Rule 6: Grievance Redressal Committee

Finin2min analysis — operative rule mechanics

Full notified text — Rule 6

6. Grievance Redressal Committee.– (1) The Grievance Redressal Committee (hereinafter in this Chapter referred to
as the “Grievance Committee”) in an industrial establishment employing twenty or more workers, shall consist of equal
number of members representing the employer and workers, which shall not exceed ten members.

(2)       The representatives of the employer in the Grievance 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, preferably the heads of major departments of the industrial establishment.

(3) The representative of workers of the Grievance Committee shall be chosen in the following manner, namely: ––

         (a) where there is a negotiating union under sub-section (2) or sub-section (3) of section 14 of the Code, such
     negotiating union shall nominate the worker’s representatives of the Grievance Committee;

         (b) in the case of a negotiating council under sub-section (4) of section 14 of the Code, every registered Trade
     Union representing in the negotiating council shall be nominated in the Grievance Committee in proportion to the
     number of workers of the industrial establishment who are members of such Trade Union;

         (c) where there is no recognised negotiating union or negotiating council referred to in the clauses (a) and (b),
     the workers of the industrial establishment shall choose amongst themselves the worker’s representatives of the
     Grievance Committee:

          Provided that the employer may, deploy an electronic platform for choosing worker’s representatives under
     this clause, over an information technology application, online platform or such other like platform:

          Provided further that there shall be adequate representation of women workers in the Grievance Committee
     and such representation shall not be less than the proportion of women workers to the total workers employed in
     the industrial establishment.

(4) The term of the members of the Grievance Committee shall be three years.

(5) Where there is no recognised negotiating union or negotiating council and if any dispute arises regarding choosing
of the worker’s representative to the Grievance Committee, the matter may be referred to the concerned Regional Labour
Commissioner (Central), who shall, after hearing the parties, decide the matter, whose decision shall be final.

Application and evidence

1. Primary statutory test — (1) The Grievance Redressal Committee (hereinafter in this Chapter referred to as the “Grievance Committee”) in an industrial establishment employing twenty or more workers, shall consist of equal number of members representing the employer and workers, which shall not exceed ten members.
2. Additional operative limb — (2) The representatives of the employer in the Grievance 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, preferably the heads of major departments of the industrial establishment.
3. Qualification / exception to test — Provided that the employer may, deploy an electronic platform for choosing worker’s representatives under this clause, over an information technology application, online platform or such other like platform:
4. Numerical or timing control — (4) The term of the members of the Grievance Committee shall be three years.
5. Code Section mapping — 4. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
6. Evidence file — retain facts and records proving the role/status of: Employer, Worker, Trade union.

Cross-references & prescribed forms

Worked example

Q&A — Rule 6

Primary sources