Industrial Relations (Bihar) Rules, 2026 · Rule 5

Rule 5: Choosing of members from the employers and the workers for Grievance

Rule 5 of the Industrial Relations (Bihar) Rules, 2026 operationalises Choosing of members from the employers and the workers for Grievance. It belongs to the trade union layer of the Industrial Relations Code framework in Bihar. The provision directly involves Employer, Worker, Trade union, Grievance Redressal Committee, Commissioner.

Final State RuleBihar Gazette (Extraordinary), 1 July 2026Effective 1 July 2026

Finin2min 2-minute summary

Rule 5 of the Industrial Relations (Bihar) Rules, 2026 operationalises Choosing of members from the employers and the workers for Grievance. It belongs to the trade union layer of the Industrial Relations Code framework in Bihar. The provision directly involves Employer, Worker, Trade union, Grievance Redressal Committee, Commissioner.

Jurisdiction: Bihar. This page explains a State rule under the Industrial Relations Code, 2020; other States may prescribe different procedure/forms.

Full notified Rule text

5. Choosing of members from the employers and the workers for Grievance Redressal Committee under sub-section (2) of section 4.— (1) The Grievance Redressal Committee (hereinafter in this rule 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. (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 worker's representative 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, such negotiating union or negotiating council, as the case may be, 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, the nomination shall be in such manner that every registered Trade Union representing in the negotiating council shall be represented 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 recognized negotiating union or negotiating council referred to 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: बहार गजट (असाधारण), 1 जुलाई 2026 65 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 tenure of the members of the Grievance Committee shall be three years. (5) Where there is no recognized 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 Deputy Labour Commissioner, who shall, after hearing the parties, decide the matter, whose decision shall be final.

Gazette / notified rule source

Clause / sub-rule explanation

Clause (1)

(1) The Grievance Redressal Committee (hereinafter in this rule 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.

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Clause (2)

(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.

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Clause (3)

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

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Clause (a)

(a) where there is a negotiating union under sub-section (2) or sub- section (3) of section 14, such negotiating union or negotiating council, as the case may be, shall nominate the worker's representatives of the Grievance Committee;

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Clause (b)

(b) in the case of a 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 Grievance Committee in proportion to the number of workers of the industrial establishment who are members of such Trade Union;

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Clause (c)

(c) where there is no recognized negotiating union or negotiating council referred to 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: बहार गजट (असाधारण), 1 जुलाई 2026 65 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.

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Clause (4)

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

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Clause (5)

(5) Where there is no recognized 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 Deputy Labour Commissioner, who shall, after hearing the parties, decide the matter, whose decision shall be final.

This is framed as a mandatory requirement. Identify the person on whom “shall” operates, the required act/document and the stated deadline or condition before treating compliance as complete.

Who acts under this Rule?

  • Employer
  • Worker
  • Trade union
  • Grievance Redressal Committee
  • Commissioner

Thresholds / timelines in the Rule

No standalone numeric/time threshold extracted from the notified rule text.

Practical application

Example: a trade union seeks registration or a related statutory action in Bihar. The union should match its application, office-bearer/member particulars, prescribed form and supporting documents to Rule 5 before filing with the Registrar.

Compliance reading

Do not apply this Rule in isolation. Confirm the enabling Industrial Relations Code provision, defined terms, prescribed forms and any subsequent amendment, State notification or judicial interpretation. Where the Rule allocates a power to an authority, verify the currently notified competent authority before filing.

Q&A

What does Bihar Industrial Relations Rule 5 cover?

Rule 5 of the Industrial Relations (Bihar) Rules, 2026 operationalises Choosing of members from the employers and the workers for Grievance. It belongs to the trade union layer of the Industrial Relations Code framework in Bihar. The provision directly involves Employer, Worker, Trade union, Grievance Redressal Committee, Commissioner.

Is Rule 5 a Central or State rule?

It is a final Bihar State rule under the Industrial Relations Code, 2020. It should not be substituted for another State's rules or the Central Rules.

What should an employer or worker verify before acting?

Verify the Industrial Relations Code provision linked to the issue, the complete text of Rule 5, any prescribed form, the current Bihar Gazette and any later amendment/corrigendum.

Does the notified rule itself contain a timeline or threshold?

No standalone numeric threshold was automatically extracted from this rule; the operative condition may be qualitative or contained in a linked Code provision/form.

What evidence should be retained?

Keep the prescribed application/notice/form, proof of service or filing, authority acknowledgement/order and the internal record showing how the statutory trigger and deadline were checked.

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