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 VI and VII of the Industrial Relation (Bihar) Rules, 2026 (rules 34 to 41) set the procedure for an industrial dispute in Bihar: voluntary arbitration in Form XII, conciliation before a conciliation officer, an application to the Tribunal in Form XV, the steps and time limits of the hearing, the fees for copies of awards, and applications for recovery of money due. Employers and unions both need these periods.
The rules are the Industrial Relation (Bihar) Rules, 2026, as notified in the Bihar Gazette (Extraordinary) No. Patna 698 of 1 July 2026. Rule 1(iii) says they come into force on the date of their publication in the Official Gazette. An unsettled dispute goes to the Tribunal in Form XV within ninety days of the conciliation officer's report (rule 40(1)). The conciliation officer uploads a failure report within seven days of concluding conciliation (rule 39(4)). Copy fees are rupees two per page (rule 40(13)).
Later amendments and State notifications under these rules should be checked in the State Gazette. A legal dispute resolution team can plan a response to a notice from a conciliation officer.
Arbitration by agreement (rules 34 to 36)
An agreement to refer a dispute to arbitration is in Form XII, signed by the parties and accompanied by the written or electronic consent of the arbitrator or arbitrators (rule 34(1)). The employer signs himself, or for a company by the agent, manager or other authorised officer. Workers sign through an authorised officer of the registered trade union or by five representatives authorised at a meeting of the workers concerned; an individual worker signs himself, through a union officer of which he is a member, or through another worker of the same establishment authorised by him (rule 34(2)). "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.
Where the State Government is satisfied that the persons making the reference represent the majority of each party, it publishes a notification in the Official Gazette and on the website of the Labour Resources and Migrant Workers Welfare Department, so that others concerned in the dispute may present their case before the arbitrator (rule 35). Where there is no trade union, the workers' representative is chosen by a resolution of the majority of concerned workers in Form XIII, and the workers are bound by the acts of the representative (rule 36). The Central rules are explained in our post on rules 20, 21 and 22 of the Central Rules, arbitration agreement, notification and worker representatives.
Conciliation (rule 39)
| Trigger | What the conciliation officer does | Rule |
|---|---|---|
| Notice of strike or lock-out under rule 42 or 43 | Enters details on the designated portal or otherwise, holds conciliation and tells the parties the date of sitting | 39(1)(a) |
| Application on an existing dispute | Enters the details, examines it, transfers it if it belongs to another authority, or holds conciliation | 39(1)(b) |
| Information of an apprehended dispute | Issues a fresh notice declaring intention to commence conciliation | 39(1)(c) |
Both sides submit their statements at the first meeting (rule 39(2)). If there is no settlement, the conciliation officer, within seven days from the conclusion of the proceedings, uploads a report on the designated portal and forwards a copy to the parties and the appropriate Government, by electronic mode, registered post, speed post or in person (rule 39(4)). The report contains the parties' submissions, the officer's efforts, the reasons for refusal to resolve and the conclusion (rule 39(6)). If a settlement is reached, the officer reports to the appropriate Government with the memorandum of settlement and uploads both (rule 39(5)). All evidence before the officer, except documents, is filed on affidavit, as are applications, replies and rejoinders (rule 39(7)). The Central rule is in our post on rule 23 of the Central Rules, conciliation proceedings.
The Tribunal procedure (rule 40)
| Stage | Time limit as printed | Rule |
|---|---|---|
| Application to the Tribunal in Form XV | Ninety days from the date of the conciliation report under rule 39(4) | 40(1) |
| Statement of claim with documents, witness list | Thirty days from the date the application is filed | 40(2) |
| First hearing | As soon as possible, within one month of receiving the application | 40(3) |
| Written statement of the opposite party | Thirty days from the date of first hearing | 40(3) |
| Extension where copy not forwarded | Fifteen days, if sufficient cause | 40(4) |
| Arguments | Not beyond fifteen days from closure of evidence | 40(6) |
| Adjournments | Ordinarily not exceeding a week at a time; not more than three in all | 40(7) |
| Communication of award | Within one month from pronouncement, electronically or by registered or speed post, and uploaded on the department portal | 40(10) |
The application may be made online, through the department's portal, by registered post or speed post, or in person. Evidence may be recorded in the Tribunal, filed on affidavit (with the opposite party entitled to cross-examine each deponent) or recorded on oath. A party that defaults may be proceeded against ex parte, but the Tribunal may revoke that order on application before the award if the absence was on justifiable grounds (rule 40(9)). Proceedings are held in open court, with video conferencing permitted on request or direction and in-camera examination possible (rule 40(15)). The Tribunal may admit any evidence at any stage after recording reasons (rule 40(17)).
For copies, the fee for a copy of an award or filed document is rupees two per page, certification is rupees two per page, the fees are paid electronically, and immediate delivery carries an additional fee equal to one-half of the fee leviable (rule 40(13)).
Rules 37 and 38 deal with the appointment, term and service conditions of the Judicial Member and Administrative Member of the Industrial Tribunal; they bind the State Government and the Search-cum-Selection Committee, not the employer, and are not covered here.
Recovery of dues (rule 41)
Where money is due from an employer to a worker or group of workers under a settlement, an award, or Chapter IX or X of the Code, the application is in Form XVI; where a person authorised in writing applies, or the worker has died and an assignee or heir applies, Form XVII is used (rule 41(1)). For money or a benefit capable of being computed in money, the application to the Tribunal is in Form XVIII, to be decided within a period not exceeding three months from filing; on the death of a worker, the assignee or heir uses Form XIX (rule 41(2)). The Central rule is in our post on rule 24 of the Central Rules, application for recovery of dues.
A worked example
Saran Textiles Ltd of Chhapra gets a notice from a conciliation officer on an application by its union. Both sides submit their statements at the first sitting, with evidence on affidavit. Conciliation fails and the officer uploads the report on, say, a Monday; the company calculates that any further Tribunal filing must be made within ninety days of the date of that report. The union files Form XV and the Tribunal directs it to file a statement of claim in thirty days. The company, once its first hearing is fixed, files its written statement within thirty days of that hearing, and asks for no more than three adjournments.
Need help with an industrial dispute in Bihar?
The ninety-day, thirty-day and seven-day periods run from specific events, and missing one can change the course of the case. Our legal dispute resolution team can read the conciliation report with you, prepare the statement of claim or written statement and track each rule period.
Key takeaways
- An arbitration agreement is in Form XII with the arbitrator's consent (rule 34).
- The conciliation officer uploads the failure report within seven days of concluding conciliation (rule 39(4)).
- Form XV goes to the Tribunal within ninety days of that report (rule 40(1)).
- The statement of claim is due in thirty days; the written statement thirty days after the first hearing (rule 40(2) and (3)).
- Copy and certification fees are rupees two per page each (rule 40(13)).
- Recovery applications use Forms XVI to XIX (rule 41).
Read next
- Industrial Relation (Bihar) Rules, 2026: standing orders and notice of change
- Industrial Relation (Bihar) Rules, 2026: strike, lock-out, lay-off, retrenchment, closure and the re-skilling fund
- 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.