Jammu and Kashmir 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 VIII to XIII of the Jammu and Kashmir Industrial Relations Rules, 2026 tell an employer which notices to file for a strike, lock-out, lay-off, retrenchment or closure, how much goes into the worker re-skilling fund, how an offence is compounded and how protected workers and complaints are handled. Sixteen Forms are annexed. If a dispute is already open, our legal dispute resolution team can help you read these rules against your facts.
The rules are the Jammu and Kashmir Industrial Relations Rules, 2026, as notified by SO-179 dated 23 June 2026. Notice of retrenchment of a worker with not less than one year of continuous service goes in Form-XIII (rule 44). Closure in an establishment under Chapter X needs prior permission, applied for in Form-XIV at least ninety days before the intended date (rule 52). On retrenchment the employer transfers an amount equal to fifteen days of last drawn wages to the re-skilling fund within ten days (rule 55).
Notification and commencement
The rules are the Jammu and Kashmir Industrial Relations Rules, 2026, as notified by SO-179 dated 23 June 2026 in the Jammu and Kashmir Official Gazette of the same date. Later amendments and State notifications under these rules should be checked in the State Gazette. Rule 1(iii): "They shall come into force on the date of their publication in the Official Gazette." Earlier chapters are covered in our articles on committees and trade unions and on standing orders, arbitration and conciliation.
Strikes and lock-outs (rules 42 and 43)
The Central notices are in rules 25 and 26. In Jammu and Kashmir:
- Strike notice is in Form-XI, given to the employer, signed by the Secretary and five elected representatives of the registered union, with a copy endorsed electronically or otherwise to the Government of Jammu and Kashmir, the Labour Commissioner, the concerned Deputy Labour Commissioner and the concerned Conciliation Officer (rule 42).
- Lock-out notice is in Form-XII, given by the employer to the Secretary of every registered union, with the same endorsements, and displayed conspicuously on a notice board or electronic board at the main entrance (rule 43(1)).
- On receiving a strike notice from any employee, or giving a lock-out notice, the employer informs the Labour Commissioner, the Deputy Labour Commissioner and the Conciliation Officer within five days (rule 43(2) and (3)).
Retrenchment, re-employment and closure notices (rules 44 to 46)
The Central rules are rules 27, 28 and 29.
- