckS arising while pursuing these schemes.
The efforts
out this booklet is made by officers and staff of MP - 4 (Civ) in
venture. bringing
commendable andIcongratulate them for this excellen

Date: 19 Jan 2010 (LtGen VK Chaturvedi)

Place : NewDelhi DG (MP &PS)
 ACKNOWLEDGEMENT

Mysearch for Rules &Regulations, Orders,Instructions etc. on Social Dialogue

Mechanism for Defence Civilians in Amy Units /Establishments was started when I joined
Army HQ / AG's Branch as Labour Welfare Commissioner (Central) and at the instant of
Federations /Confederation and their affiliated Trade Unions/ Associations. The idea of such
aCompendium was mooted by Maj Gen SR Ghosh, SM, the then ApG Manpower (Policy&
Planning), due to arising need of disseminating instructions to lower formations to enable
them to resolve AHÌJCM (Level III) Council issues raised by JCM members, to do this
voluminous task.
Iam grateful to Lt Gen Mukesh Sabharwal, PVSM, AVSM**, VSM, Adjutant
General, Lt Gen VK Chaturvedi, AVSM, SM, Director General (MP &PS), Maj General
SCNair, AVSM, VSM, Addl Director General MP (P&P) and Shri G. Vijay Kumar,
Principal Director, ShriS. N. Singh, Principal Director and ShriA. P Mund the then DDGs
(CP) and Shri I BArora, DDG(CP), without their kind support, guidance, encouragement
and valuable suggestions at various stages, the compilation of this Compendium could not
have been completed. I would like to express my particular gratitude to Shri Banarsi Dass,
Ex-Dy Director, Shri Meghram Meena, Section Officer, Smt.Kanchan Sharma, Asst, Shri
SK Jain, UDC, Hav (Ck SD) Haridasan VC, Hav (Clk SD) (Late) 0 NUpadhayay and
Hav (Cik SD) Bhagwan Sahay of AGMP-4(Civ)(c) for their dedicated work of typing,
manuscript and editing in completing this voluminous task.
I must thank Ministry of Defence /D(JCM) specially Smt. Uma Nanduri, the then
Director (CP) and ShriS. Shankar,Under Secretary for their timely help in this task.
Last but not the least, Imust express my gratitude to Maj Gen, NMRasquinha, Addl
Director General (Adm& Coord), who has extended full cooperation in geting the printing of
this Compendium within short time.

Date: 8" September, 2010 (Dr. D.M. Dhiwal)

Labour Welfare Commissioner (Central)

11
Chapter 3
WORKSCOMMITTEE
3.1 FORMATION OF WORKSCOMMITTEE IN INDUSTRIAL
ESTABLISHMENTS UNDER MINISTRY OF DEFENCE
existence vide (Govt of India
The fornnalion of Works Committce has came into
Ministry of Labour Order No LR, 59(3) dated 07 May 1948. It provides that :
sub-section (1) of section 3 of the
(1) ln exercise of the powers conferred by
is pleased toorder
Industrial Disputes Act, 1947 (XIVof 1947),the Central Government hundred or more
one
that every employer of an industrial establishment in which
the 12 months
workmen are employed or have been employed on any day within on by or under
preceding the date of the publication of this order in an industry carriedmine an oil-field
railway, a
the authority of the Central Government (other than a federal
or a major port),shall constitute a Works Committee in
accordance with the provisions of
Disputes (Central)
the said section in the manner laid down in Part Vof the Industrial
Rules, 1947.
similar
(2) In order to avoid the existence of two bodies with, a more or less,
Welfare
charter of duties on the formation of Works Committees, the existing
Committees, wherever they may have been formed, willcease to function.

(3) A model constitution for Works Committees is given at Annexure 'C. In the
interests of uniform development of these committees and of the tradition of joint
consultation for which these Committees are specifically designed, Officers-in-Charge
will ensure that the Committees, that they set up conform to the provisions of the model
constitution as far as practicable. Any major deviations that may become necessary
should have the concurrence of this Ministry before actual introduction.

Officers-in-Charge Establishments will provide all facilities for the Works

(4)
Committees, namely accommodation, furniture, stationery, lighting etc.
Headquarters/Branches willwatch the progress of these Committees, and submit a
(5)
quarterly report to this Ministry.
MODEL CONSTITUTION AND FUNCTIONS OF WORKS COMMITTE IN
3.2
INDUSTRIAL ESTABLISHMENTS AND 0THER UNDERTAKINGS UNDER
THE MINISTRY OF DEFENCE

1. OBJECTS

The objects of the Works Committee shallgenerally be those specified in section 3(2) of
the industrial Disputes Act, 1947, and in particular :
 To provide machinery for friendly discussion and joint consultation between
administration of the establishment and the clected represcntatives of workmen cmployed thbye
them for the achievement of cO-operation betwecn the employer and employeeS and to
maximum
nd out ways and means to increase the standard of cfficiency of establishment nd
improvement of working conditions.
loprovide an agency for the organization of the welfare of workmen and promotion of
education scheme such as training and apprenticeship schemes for workmen.
Toprovide machinery for redressal of grievances.
l0 provide means for exchange of thoughts and experience of the workmen of the
various Groups/Departments/Shops etc.
2.
SCOPE
The Works Committee shall be competent to deal with question relating to :
(a) Utilization of ideas, ability and cxperience of the workmen.
(b) Affording to the workmen a greater share in and responsibility for the
determination and observance of the conditions under which they discharge their
duties.

(c) Training for higher jobs, refresher courses and further education schemes.

(d) Progressive improvement of office machinery, of work etc.

(e) (Consideration of general grievanccs and individual grievances regarding
working conditions.
() Welfare matters namely provision of meals, drinking water, lavatories,
washing arrangements, accommodation, cloak rooms, ventilation, heating, lighting,
sanitation, safety measures, first aid, grain shops, co-operative societies, etc.
(e) Administration of Labour welfare funds.
(h) Recommendations in respect of cases of disciplinary action if and when
referred to the Committee by the Officer-in-Charge Establishments.
3. MEMBERSHIP

The Committee shall consist of not more than 20

members, 50% of whom shall represent
the administration and the remaining the workmen.

(a) The representatives of the administration shall be nominated by the

Charge, Establishment, for the full term of the Committee Officcr-in

(b) The representatives of the workmen shall be elected, as provided for in the
Industrial Disputes (Central) Rules, 1947 (Now 1957).
~ 60 ~
 (c) The Labour Officer of the Establishment, if there is one, shall be ex-officio
adviser to the two sides of the Committee, and shall attend all meetings provided,
however, that he shall not participate in any voting on any issue discussed therein.

4 ELECTION

Election by the representatives of the workmen shall be in accordance with the procedure
laiddown in the said Rules.

TERM OF OFFICE

Members of the Committee shall hold office for two years.

6 RIGHT OF RE-ELECTION AND CASUAL VACANCIES

(a) Elected representatives. The workmen shall be eligible for re-election.

(b) Casual vacancies Among the representatives of the Administration shall be filled
by nomination by the Oficer-in-Charge, Establishment and among the representatives of
workmen by election. Members who fill casual vacancies shall sit for the remainder of the
current year term of the Committee.

7 COMMITTEES
The Committee shall have the power to appoint Standing Committees, Special
Committees, etc. , for reporting on any items or subjects (falling within the scope of the
Committee) that may need special investigation, provided however that the principles of equal
representation shall also be maintained on these Committees.

8. OFFICERS

(a) President. The President of the Committee shall be nominated from among the
representatives of the administration by the Officer-in-Charge, Establishment.

(b) Vice-President. The Vice-President of the Committee shall be elected by the

committee from the among the representatives of the workmen.

(c) Joint Secretaries."" The Committee shall elect two Joint Secretaries, one from
among the representatives of the Administration and the other from the workmen's
representatives, who shall function under the instructions that may be issued from time to
time in respect of the discharge of their duties by the President".

3- Substituted vide Govermment of India, Min of Defence, Corrigendum Memo No NR. 071/D-10 dated
14 Jan 49, ANNEXURE D' T0 OPRO NO 93/49

~61~
 STANDING( ORDERS
9
MEETINGS, AGENDA, I MINUTES AND
Ordinary Mectings, Ordinary Mcetings of the Committee shall he held at lcast
(a)
Once a1month, or as often as may be nccessary as decidcd at
the previous
majority vote of the members prescnt.
mecting by the
(b) Special or Extraordinary Mectings:- Spccial or Extraordinary Mectings of the
Committee may be called at the instance of the President or the Vice-Presdent, or
Similarly at the special rcqucst of not less than 50% of the members of either sides
(NOTE:- All meetings of the Committce shall be held during working hours).
(c) Agenda The Agenda, for ordinary meeting shall be circulated by the Secretary or
in his absence by the Joint Secretary jointly at least 7 days in advance of the date on
which the committee is scheduled to mect. Business noton the agenda shall be taken un
only by special permission of the President or the Vice-President. The agenda shallbe
approved by the President or in his absence by the Vice-President.

(NOTE:- In the case of special or, extra-ordinary meetings, business shall be confined
to item(s)mentioned in the noticv summoning such a meeting).
d) Minutes :- Minutes of the procedings of all meetings shallbe kept jointly by the
Secretaries. On being confirmed, they shall be signed by the President and the Vice
President.
(e) Standing Order. The Committee shallhave the power to framne Standing Orders
for the conduct of its business, as may be required.
10. QUORUM
The presence of 50% of the members from each side of the Committee shall be
to form a quorum. This quorum is, however, not necessary for an
necessary
adjourned meeting of the
Committee.
11. RECOMMENDATIONS
Allrecommendations of the Committee shall, as far as
between the two sides.
possible, be reached by agreement

(NOTES) :- ) In the event of failure to arrive at joint

event of the Officer-in-Charge, Establishment recommendations, and in the
failing to
compromise recommendations, item or items in dispute shall be efect a
referred
by the Oficer-in-Charge,
Establishment
department or staf, as the case may be.
to the next higher authority.

(ii) In matters falling within the

jurisdiction of the Officer-in-Charg
Establishment,
the recommendations made by the Committee and acceptable tv
delay.
Officer-in-Charge, Establishment shall be implemented without undue

(iiü) All other matters shall

be
Offjcer-in-Charge, Establishment. referred to higher authorities bythe
~ 62 ~
 CONSULTATION WITH THE WOKERS rPRESENTATIVES IN
MATTER OF FORMULATION ANY
AND IMPLEMENTATION OF
RATIONALISATION SCHEME
The qucstion of consultation of the Works C'ommittec in the matter of
rationalization scheme in Army inplementa
installations has been cxamincd.
At the stage of implementation of a rationalization scheme. the
Cxplainedto the workers' represcntativcs at a mecting of the Worksscherme may beand
Conmittee orieny
any
suggestion that they may have to make to mitigate thec hardships, if any, that the workers may
bave to suffer, conscqucnt on the implementation of the scheme. may be considered on mes
and necessary action taken to the extent possible. It may, however be emphasized that such
consultation is not obl1gatory and the discretion to have such a consultation with the workels
representatives vests in the administrative authorities. In cases where such consultation is not
considered feasible for reasons of security and urgency, the scheme need not be explained to the
Works Committee. While ascertaining the views of the workers representatives it may be made
clear to them that:

(a) This procedure does not amount to consultation with them.

(b) The final decision in the nmatter vests in the administration.

(c) The suggestions of the Works Committee should only be of ageneral nature.
(d) They should not sponsoindividual cases of transfer, re tention, retrenchment and so
On.

