Labour Hub › Industrial Relations Code › Sections › Section 72

Industrial Relations Code, 2020 · CHAPTER IX — LAY-OFF, RETRENCHMENT AND CLOSURE

Section 72: Re-employment of retrenched worker

Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026

Section 72 — Governs re-employment of retrenched worker and the rights, duties, powers or procedure expressly stated in this section. Key operative text: Where any worker is retrenched and the employer proposes to take into his employment any person within one year of such retrenchment, he shall, in such manner as may be prescribed, give an opportunity to the retrenched workers…

Full official textSource checked: 20 August 20261 direct Central Rule link(s)

Current-law status

All provisions were brought into force from 21 November 2025 under S.O. 5320(E); use the current India Code consolidation because the Code also reflects the 2026 amendment/transition framework.

Primary sources

Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗

Finin2min analysis — what the section actually does

Operative clauses

Where any worker is retrenched and the employer proposes to take into his employment any person within one year of such retrenchment, he shall, in such manner as may be prescribed, give an opportunity to the retrenched workers who are citizens of India to offer themselves for re-employment and such retrenched workers who offer themselves for re- employment shall have preference over other persons.

Provisos, explanations & qualifications

No proviso/explanation was separately extracted from this section text.

Thresholds and timelines in the text

Re-employment of retrenched worker.—Where any worker is retrenched and the employer proposes to take into his employment any person within one year of such retrenchment, he shall, in such manner as may be prescribed, give an opportunity to the retrenched workers who are citizens of India to offer themselves for re-employment and such retrenched workers…

Actors expressly appearing in the text

Employer, Worker

Full statutory text — Section 72

Official English text transcribed from the current India Code consolidation; page headers/line breaks are normalised for web reading. The Gazette/India Code PDF remains authoritative for typography, amendment footnotes and schedules.

72. Re-employment of retrenched worker.—Where any worker is retrenched and the employer
proposes to take into his employment any person within one year of such retrenchment, he shall, in such
manner as may be prescribed, give an opportunity to the retrenched workers who are citizens of India
to offer themselves for re-employment and such retrenched workers who offer themselves for re-
employment shall have preference over other persons.

How to apply this provision

Primary statutory test — Where any worker is retrenched and the employer proposes to take into his employment any person within one year of such retrenchment, he shall, in such manner as may be prescribed, give an opportunity to the retrenched workers who are citizens of India to offer themselves for re-employment and such retrenched workers who offer themselves for re- employment shall have preference over other persons.
Numerical or timing control — Re-employment of retrenched worker.—Where any worker is retrenched and the employer proposes to take into his employment any person within one year of such retrenchment, he shall, in such manner as may be prescribed, give an opportunity to the retrenched workers who are citizens of India to offer themselves for re-employment and such retrenched workers…
Central Rule mapping — 28. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
Evidence file — retain facts and records proving the role/status of: Employer, Worker.

Why this is section-specific: the operative-clause, exception, threshold and cross-reference panels above are extracted from Section 72 itself rather than a generic “trigger/control/evidence” template.

Rules, forms and cross-references

Direct 2026 Central Rule mapping

Rule 28

Forms mapped

No prescribed form is directly mapped in the current concordance.

Other sections cited in this text

None expressly mapped in the current concordance.

Related Labour Hub resources

Model Standing Orders, 2026 Labour litigation

A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.

Worked example

Suppose an industrial establishment reaches a step governed by re-employment of retrenched worker. HR/IR should create a dated file showing coverage, the competent authority/union status, required notice or application, service proof and the result. One operative text point to test is: “Re-employment of retrenched worker.—Where any worker is retrenched and the employer proposes to take into his employment any person within one year of such retrenchment, he shall, in such manner as may be prescribed, give an opportunity to the retrenched workers who are citizens ” Read the mapped Central Rule(s) 28.

Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.

Q&A — Section 72

What does Section 72 of the Industrial Relations Code cover?

What is the main legal requirement or power in Section 72?

The first operative clause identified from the official text is: “Where any worker is retrenched and the employer proposes to take into his employment any person within one year of such retrenchment, he shall, in such manner as may be prescribed, give an opportunity to the retrenched workers who are citizens of India to offer themselves for re-employment and such retrenched workers who offer themselves for re- employment shall have preference over other persons.” Read it with the remaining subsections and any proviso below.

Does Section 72 contain a proviso or explanation?

No standalone proviso or explanation was extracted from this section text. Check the full text below for clause-level qualifications.

What time limit, percentage or amount appears in Section 72?

The provision contains this numerical/time expression: “Re-employment of retrenched worker.—Where any worker is retrenched and the employer proposes to take into his employment any person within one year of such retrenchment, he shall, in such manner as may be prescribed, give an opportunity to the retrenched workers who are citizens of India to offer themselves for re-employment and such retrenched workers…” Apply it only in the clause and context in which it appears.

Which 2026 Central Rules are linked to Section 72?

The current concordance maps Section 72 to Central Rule(s) 28.

Is Section 72 currently operative?

All provisions were brought into force from 21 November 2025 under S.O. 5320(E); use the current India Code consolidation because the Code also reflects the 2026 amendment/transition framework.

Source & verification trail

Act: Industrial Relations Code, 2020 — official India Code PDF ↗

Central Rules: Industrial Relations (Central) Rules, 2026 — G.S.R. 342(E), 8 May 2026 ↗

Official library: Ministry of Labour & Employment — Labour Codes ↗

Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.

Reliance note: This page is an educational legal-reference layer. Verify the current official text, the applicable Central/State rules, notifications, schemes and judicial decisions before acting on a live matter.