Background
Industrial Relations Code, 2020 is one of the four labour codes enacted by Parliament to consolidate and simplify Indian labour law, and it subsumes the Trade Unions Act, 1926, the Industrial Employment (Standing Orders) Act, 1946 and the Industrial Disputes Act, 1947 into a single framework governing trade unions, standing orders, the investigation and settlement of industrial disputes, strikes and lock-outs, and lay-off, retrenchment and closure. In exercise of its rule-making powers under section 99 of the Code, the Government of Uttarakhand (Labour Section) notified the Uttarakhand Industrial Relations Rules, 2026 vide Notification No. 1117/VIII-1/2026-39(Labour)2018 dated 25 August 2026, following the publication of draft rules for public comment earlier in the year; the Rules come into force from the date of their publication in the Official Gazette.
Rules 45 to 64, which are covered in this blog, give effect to the provisions of the Code on strikes and lock-outs, lay-off, retrenchment and closure, the Worker Re-Skilling Fund and protected workers. They prescribe the forms and procedure for notices of strike (Form-Q) and lock-out (Form-R), the notice of retrenchment and closure to the State Government (Form-S), and applications for prior permission for lay-off, retrenchment and closure in establishments covered by Chapter X (Form-T); they also lay down the seniority-list and re-employment procedure for retrenched workers, the employer’s contribution of fifteen days’ wages to the Worker Re-Skilling Fund, the annual recognition of protected workers, and the requirement that every prescribed form be shared electronically with the Director General, Labour Bureau.
Applicability
These Rules apply to every employer of an industrial establishment in Uttarakhand, who must give and report notices of lock-out, notify and document retrenchment and closure, follow the seniority and re-employment procedure for retrenched workers, contribute to the Worker Re-Skilling Fund and recognise protected workers; to employers of establishments covered by Chapter X of the Code (factories, mines and plantations meeting the prescribed worker threshold), who must additionally obtain the State Government’s prior permission in Form-T for any lay-off, retrenchment or closure; to registered Trade Unions and workers, who must give notice of strike in Form-Q and, in the case of unions, nominate protected workers each year; and to the State labour authorities, the Conciliation Officer and the Director General, Labour Bureau, to whom the prescribed notices and applications are to be sent.
Compliance Requirement Under the Rules in Accordance with the Act
Following section sets out the key compliance obligations under the Uttarakhand Industrial Relations Rules, 2026 read with the Industrial Relations Code, 2020, along with the applicable penalty framework.
The notice of strike referred to in section 62(1) of the Code shall be given to the plant head or manager of the industrial establishment in Form-Q, duly signed by the Secretary of the registered Trade Union or, where there is no registered Trade Union, by one-third of the workers of the establishment. Copies of the notice shall be given to the Conciliation Officer of the concerned area, the Regional Deputy Labour Commissioner, the Labour Commissioner and the State Government, electronically or in such other manner as the State Government may specify. No person employed in an industrial establishment shall go on strike without giving such notice within sixty days before striking, or within fourteen days of giving such notice, or before the expiry of the date of strike specified in the notice.
Where the employer of an industrial establishment receives from any person employed by him a notice of strike under section 62(1), he shall intimate the same electronically to the conciliation officer, the Regional Deputy Labour Commissioner, the Labour Commissioner of the State and the State Government, reporting the number of such notices received on that day. Section 62(6) of the Code requires this report to be made within five days of receipt of the notice, whereas Rule 45(2) prescribes a period of fifteen days from the date of receiving the notice; as the statutory period under the Code is the stricter of the two, employers should make the intimation within five days.
The notice of lock-out referred to in section 62(2) of the Code shall be given by the employer in Form-R to the Secretary of every registered Trade Union relating to the industrial establishment, endorsing copies to the concerned conciliation officer, the Regional Deputy Labour Commissioner, the Labour Commissioner and the State Government, electronically or otherwise. Where there is no registered Trade Union, the employer shall prominently display the notice on the notice board or electronic board at the main entrance of the establishment and inform the workers’ representatives on the Works Committee. No employer shall lock-out any of his workers without giving such notice within sixty days before locking-out, or within fourteen days of giving such notice, or before the expiry of the date of lock-out specified in the notice.