Consultation in one case cannot be quoted as a precedent for consultation in other

(e)
cases.

13. AMENDMENTS TO CONSTITUTION

constitution shall be considered at a full
All proposals regarding amendments to the
meeting of the Committee.
of
Before amendments are actually effected the concurrence of the Ministry
Note: -
Defence shall be obtained.
APPROPRIATE AUTHORITY TOPASS
3.3 WORKS COMMITTEE -
DISSOLUTION ORDERS
tha
wherein 0C Unit dissolved a Works Committee before
notice
1 An instance has come to statutory strength of
workmen's representatives
grounds that
Cxpiry of two years term on the meetings held in the unit
concerned.
four consecutivc
Was not present in the
60/02 Mar 60
74361/Org 4(Civ) (c) dated 23 Feb
20852/Org-4(Civ) (c) dated 5Jun 68
Delhi-1. letter No.
2 Amy HQ AG's Br. New Branch letter No
Army Headquarters, AG's
~63 -
 1957.
with Rule :S7 of the Industrial Disputes (Cenlral) Rules,
2. In accordance Section 3have been delcgated to any officer or
the
Central
t Or Where the powers under
under Section 39 of the Industrial
dissolve a Works Committee. Disputes Act, 1947, such
officer or IS authorityto
authority Competent
3 It is clarified that the Heads of Defence establishments (0C of the Unit / Est)
powers to dissolve the Works Committee before completion of two ycars tenure. If anyhave no
Committee is to be dissolved, the full facts of the case are to be submitted to Govt forWorksits
consideration. Central Govt only is competènt to dissolve a Works Committee if it is satisfied
tnat either ithas not been properly constituted or not less than two thirds of the number of
representatives of the Workmen bave failed to attend three consecutive meetings without
reasonable justification or for any other reason.

