Industrial explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Chapters V and VI of the Industrial Relations (Gujarat) Rules, 2021 (rules 18 to 23) set out how an industrial dispute travels: by written arbitration agreement in Form III, by conciliation before the Conciliation Officer, or, if conciliation fails, by an application in Form V to the Industrial Tribunal. This article gives the steps and periods an employer in Gujarat faces.
The rules are the Industrial Relations (Gujarat) Rules, 2021, as notified on 5 October 2021 (No. KHR-2021-129-IDA-122020-539471-M(2)), in force from the commencement of the Industrial Relations Code, 2020. The Conciliation Officer files a failure report on the Labour Commissioner's portal within seven days of concluding proceedings; a party may then apply to the Tribunal in Form V within ninety days of that report; the claimant files a statement of claim within thirty days of the application (rule 23).
Later amendments and State notifications under these rules should be checked in the State Gazette.
Commencement and the Central rules
Rule 1(3) reads: "They shall come into the force from the commencement of the Industrial Relations Code, 2020." The four Labour Codes were brought into force from 21 November 2025. The Central rules for these subjects are in rules 20, 21 and 22 on arbitration, rule 23 on conciliation and rule 24 on recovery of dues. For a live dispute, our legal dispute resolution team can map the steps below to your facts.
The rules in the chapters covered here print no separate rule on recovery of money due; the Code's own provisions apply.
Voluntary arbitration (rules 18 to 20)
| Step | Rule | Form | Detail as printed |
|---|---|---|---|
| Arbitration agreement | 18 | Form III | Signed by the parties; accompanied by the consent, in writing or electronically, of the arbitrator or arbitrators |
| Who signs for the employer | 18(2)(i) | The employer, or for a company or body corporate, an authorised agent, manager or officer | |
| Who signs for workers | 18(2)(ii), (iii) | An authorised officer of the registered Trade Union, or three representatives authorised at a meeting of the concerned workers; an individual worker signs personally or through a union officer | |
| Notification to non-parties | 19 | Official Gazette and electronic | Where the State Government is satisfied that the persons referring represent the majority of each party |
| Worker representation where there is no union | 20 | Form IV | Representative chosen by resolution of the majority of the concerned workers |
"Officer" of a union means the President, Vice-President, Secretary (including General Secretary), a Joint Secretary, or any other officer authorised by the President and Secretary.
Conciliation proceedings (rule 23)
- Start. On an application where a dispute exists or is apprehended, or a notice under section 62 has been given, the Conciliation Officer examines it. If it falls within the Central Government's jurisdiction, it is transferred. In other cases, the Officer issues a first notice declaring an intention to commence conciliation.
- First meeting. The employer or the workers' representative submits a statement on the dispute.
- Failure report. If there is no settlement, the Officer submits a report on the portal of the Commissioner/Director of Labour within seven days of the conclusion of the proceedings; the parties can see it on the portal. It contains the submissions, the efforts made, the parties' reasons for refusing to resolve the dispute and the Officer's conclusion.
Application to the Industrial Tribunal (rule 23)
| Step | Rule | Period as printed |
|---|---|---|
| Application in Form V, electronically or otherwise | 23(5) | Within ninety days from the date of the failure report |
| Statement of claim with documents, list of witnesses | 23(6) | Within thirty days from the date the application is filed |
| First hearing | 23(7) | As soon as possible and within one month from receipt of the application |
| Written statement by the opposite party | 23(7) | Within thirty days from the date of first hearing |
| Extension for a claimant who failed to forward the statement | 23(8) | Fifteen days, if sufficient cause is found |
| Arguments | 23(10) | A date not beyond fifteen days from closure of evidence |
| Adjournments | 23(11) | Ordinarily not exceeding a week at a time; not more than three in all |
| Award communicated electronically and uploaded on the portal | 23(13) | Within one month from pronouncement |
Evidence may be recorded in the Tribunal or filed on affidavit, with a right of cross-examination (rule 23(9)). If a party defaults, the Tribunal may proceed ex parte, and may revoke that order before the award if the absence was on justifiable grounds (rule 23(12)). Proceedings are held in open court, though the Tribunal may direct video conferencing or in-camera examination (rule 23(18)).
Copies of an award or document are charged at Rs. Two per page, certification at Rs. Two per page, payable electronically, with an additional fee of one-half where immediate delivery is sought (rule 23(16)).
The Tribunal's members (rules 21 and 22)
Rules 21 and 22 deal with the Judicial Member and the Administrative Member of the Industrial Tribunal. Each is appointed by the State Government on the recommendation of a Search-cum-Selection Committee chaired by the Chief Justice of the Gujarat High Court or a Judge nominated by him; each holds office for four years or until sixty-five, whichever is earlier; and each is paid a fixed salary of rupees 2,25,000 per month (rules 21(8) and 22(8)). These are matters for the State, not for an employer's compliance, but they show who sits on the Tribunal.
A worked example
Banas Dairy Products Ltd has a dispute with a union over reclassification of workers. Conciliation fails; the Conciliation Officer files the report on the portal within seven days. The union applies to the Tribunal in Form V within ninety days of the report and files its statement of claim within thirty days. The company, served with a copy, files its written statement with documents and a list of witnesses within thirty days of the first hearing.
Need help with an industrial dispute?
Missing the ninety-day or thirty-day periods can hurt a case. Our legal dispute resolution team can prepare the statement, the documents and the witness list for conciliation and the Tribunal.
Key takeaways
- An arbitration agreement is in Form III, signed by authorised signatories and accompanied by the arbitrator's consent.
- The Conciliation Officer's failure report is filed on the portal within seven days of concluding proceedings.
- The Tribunal application in Form V is due within ninety days of that report.
- Statement of claim in thirty days; written statement in thirty days from the first hearing.
- Award to be communicated and uploaded within one month of pronouncement.
Read next
- Industrial Relations (Gujarat) Rules, 2021: standing orders, certification and notice of change
- Industrial Relations (Gujarat) Rules, 2021: strikes, lock-outs, lay-off, retrenchment and closure
- Rule 23 of the Central Rules: conciliation proceedings
Disclaimer: Based on the State or Union territory rules named above, as notified under the Labour Codes and consulted on 4 October 2026. Later amendments, State notifications, fees and forms should be checked in the State Gazette and on the State labour department website. This article is general information, not legal advice; check the official text before acting.