Where the employer gives to any person employed by him a notice of lock-out, he shall, within five days from the date of such notice, intimate the same, electronically or otherwise, to the concerned conciliation officer and the Regional Deputy Labour Commissioner.
Where an employer desires to retrench any worker employed in his industrial establishment who has been in continuous service for not less than one year, he shall give notice of such retrenchment in Form-S to the State Government and to such authority as may be designated by notification, by e-mail and by registered post or speed post, at least fifteen days before the proposed retrenchment. A copy of Form-S shall also be shared electronically with the Director General, Labour Bureau.
The employer shall prepare a list of all workers in the particular category from which retrenchment is contemplated, arranged according to the seniority of their service in that category, and cause a copy thereof to be pasted on a notice board in a conspicuous place in the premises of the industrial establishment at least seven days before the actual date of retrenchment.
When any vacancy occurs in an industrial establishment and there are workers of that establishment who were retrenched within one year prior to the proposal for filling such vacancy, the employer shall, if such retrenched workers are citizens of India and have given their willingness for employment, give them preference over other persons on the basis of their seniority of service.
The employer shall display the details of vacancies on a notice board in a conspicuous place in the establishment at least fifteen days before the date on which the vacancies are to be filled, and shall give intimation of the vacancies by registered post, speed post or e-mail to every eligible retrenched worker at the latest address or e-mail given by him. Where the number of vacancies is less than the number of retrenched workers, it is sufficient to intimate the senior-most retrenched workers in a number double the number of vacancies. No individual intimation is required for a vacancy of less than one month, and a retrenched worker who, without sufficient cause, fails to offer himself for employment on the specified date need not be intimated of subsequent vacancies.
Immediately after complying with sub-rule (3) of Rule 48, the employer shall also inform the negotiating union, the constituents of the negotiating council or the Trade Unions connected with the industrial establishment of the number of vacancies to be filled and the names of the retrenched workers to whom intimation has been sent under that sub-rule.
An employer who intends to close down an undertaking of an industrial establishment shall, at least sixty days before the intended date of closure, give notice in Form-S to the State Government, with copies to the concerned Conciliation Officer, the Regional Deputy Labour Commissioner and the Labour Commissioner of the State, by e-mail or registered post or speed post, stating clearly the reasons for the intended closure. Where the notice is sent only by registered post, the date of its delivery to the State Government shall be deemed to be the date of application. A copy of Form-S shall also be shared electronically with the Director General, Labour Bureau.
A copy of the notice or application to close down an undertaking shall be served on the Presidents or Secretaries of all registered Trade Unions working in the establishment through personal service or, where personal service is not practicable, through registered post acknowledgement due, and a copy shall also be pasted on the main entrance of the concerned establishment.
No worker (other than a badli worker or a casual worker) of an industrial establishment to which Chapter X of the Code applies shall be laid-off without the prior permission of the State Government, except where the lay-off is due to shortage of power or natural calamity, or, in the case of a mine, due to fire, flood, excess of inflammable gas or explosion. The application for permission shall be made by the employer to the State Government in Form-T, stating clearly the reasons for the intended lay-off, and, as per the note in Form-T, is to be served at least fifteen days before the intended lay-off. A copy of Form-T shall also be shared electronically with the Director General, Labour Bureau.
A copy of the application for permission to lay-off shall also be sent by the employer to the concerned workers through electronic means and by registered post, and the employer shall prominently display the application in both English and Hindi on the notice board or electronic board located at the main entrance of the industrial establishment.
Where the workers of an industrial establishment, being a mine, have been laid-off for reasons of fire, flood, excess of inflammable gas or explosion, the employer shall, within a period of thirty days from the date of commencement of such lay-off, apply to the State Government in Form-T for permission to continue the lay-off.
An application for permission to retrench under section 79(1) of the Code shall be made by the employer in Form-T, stating clearly the reasons for the intended retrenchment, and, as per the note in Form-T, is to be served at least sixty days before the intended date of retrenchment. A copy of Form-T shall also be shared electronically with the Director General, Labour Bureau.
A copy of the application for permission to retrench shall also be sent to the workers electronically and by registered post, and the application shall be displayed conspicuously by the employer on a notice board or electronic board, in Hindi and English, at the main entrance of the industrial establishment.