3.4 THE PROVISIONS OF WORKS COMMITTEE UNDER PART VII

OF INDUSTRIAL DISPUTES (CENTRAL) RULES, 1957
Rule 38. Constitution.- Any employer to whom an order made under sub-section (1) of
Section 3relates shall forthwith proceed to constitute a Works Committee in the manner
prescribed in this part.
Rule 39, Number of members.- The number of members constituting the Committee
shall be fixed so as to afford representation to the various
categories, groups and classcs of
workmen engaged in, and to the sections, shops or departments of the establishment:
Provided that the total number of members shall not exceed twenty:
Provided further that the number of representatives of the workmen shall not be less than
the number of representatives of the employer.
Rule 40.
Representatives of employer.- Subject to the provisions of these rules, the
representatives the employer shall be nominated by the employer and shall as far as possible
of
beofficials in direct touch with or associated with the
working of the establishment.
Rule 41. Consultation with trade unions-(1) Where any workmen of an
are members of a registered trade union the establishment
employer shall ask the union to inform him in
writing
(a) how many of the workmen are memberS of the
(b) how their membership is distributed among theunion; and
shop or departments of the establishment. sections,
(2) Where an employer has reason to believe that the
under sub-rule (1) by any, trade union is false, he may, information furnished to him
to the Assistant Labour after informing the union, refer the matter
Commissioner (Central) concerned for his decision: and the Assistant
Labour Commissioner (Central), after hearing the parties,
decision shall be final. shall decide the matter and his
Rule 42. Group of workmen's
for under Rule 41, the employer shall representatives. - On receipt of the information called
provIde for the election of workmen's
the Committee in two groupS representatives on
(1) thosc to bc elected by the workmen of the
registered trade union or unions, and establishment who are members ot the
(2) those to be elected by the workmen of the
the registered trade union or unions, establishment who are not members of
bearing the same proportion to cach other as the
union members in the establishment bear to the
~ 64 ~
non-members:
 Provided that where more than half the workmen are memhers of the union or any one
of the unions, no such division shall bec
made:
Provided further that where a registered trade union neglects or fails to furnshofthethe
information called for under sub-nule (1) of Rule 4I one month of the date
within of this
notice requiring it to fumish such information such union shall for the purpose
ule be trcatcd as if it did not cxist:
sub-rule
Provided further that where any relerence has becn made bythe employer under Labour
(2) of Rule 41. the elcction shall be held on receipt of the decision of Assistant
Commissioner (Central).
Rule 43. Electoral constituencies,- Where under Rule 42 the workmen's representarrve
areto be elected in two groups,the workmen cntitled to vote shall| be divided
intotwo electoral
who are
of those
onstituencies or constituencies as the case may be, the one consisting
members of a registered trade union and the other of those who are not:
constituencY
Provided that the employer may, if he thinks fit. sub-divide the clectoral
either by groups,
or constituencies, as the case may be] and direct that workmen shall vote in
sections, shops or departments.
Qualificatior of candidates for election.- Any workman ofmay not less than 19
Rule 44.
if nominated
years of age and with a service of not less than one year in the establishment
workmen on the
for election as a representative of the
as provided in these rules be a candidate
Committee:
not apply te the first election in an
Provided that the service qualification shall
year.
establishment which has been in existence for less than a
year
workman who has»put in a continuous service of not less than one
Explanation.- A to have satisfied
establishments belonging to the same employer shall be deemed
in two or more
prescribed under this rule.]
the service qualification age
voters- All workmen who are not less than 18 years of
Qualification for shall be
Rule 45.
less than 6 months' continuous service in the establishment
and who have put in not the representative of
workmen.)
entitled to vote in the election of
months
put in a continuous service of not less than 6
[Explanation.- A workman who has the same employer shall be
deemed to have
establishments belonging to
in two or more rule.)
service qualification prescribed under this
satisfied the
employer shall fix a date as the closing date for
Rule 46. Procedure for election.-(1) The election as workmen's representatives on the
candidates for
receiving nominations from
Committee. shall also fix a date which shall not he
election, the employer date for receiving
(2) For holding the later than fifteen days after the closing
and
earlier than three days advance to the workmen
nominations. notified at least seven days in
fixed shall be concerned. Suchnotice shall be affixed on the notice-
(3) The dates so
union or unions The notice shall specify the number
and the registered trade publicityamongst the workmen. departments and the number to be
board or given adequate the groups, sèctions, shops or unions and by the non-members.
elected by union or
Ol Seats to be members ofthe registered trade registered trade union or unions concerned.
the
elected by the: such noticeshall be sentto
(4) Acopy of 65 ~
 Nomination of Candidates form election.- (|) Fvery nomnatton shall he made
Rule 47
on a noMination paper in Fom'G copies of which shall be supplicd hby the employer to the
workmen(2)requiring them
Each nomination paper shall be signed by the cand1date to whom t relates and
attested by at lcast two other votcIS belonging to the group, section, shop or department the
candidate secking clection will represent, and shall be delivered to the cmployer
Rule 48. Serutiny of nomination papers-()On the day following the last day fiusd
for filing nomination papers, the nomination papers shallbe scrutinised hy the crmployer in the
presence of the candidatcs and thc attcsting nersons and those which are not valid shall be
rejccted. (2) For the puposeof sub-nulc ). anomination papcr shall be held to be not vald if
(a) the candidate nonminatod is ineligible for membership under Rule 44 r (h) the
requirements of Rule 47 have not becn complied with:
Provided that where a candidalaor an attesting pers on is unablc to be present at thc
time of scrutiny, he may send aduly authorized nominee for the purpose.
|Rule 48-A. Withdrawal of candidates validly nominated.- Any candidate whose
nomination for election has been accepted may withdraw his candidature within 48 hours of the
completion of scrutiny of nomination papers.]
Rule 49. Voting in election,- (1) If the number of candidates who have been validy
nominated is equal to the number of seats, the candidates shall be forthwith declared duly
elected.
(2) If in any constituency the number of candidates is more than the number of seats
allotted to it, voting shall take place on the day fixed for election.
(3) The election shallbe held in such manner as may be convenient for each electoral
constituency..
(4) The voting shaH be conducted by the employer, and if any of the candidates belong
toa union such of them as thc union may nominate shall be associated with the election.
(5) Every workman entitled to vote at an electoral constituency shall have as many
votes as there are seats to be filled in the constituency:
Provided that each voter shall be entitled to cast only one vote in favour of any one
candidate.
Rule 50. Arrangements for election.- The employer shall be responsible for all
arrangements in connection with the election.
Rule 51. Officers of the Committee.- (1) The Committee shall have among its
bearers a Chairman, a Vice-Chairman, a Secretary and a Joint-Secretary. The Secretary andoftiethe
Joint-Secretary shall be elected every year..
(2) The Chairman shall be nominated by the employer from
amongst
representatives on the Committee and he shall, as far as possible, be the head
the employerS
of establishment.
(2-A) The Vice-Chairman shall be elected by the members on
the Committe
representing the workers, from amongst themselves:
Provided that in the event of equality of votes in the election of the
matter shall be decided by draw of a lot.] Vice-Chairnan, the
(3) The Committee shall elect the Secretary and
the
where the Secretary is elected rom amongst the representatives ofJoint
the
Secretary provided that
the Joint Secretary shall be elected trom amongst the employers.
Vice verSa:
representatives of the workmen and
Provided that the post off the Secretary or the Joint Secretary, as the case may be, shall
not be held by a representative of the empl0yer or the
workmen for two consecutive years.
~ 66
 [Providedthat the representatives of the cmployer shall not take part inthe election of
Joint represcntatives of the
the Secretary or Secretary, as the
workmen and only the representativescase may be,workmen
of the from shall betheentitled to vote in such
amongst
elections.]
[(4) In any election under sub-rule (3), in the event of cquality of votes, the matter shall
be decided by a draw of lot.)
Rule52, Term of office- [(1) The term of office of the represcntatives on the Committee
other than a member chosen to fill a casual vacancy shall be two years.J
(2) A member chosen to fill a casual vacancy shall hold office for the unexpiredterm of
his predecessor.
(3) Amember who without obtaining leave from the Committee, fails to attend tnree
consecutive meetings of the Committee shall forfeit his membership.
[Rule 53. Vacancies.- In the event of workmen's representative ceasing to be a membel
under sub-rule (3) or Rule 52 or ceasing to be emploved in the establishment or in the event or
his ceas1ng to represent the trade or vocation he was representing, or resignation or death, his
Successor shall be elected n accordance with the provisions of this Part from the same categoy>
group, section, shop or department which the member vacating the seat belonged.j
consultative
Rule 54. Power to co-opt.- The Committee shall have the right to co-opt in a
or special knowledge of a
capacity persons employed in the establishment having particularentitled to vote and shall be
matter under discussion. Such co-opted member shall not be
question is before the
present at meetings only for the period during which the particular
Committee.
not less often
Rule 55. Meetings.- (1)The Committee may meet as often as necessary but
than once in three months (a quarter).
procedure.
(2) The Committee shall at its first meeting regulate its own
accommodation for
Rule 56. Facilities for meeting, etc.- (1)The employer shall provide
meetings of the Committee. He shall also provide all necessary facilities to the
holding
carrying out the work of the Committee. The
Committee and to the members thereof for
shall ordinarily meet during working hours of the establishment concerned on any
Committee while
and the representative of the. workmen shall be deemed to be on duty
working day
attending the meeting. of the Chairman.
may, with the prior concurrenceestablishment.]
[(2) The Secretary of the Committee
of the
notice regarding the work of the Committee on the notice board
putup returns as in
Submission of returns.- The employer shll submt half yearly not later than
Rule 56-A. Labour Commissioner (Central)
cancerned
triplicate to the Assistant
Form G-1 in
the half-year.]
the 20" day of the month following The Central Government, or
where the
of Works Committee.-
Dissolution making such
Rule 57.
has been delegated to any officer or authority may, after
power under Section 3 dissolve any Works Committee
at any time, by an order in
inquiry as it or he may deem fit,
Committee has not been constituted in accordance with
that the
writing, if he or itis satisfied two-thirds ofthe number of represèntatives of the workmen
than
these rules or that not less justification failed to attend three consecutive function:
meetings of the
have without any reasonable had, for any other reason, ceased to
Committee undertthis rule the employer may,
Committee or that the Committee is dissolved
Works
Provided that where a Government or, as the case
may be , by such officer or
Central Committee in accordance with these rules.
and if so required by the to re-constitute the
authority, shalltake steps

