Rule 5: Works Committee, its constitution and matters related thereto.

5. Works Committee, its constitution and matters related thereto.– (1). Constitution of Works Committee: Every employer to whom an order made by the State Government under sub-section (1) of section 3 relates, shall forthwith proceed to constitute a Works Committee (hereinafter in this rule referred to as the Committee) to promote measures for securing and preserving amity and good relations between the employer and workers and, to that end, to comment upon matters of common interest or concern, in the manner specified in this rule. (2). Number of Members: (i) 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 industrial establishment. (ii)The total number of members of the Committee shall not exceed twenty. (iii)The number of representatives of the workers in the Committee shall not be less than the number of representatives of the employer therein. Provided that the industrial establishment in which women workers are employed shall have adequate representation of women workers in Works Committee and such representation shall not be less than the proportion of women workers to the total workers employed in the industrial establishment. (3). Representation of Employer: Subject to the provisions of this rule, the representatives of the employer in the 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: Where the workers of the industrial establishment are members of a registered Trade Union or Trade Unions, the 4  5 employer shall ask such registered Trade Union or Trade Unions to inform him in writing as to–– (a) number of the workers who are members of such registered Trade Union or Trade Unions; and (b) if the employer has reason to believe that the information furnished to him by the registered Trade Union or Trade Unions is false, he may, after informing such registered Trade Union or Trade Unions, refer the matter to the Deputy Commissioner of Labour, who shall, after hearing the parties, decide the matter and his decision shall be final. (5). Group of Workers’ representatives: On receipt of the information called for under sub-rule (4), the employer shall provide for the choosing of worker‘s representative of the Committee in the following manner, namely:–– (a) in the case of a negotiating union under sub-section (2) or sub-section (3) of section 14, such negotiating union shall nominate the worker‘s representatives of the Committee; (b) in the case of the negotiating council under sub-section (4) of section 14, the nomination shall be in such manner that every registered Trade Union representing in the negotiating council shall be represented in the 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 clauses (a) and (b), the workers of the industrial establishment shall elect amongst themselves the worker‘s representatives of the Committee: Provided that the employer may, deploy an electronic platform for conducting the election process over an information technology application, online platform or such other platform to enable as to how the representatives of workers shall be elected for the Committee under this clause: Provided further that where a registered Trade Union fails to furnish the information called for under sub-rule(4) within one month of the date on which it is so called for, then, such Trade Union shall for the purpose of this rule be treated as if it did not exist: Provided also that where any reference has been made by the employer under sub-rule (4), the process of choosing the worker‘s representative relating thereto shall be held on receipt of the decision of the concerned Regional Labour Commissioner (State). 5 6 (6). Electoral Constituencies: The employer may, if he thinks fit, direct that the workers shall vote in either by groups, sections, shops or departments. (7). Qualification of Candidates for election: Any worker, of not less than nineteen years of age and with a service of not less than one year in the industrial establishment may, if nominated as provided in this rule, be a candidate for election as a worker‘s representative of the Committee: Provided that such service qualification shall not apply to the first election in an industrial establishment which has been in existence for less than a year. Explanation.— For the purposes of this sub-rule, a worker who has put in continuous service for not less than one year in two or more industrial establishments belonging to the same employer shall be deemed to have satisfied the service qualification specified therein. (8). Qualification for voters: All workers who are not less than eighteen years of age and who have put in not less than six months‘ continuous service in the industrial establishment shall be entitled to vote in the election of worker‘s representative of the Committee. Explanation. — For the purposes of this sub-rule, a worker who has put in continuous service of not less than six months in two or more industrial establishments belonging to the same employer shall be deemed to have satisfied the service qualification specified therein. (9). Fixation of schedule for Election: (i) The employer shall give a minimum time period of at least three working days for filing of nomination along with other requisite details while fixing a date as the closing date for receiving nominations from candidates for election as worker‘s representatives of the Committee. (ii)The date fixed by the employer for holding the election referred to in clause (i) shall not be earlier than three days and later than fifteen days after the closing date for receiving nominations. (iii)The date of election fixed under sub-rule (i) shall be notified at least seven days in advance to the workers concerned and such notice, which shall specify the number of seats to be elected, shall be affixed on the notice board or electronic notice board of the industrial establishment and given adequate publicity amongst the workers. (10). Nomination of Candidates for election: (i) Every nomination for election as worker‘s representative of the Committee shall be made on a 6  7 nomination paper to be provided by employer and the copies thereof shall be supplied by the employer to the workers requiring them. (ii)Each nomination paper