An employer desiring to retrench a worker who has been in continuous service for not less than one year shall send notice of such retrenchment to the State Government (a) where notice is given to the worker, on the same day on which such notice is given; (b) where no notice is given and the worker is paid one month’s wages in lieu of notice, on the same date on which such wages are paid; and (c) where retrenchment is carried out under an agreement which specifies the date of termination of service, at least one month before the date of retrenchment, or, where the period between the date of the agreement and the date of retrenchment is less than one month, on the date of the agreement itself.
Before the retrenchment of a worker, the employer shall, for the purpose of sending intimation to the worker for re-employment, obtain the address of the worker in writing from the worker himself, duly signed or bearing the thumb impression of the said worker.
An employer who intends to close down an industrial establishment to which Chapter X of the Code applies shall, at least ninety days before the date on which the intended closure is to become effective, apply electronically to the State Government for prior permission in Form-T, stating clearly the reasons for the proposed closure. A copy of Form-T shall also be shared electronically with the Director General, Labour Bureau.
A copy of the application for prior permission to close down shall be sent electronically and by registered post to the representatives of the workers, and the applicant shall display the application, in Hindi and English, on the notice board at the main entrance of the industrial establishment and on the electronic board.
Every employer who has retrenched any worker or workers in his industrial establishment under the Code shall, within ten days from the date of such retrenchment, electronically transfer an amount equivalent to fifteen days of the wages last drawn by each such retrenched worker into the account of the Worker Re-Skilling Fund constituted under section 83(1) of the Code.
The employer shall also submit to the Office of the Labour Commissioner, Deputy Labour Commissioner or Assistant Labour Commissioner a list containing the name of each retrenched worker, the amount equivalent to fifteen days of wages last drawn by him and his bank account details, so as to enable the Labour office to transfer the amount electronically into the account of each retrenched worker within forty-five days of the retrenchment.
Every registered Trade Union connected with an industrial establishment to which the Code applies shall communicate to the employer, before the 30th April of every year, the names and addresses of such officers of the Union who are employed in that establishment and who, in the opinion of the Union, should be recognised as “protected workers”.
The employer shall, subject to sub-sections (3) and (4) of section 90 of the Code, recognise the workers whose names have been communicated by the registered Trade Union as “protected workers” for the purposes of section 90, and shall communicate to the Union, within fifteen days of receipt of their names and addresses, the list of workers so recognised as protected workers for a period of twelve months from the date of such communication.
Where the total number of names received by the employer exceeds the maximum number of protected workers admissible under section 90(4) of the Code, the employer shall recognise only such maximum number. Where there is more than one registered Trade Union in the establishment, the maximum number shall be distributed among the unions in proportion to their membership figures, and the employer shall intimate in writing to the President or Secretary of each union the number of protected workers allotted to it. Where the number of protected workers allotted to a union is less than the number of its officers seeking protection, the union shall select the officers to be recognised and communicate its selection to the employer within five days of receipt of the employer’s letter.
A copy each of Form-Q (notice of strike), Form-R (notice of lock-out), Form-S (notice for intimation of retrenchment or closure to the State Government), Form-T (application for permission for lay-off, retrenchment or closure) and Form-U (compounding of offences) shall be shared electronically with the Director General, Labour Bureau, in auto-mode.
Penalty & Consequences
Section 86(1) of the Industrial Relations Code, 2020 – Contravention of provisions relating to lay-off, retrenchment and closure (Chapter X)
An employer who contravenes the provisions of section 78, section 79 or section 80 of the Code shall be punishable with fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees.
Section 86(2) of the Industrial Relations Code, 2020 – Repeat contravention under Chapter X
On a second or subsequent conviction for the same offence under section 78, 79 or 80, the employer shall be punishable with fine which shall not be less than five lakh rupees but which may extend to twenty lakh rupees, or with imprisonment for a term which may extend to six months, or with both.
Section 86(3) of the Industrial Relations Code, 2020 – Contravention of provisions relating to lay-off, retrenchment and closure (Chapter IX)
An employer who contravenes the provisions of section 67, section 70, section 73 or section 75 of the Code shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees.
Section 86(4) of the Industrial Relations Code, 2020 – Repeat contravention under Chapter IX
On a second or subsequent conviction for the same offence under section 67, 70, 73 or 75, the employer shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with imprisonment for a term which may extend to six months, or with both.
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