-67~
 Anncxurc T to Appcndix "B' to letter
No 20852/Org-4(Civ) (C) dated 19 Dec 73

FORM 'G'
(See Rule 47)
(Fom of Nomination Paper

Name of Industrial Establishment Group/Section/Shop/Department

Inominate (here enter the name of the workmen's representative eligible for election)
as a candidate for election to the Works Committee. He is eligible as a voter in the
constituency
for which he is nominated.

Dated
Signature of proposer.
lagree to the proposed nomination. .

Dated
Signature of candidate.

Attested by : (1)
(2)
(To be signed by any two voters
belonging to the elected constituency).
 Annexure II' o Appendix "B' to letter
No 20852/Org-4(Civ) (c) dated 19 Dec 73

FORM G-1"
(See Rule 56A)

Progress Report on constitution and functioning of Works Committee for the half-year end1ng
the 30th June/3 1 December
1. Name and address oftheestablishment.

2. Name of the employer.

3. (a) Number of workmen employed.

(b) Names ofUnions, if any.
(c) Affiliation of the Union (s) to the Central Organisations of workers.

4. If the Works Committee has been functioning :

(a) Date of itsconstitution.

(elected members).
(b) Number of workmen's representatives (nominated members).
representatives
(c) Number of employer's half-year (with dates).
(d) Number of meetings held during the
encountered in its
not been functioning, the difficulties
5. If the WorksCommittee had
Constitution/functioning.

6. Generalremarks, if any.

.Signature of employer
Date..
.or his representatives.
Place.

Strike out the portion not applicable.

 3.5
WORKS COMMITTEE ELECTIONS - QUALIFICATIONS FOR
CANDIDATES -OUALIFICATIONREGARDING
1 Bule 44 'of the Industrial Disputes (Central) Rules 1957 stipulates
workman of not less than 19 ycars of age and with a scrvice of not less than one that any
the
establishment may, if nominated as provided for in these Rules, be a ycar in
elechon, as a representative of the workmen on the Works Committee. candidate for
2. A questionarose as to whether the service rendered earlier by an
employees in another unit or installation under Ministry of Defence be taken industrial
inte
consideration or not for computing 'one year service for the purposes of the Rule
In para 1above. When an employees is transferred from one unit
to quoted
service of that employee is taken intoconsideration for the purpose another, the previous
of Seniority, fixation
of pay and so on and as such previous service will also be
taken into
computing one year service stipulated in Rule 44 of the Rules referred toconsideration
in para I above.
for
In other words, when an employee, whether
industrial or non-industrial is transferred or
adjusted under A.0, 4/S/53. and all his previous services in one or
establishment are taken into consideration for seniority, increment in paymore
and
than one
so on, he
may be deemed to have fulfilled the condition of
one year service in the estahlishment
stipulated in the Rule mentioned above, if however, the total servicc
CXceeds One year. rendered by him
3.6
FORMATION OFA WORKS COMMITTEE : QUESTION
WORKERS ARE TAKEN INTO ACCFOUNT FOR WHETHER CASUAL
CONSTITUTION OF A WORKS COMMITTEE PURPOSES OF
1. Section 3(1) of the Industrial Disputes Act
Industrial Establishment in which 100 or more stipulates that in the case of any
workmen
employed on any day in the preceding 12 months, the are employed or have been
or special order require the
employer appropriate Guvl may bygeneral
to constitute a Works
words 'on any day in the preceding 12 months' Committee. Here the
clearly
figure 100 for the constitution of the
Works Committee needindicate
not be
that the qualifying
static. Even on a
particular day in preceding 12 months if the
employer is bound to constitute the Works strength of workmen becomes 100,
2. Since no discrimination is made Committee as required under the rules.
3(1) read in conjunction with Sec 2(s) of between casual and regular workmen in Sec
that casual daily-rated the Industrial Disputes Act, it is
100° for constitution ofemployees may also be appropriate
a Works Committee. taken into account to arrive at the figure

35
Army Headquarters, AG's Branch, DHÌ PO New Delhi
Army Headquarters, AG's Branch, DHÌ) PO New Delhi-11, letter No.
36
-11, letter No 20852/Org 4(Civ)(c) dated 05 Jun 65.
1969.
20852/Org-4(Civ) (C ) dated 30 Sep
 3.7 WORKS COMMITTEE IN DEFENCE INSTALLATIONS:--CLARIFICATION
ON CERTAIN POINTS

1 Army Hqrs had raised the following three points for consideration of Government,
in connection w1th the Works Committees in Defence installations :

(a) Whether a suspended employees can stand for the Works Committee
elections?.