referred to in sub-rule (10) shall be signed by the candidate to whom it relates and attested by at least two other voters belonging to the group, section, shop or department, which the candidate seeking elections hall represent, and shall be delivered to the employer. (11). Scrutiny of Nomination papers: (i) On the day following the last day fixed for filing nomination papers, the nomination papers shall be scrutinized by the employer in the presence of the candidates and the attesting persons and those nominations which are not valid shall be rejected. (ii) A nomination paper shall be held to be not valid under sub-rule (11), if–– (a) the candidate nominated is ineligible for being a candidate under sub-rule (7); or (b) the requirements of sub-rule (10) have not been complied with: Provided that where a candidate or an attesting person is unable to be present at the time of scrutiny, he may send a duly authorized nominee for the purpose. (12). Withdrawal of Candidates: Any candidate whose nomination for election has been accepted may withdraw his candidature within forty-eight hours of the completion of scrutiny of the nomination papers. (13). Voting in Election: (i) If the number of candidates who have been validly nominated for election as worker‘s representative of the Committee is equal to the number of seats, the candidates as such shall be forthwith declared as duly elected. (ii)Where, in any industrial establishment, the number of candidates validly nominated for election as worker‘s representative of the Committee is more than the number of seats allotted to it, voting shall take place on the day fixed for election. (14). Officers of the Committee: (i) The Committee shall have among its office-bearers a Chair person, a Vice-Chairperson, a Secretary and a Joint- Secretary. (ii) The Chairperson of the Committee shall be nominated by the employer from amongst the employer‘s representatives of the Committee and he shall, as far as possible, be the head of the industrial establishment. (iii) The Vice-Chairperson shall be elected by the members of the Committee representing the workers, from amongst themselves 7 8 Provided that in the event of equality of votes in the election of the Vice- Chairperson, the matter shall be decided by a draw of lot. (iv) The Secretary and the Joint-Secretary of the Committee shall be elected every year. (v) The Committee shall elect the Secretary and the Joint Secretary provided that where the Secretary is elected from amongst the representatives of the employers, the Joint Secretary shall be elected from amongst the representatives of the workers 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 either the employer or the workers for three consecutive years: Provided further that the employer‘s representatives shall not take part in the election of the Secretary or Joint Secretary, as the case may be, and only the representatives of the workers shall be entitled to vote in elections for the post of Secretary or Joint Secretary: Provided also that in the event of equality of votes in an election under this sub-rule, the matter shall be decided by a draw of lot. (15). Term of Office: (i) The term of office of the members of the Committee other than a member chosen to fill a casual vacancy shall be three years. (ii)Every member chosen to fill a casual vacancy shall hold office for the remaining period of the term of his predecessor. (iii)The membership of any member, who fails to attend three consecutive meetings of the Committee without obtaining leave from the Committee, shall stand forfeited. (16). Vacancies: In the event of worker‘s representative ceasing to be a member under clause (iii) of sub-rule (15) or ceasing to be employed in the industrial establishment or in the event of his resignation, death or otherwise, his successor shall be chosen in accordance with the provisions of this rule for the remaining period of the Committee from the same group to which the member vacating the seat belonged. (17). Power to Co-Opt: The Committee shall have the right to co-opt persons employed in the industrial establishment having particular or special knowledge of a matter under discussion in a consultative capacity and 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 Committee. 8  9 (18). Meetings: (i)The Committee may meet as often as necessary as but not less often than once in three months. (ii)The Committee shall at its first meeting regulate its own procedure. (19). Facilities for meetings, etc.: (i) The employer shall provide accommodation for holding meetings of the Committee and shall also provide all necessary facilities to the Committee and to its members for carrying out the work of the Committee. (ii) The Committee shall ordinarily meet during working hours of the industrial establishment concerned on any working day and the representatives of the workers shall be deemed to be on duty while attending the meeting. (iii) The Secretary of the Committee may with the prior concurrence of the Chairperson, put up notice regarding the functions of the Committee on the notice board of the industrial establishment. (20). Annual Return: The employer shall submit the details of the constitution and the functioning of the Committee as a part of unified annual return provided in the rules made in this behalf under the Occupational Safety, Health and Working Condition Code, 2020 (37 of 2020). (21). Dissolution of Works Committee: The State Government, or the officer authorised in its behalf, may after making such inquiry as it or he may deem fit, dissolve any Committee at any time, by an order for reasons to be recorded in writing, on being satisfied that the Committee has not been constituted in accordance with the provisions of this rule or that not less than two-thirds of the number of representatives of the workers have without any reasonable justification failed to attend three consecutive meetings of the Committee or that the Committee has, for any other reason, ceased to function: Provided that where the Committee is dissolved under this sub-rule, the employer, may, and if so required by the State Government or, as the case may be, by such officer, shall take steps to re-constitute the Committee in accordance with this rule.