(b) Whether, if elected, he has a legal right to attend the meeting of the
Works Committee; and
(c) Whether a Works Committee can be dissolved on the ground that it
cannot function due to lack of quorum?
consultation
2 The above mentioned points have been examined by this Ministry in
with the Ministry of Law who have answered as follows :
in the affirmative. Thethird
The answer to points mentioned at (a) and (b) above is
the regulations framed under
point raised can be answered only after taking into consideration
As such, each such case has
rule 55 (2) of the Industrial Disputes (Central) Rules, 1957 if any.
consideration.
to be examined on merits, taking all the relevant factors into
INSTALLATIONS
3.8 FORMATION OF WORKSCOMMITTEES IN DEFENCE
practice with regard to the method
1. It has been observed that divergence of opinion and
persists despite issue of clarifications on the
of conducting elections to Works Committees
had been received, particularly with
subject from time to time. A number of representations
demarcation of constituencies for conducting
regard to the method that should be adopted in and instructions contained in the
elections. The entire matter has been re-examined
of Units/hstallations in setting up
succeeding paragraphs should guide Officers Commanding
Works Committees.
pursuance of the industrial Disputes
2 Works Committees are statutory bodies set up in
Rules, 1957, lays down the procedure
Act, 1947. Part VIl of the Industrial Disputes (Central) sufficiently detailed and their correct
rules are
for setting up Works Committees. These setting up of Works Committees corectly as
implementation should automatically result in
required by the law.
reference to the rules in Part VIl of the Industrial Disputes (Central) Rules, 1957.
A
3.
show that rule 39 though titled Number of Members', deserve special attention. It
would
reads : shall
Number of Members - The number of members constituting the Committee
"39, classes of
fixed so as to afford representation tothe various categories, ground and
establishment:
be sections, shop or departments of the
workmen engaged in, and to themembers shall not exceedtwenty.
Provided that the totalnumber of

(2)70/13915/D(Lab) dated 23 -10-1970. dated

37
MofD u.o No.6 DHÌ PO New Delhi-1l, letter No 20852/Org-4(Civ) (c)
General's Br,
38
Army Headquarters, Adjutant
19 Dec 1973. ~71 ~
 Provided further that the number off representatives of the workmenshall not be
less than the numbcr of representatives of the employer.
In short, the Rule provides that the number of members constituting the Works
Committee shall be so fixed as to afford representation to the various
CatcgonesS,groups arnd classes of workmen cngaged in, and to the sections,
shops or departments of the establishment. Obviously the rule demands compliance of
the following two requirements :
(a) representation to the various categories, groups and classes of workmen
engaged in; and

(b) representation to the sections, shops or departments of the establishment

4. These requirements have to be complied with, before proceeding further with

any other action for setting up a Works Committee under subsequent rules.
5. Rule 43 of the Industrial Disputes (Central) Rules, 1957, titled as 'Electoral
constituencies" is subservient to Rule 42 and would come into operation only when in
pursuance of Rule 42, the workmens' representatives are to be elected in two groups.
6. In accordance with Rule 49(5) of the Industrial Disputes (Central) Rules, 1957,
every workman entitled to vote at an electoral constituency is to have as many votes as
there are seats to be filled in the constituency.

7. The practice of treating the entire installation as one constituency and permitting
all the voters in the installation to cast as many votes as there are candidates will not
always satisfy the conditions prescribed in Rule 39 of the Industrial Disputes (Central)
Rules, 1957. To the extent these were not satisfied, the Committee would not be
constituted according to statutory provisions in this regard, and its formation would be
questionable. In fact, in the past, on more than one occasion, Government had to
dissolve Works Committees because they were not constituted in accordance with the
law governing their constitution. To avoid this, and to bring about uniformity in the
method of setting up Works Committees, the authorities responsible to set up Works
Committees should fully acquaint themselves with the Rules
the Industrial Disputes (Central) Rules, 1957 and should ensurecontained
in Part Vll of
the formation of Works
Committees strictly in accordance with the Rules.
 3.9 ALLOTMENT OF SYMBOL IN WORKS COMMIITEE ELECTION
(a) Thc ponts of doubt with regard to allotment of svmhal tothe Works Committee
Elections have been clarificd by Min of Labout which is as under.
() Whether it is obligatory on the part of the employer to allot a particular
smbol in Works Commitec elcctions toany Union's official candidate (Union
is registercd but not recognizcd) ?
I1 is not obligatory on the part of the employer to allot a particular
symbol in the Works Committcc clections requested by a registered Union s
official candidate, though normally such symbol may be allotted if the same
has not bcen claimed by any other candidatc
(i1) In casc a similar symbol is cla1mcd by acandidate proposed by a
different group in the same union, then how thc matter regard1ng allotrment is to
be decided.?

In case similar symbols are requested by two candidates, the election

officer may freeze such symbols and allot different symbols by draw of lots or
any other impartial method at the discretion of the Returning Officer Election
Officer.
(ii) Whether the employer/election officer is empowered to reject the similar
symbols claimed by candidates and allot "a fresh symbol to contesting
candidates as may be decided by him upon the simplicity and uniqueness.?
The Returning Officer may reject similar symbols of candidates and
allot fresh symbols to the contesting candidates in the interest of free and fair
elections as mentioned in Para (ii) above.
3.10 REPRESENTATION OF SUPERVISORS ON WORK COMMITTEES

According to the definition of 'workman' given in Section 2 (s) of the Industrial

Disputes Act 47, as amended, persons employed in a supervisory capacity, drawing wages not
exceeding Rs 500.00 pm1 and not exercising functions mainly of a managerial nature, are to be
considered as workmen. Supervisors in Ordnance Factories and TDEs are, therefore to be
considered as workmen.
2 The Works Committees are to consist of representatives of workmen and the
employer. The employer should, therefore, choose his representatives rom amongst officials
who are Commissioned Officers or Gazetted Officers. Where there is a shortage of
Commissioned/Gazetted Officers, non-gazetted officers such as Foremen, can be nominated as
employer's representatives provided they are not workmen within the definition given in
Sectior 2 (s) of the Industrial Disputes Act 1947, as amended and now in force.

Jun 90.
MOD ID No. 15(i)/88/DJCM) dt 12 Jun 90 and 20852/0rg 4 (Civ)(c) dt 18
39

dated 9 Nov 57.

Amy Headquarters. AG's Branch, letter No 20852/A G/Org-4(c)
40

- 73 ~
 3.11 WORKS COMMITTEE FUNCTIONING IN DEFENCE ESTABLISHMENT
COMMITTEES!
KEPRESENTATION OFSUPERYISORS IN WORKS
The personnel performing Supervisory duties and drawing wages exceeding Rs
representatives of
may be nominated to Works Committees as
500/-pm
under Rule 40 of the Industrial Disputes (Central) Rules, 1957 provided all the otheremployers
conditions mentioned under the said Rule are fulfilled and the Staff
Supervisory duties so nominated are not 'workman' under the existing provisions of performing
the Industrial Disputes Act, 1947.

3.12 ELIGIBILITY OF ELECTED WORKS COMMITTEE REPRESENTATIVES TO

CONTINUE IN THE wORKS COMMITTEE WHEN PROMOTED TO
SUPERVISORS"
The advicegiven by the Ministry of Law is as follows :
"When a workman is promoted as a Supervisor and draws salary of more than
Rupees five hundred a month, then he ceases to be a workman. He can, therefore no
longcr represent the workers on thc Works Commiltcc sincc Rulc 39 of the IndusÍrial
Disputes (Central) Rules clearly provides that the representation is meant for
workmen according to various categories, groups and classes on the basis of the
sections, shops and departments of the establishment.
In the circumstance, when a workman ceases to be a "workman" according to
definition in the ID Act by reason of such promotion to a higher category, there is a
vacancy in the Works Committee as such persons cannot any longer represent the
workmen in the Works Committee".

3.13 WORKS COMMITTEE - NOMINATION OF OFFICERS FOR FORMATION OF

SUB- COMMITTEES$

A query has been raised as to whether the selection of officers for various sub
committee
under Para 7 of Annexure C' to CPRO 93/49 can only be made from the nominated
members of the' Works Committees or officers who are not members of the Works
Committees can also be nominated for such committees.
2. Selection of officers for various
sub-committee which are set up for
adhoc basis can be made from the officers whoare not members of the specific purpose ol
Works Committee.
As regards standing Sub-committee of Works committee, only
members of Works committee
can be nominated to such committees.

41
ArmyHeadquarters, AG's Branch letter No
20852/Org-4(Civ) (c) dated 9Nov 76.
42
AG's Br/Org-4 (Civ) (c) letter No 20852/Org-4(Civ) (c) dated 25 Nov 78 and M.O.D u.o No 30(1Y78/DJCM)
dated 28 Oct 78.

43 Army Headquarters, AG's Branch,,DHQ PO New Delhi - 11, letter No.20852/Org 4(Civ)[c) dated 26 Nov1964.
 , WORKS COMMITTEE-RE-ELECTION OF OFFICE
BEARERS"
1. The folloWing pontswerc raiscd in conncction with Works
(Committecs, for clar1ification .
(a) Whether Vice-Chairman of the Works Committee who is appointed by clection by e
members can be removed before the cxDiry of his nornal tenure if no contidence
expressed againsthim by majority of the mcmbers?
(b) Whether the members of an clected body (in the Works Committec) can stage a waih
out against the decision of the Chairman?

The above pointshave been examined and theposition is as under :

(a) Para 1(a)
As the Vice-Chairnman of the Works Committee is appointed by election by tne
members, he can be removed before the expiry of his normal tenure if "no confidence
is expressed against him by majority of the members. Similarly, vote of 'no
confidence' can be expressed against any other office bearers of the Works Committee,
who are elected by the members. Re-election can be held for the post (s) which fall
vacant as a result of this.

(b) Para 1(b)

In an elected body the right of the members to stage a walk-out as a protest
against the decision of the Chairman is an accepted convention. AS such no curb
can be placed on any member of the Works Committee on staging a walk-out.

3 It is necessary that the spirit and object of the Works Committee is constantly borne in
mind, both by the representatives on official side and on the workers side. The Works
Committee provides a form for discus_ion on problems of common interest to achieve
maximum cooperation between the employer and the employees for increasing standards of
efficiency and improvement of working conditions. It is the duty of the Works Committee to
preserve amity and good relations between employers and workmen, and to try to compose any
material differences of opion. If the work of these Gommittee is regulated properly,
situations like passing of 'no confidence' motions and staging of walk-outs' should not
normally arise.
3.15 WORKS COMMITTEE -ELECTION OF OFFICE BEARERS
In one of the establishments all the four office bearers of the Works Committee viz.
Chairman, Vice-Chairman, Secretary and Joint Secretary were elected with both the official
side representatives and the elected representatives participating in the elections. This led to
protracted dispute between the Management and the union, as the latter contended that
participation of the official side representatives in the elections particularly of the Vice
Chairman and the Secretary was contrary to the provisions of the Industrial Disputes (Central)
Rules, 1957.

#4 Arny Headquarters, AG's Branch, DHÌ PO New Delhi-11, letter No 20852/0rg-4(Civ) (c) dated 28 Oct 1968.
MofD u.o. No. F.30 (3):78/D(J.C.M), dated 16-9-1978. Ministry of Labour, Office of the Chicf of Labour

Commissioner Centra) letter No. LW/16( |1 )/74, dated the 30" November, 1974.
75
 correct
2 To avoid such a situation aISing in other establishments the posttion s clarified
in the succecding paragraphs.
3 sub-rule S1(2) ibid the Chaiman has necessarily to be nominated hy the
employerVidefrom amongthe representatives of the cmployer on the Committee. As such the
question of clecting the Chaiman docs not arise.
4 As stipulated in sub-nule `1 (2A) ibid, the Vice-Chairman has to be by the elected
elected members of the Committec from amongst themselves. It follows that in
the election of the Vice-Chaiman is the cxclusive privilege of the representat1ves of th partiCipation
workers and under no circumstances the representatives of the cmployer are to
the clection. In case they do, the clection will be null and void.
in particIpate
Vide sub-rule S1 (3) ibid, the Secretary and Joint Sccretary arc to be elected jointly
the representatives of the employer and the representatives of the workers. Participation of
employers representatives in the elections of Secretary and Joint Secretary is therefor
perfectly in order in accordance with provisions of the said sub-rule.
6 It may, however, be added that as far as the employer's nominee as
SecretarylOnJointthe
Secrelary is concermcd, there is invariably only one candidate to contest the elections.
other hand, there may be more than one candidates contesting the elections for the post of
Secretary/Joint Secretary from amongst the workers' representatives Under Such
circuustances although the employers representatives would be within their right to
participate in the elections to avoid any possible misunderstandings by one section or the other
of the workers'
representatives.
3.16 UNANIMOUS RECOMMENDATIONS OF TIIE WORKS COMMITTEL
An instance has come to the notice of the
Government where the
Works Committee
under the Chaimanship of an Officer next to the Head of the
at a rccommendation in regard to a subject, but the establishment unanimously arived
Head of the establishment concemed did
not find it feasible to accept that recommendation.
2 A question, then arose whether it was
accept and implement the unanimous obligatory on the Head of the establishment to
recommendation of the Works Committee or not.
3 The matter has been examined in
and Rehabilitation. The position is consultation with the Ministry of Labour Employment
guidance of all concerned. explained in the succeeding paragraphs for information and
4 Inaccordance with Section 3of Industrial Disputes Act, 1947, the
Works Committee is to promote function of the
measures tor securing
relations between the employers and workmen and, to and preserving amity and good
their common that end, to comment upon
interest
or concern and o matters
opinion in respect of such matters. This endeavour
to compose any material difference of
its recommendations Committee is,
cannot be binding on the Head of antherefore, a body and
installationrecommendat
establishment.ory
40 Govt of India, Min of Def New Delhi. Memo No.
6(1)/70/6938/D(Lab)dated
~ 76~ 13 Maay, 1970.
 As per sub-nule(2) to Rule S1 of Industriai |Disputes (C entral) Rules, 1957, the Charnarn
ofthe Works Committee is to bc nominated by the emplover from armongst the employers
represcntatives in the Committcc and he should, as far as possible. he the Head of the
Cstablishment. Il is considercd that subject to exigencies of work. It would be more appropriate
l
and uscfiil if the Hcad of establishment himsclf presided over the meetings of the Works
(ommittces. He would then be able to have a first-hand appreciation of the problems coming
upfor. discussion and gude cffectivclythe discussion thereon to arrive at feas1hle
conclusions
Altemativcly. the tcntative vicw of Hcad of the establishment on the particular pont (s)
should be made known to the official side representatives well in advance of the discussions In
the meetings ofthc Works Committecs.

J17 TRANSFER OF WORKMAN ELECTED AS REPRESENTATIVES IN THE

WORKS COMMITTEES7

The Chict Labour Commissioper in the Ministry of Labour. vIde his letter vo
W16(10)75 of T" May 1975, had issucd instructions that the representat1ves of the Works.
Committees may not be transfered from one Establishment to another during their tenure as
Members of the Works Committe. The only exception to this general practice. however.
their own intereSt
would be when the transfer becomes absolutely necessary and inevitable in
ie. when they are promoted to higher posts/grades, or at their own request.
The matter has been considered in this Ministry in consultation with the service
Headquarters. Since the Works Committees are formed under statutory Rules, it is felt that the
elected representatives of Works Committees may be given protection against transfer
relations. The transfer
during their tenure of membership in order to maintain harmonious
also not be effected even from one installation to another except on grounds of
may
discipline, promotion, reduction in establishment or operational requirements.
Works
3 It is also suggested that for transferring the elected representatives of
the local managements
Committee on grounds of operational requirements and disciplineexplaining the reasons for
after
should be instructed to obtain prior approval of the Ministry
the possibility of vicitimisation of any
the transfer. The proposal is made only to eliminate
representative by the local management through colourable exercise of power. The
worker's
procedure, if adopted, would alsoremove suspicion in the minds of the elected representatives
apprehension of victimization.
of the Works Committee and dispel any
TRADE UNIONS
3.18 CONSULTATION WITH
Unions as
regarding non-consultation with Trade
1. There are a number of cases repõrted connection, it is
under Rules 41 of Industrial Dispute (Central) Rules, 1957. In this registered under
envisaged 1947Union means any Trade Union
clarified that under IndustrialDispute Act, Units/Estts
employer i,e. CO/OC of the ArmyRegistrar
1926. It is the responsibility of of
Irade Union Act, Trade Unions functioning in the Units/Ests.
to ascertain, which are the registered ascertain
iurisdiction over the Unit/Estts should invariably be consulted to Al
Trade Unions having
Trade Unions existing on the records of the saidauthority.
Which are the Registered registration is valid should be consulted for formation of works
Registered Trade Unions whose for constitution of works
notification for conducting election
committee before issuing any
committee.
(24)/75/D(Appts) dated gnt April, 1980.
Memorandum No. 13
Def New Delhi, Office
47
JoVt of India. Min of
77~
2.
The case has also come to the notice of Army HQ that Arny Units/ Ests is located in the
jurisdiction of morethan one Registrar of Trade Unions under Trade Unions Act, 1926, in such
Cases any registered Trade Union, if it is registercd under any one of these Registrar of Trade
Unions having the jurisdiction over the Units/Estts should be consulted before issuing
notification for conducting election for constitutionof the Works Committee.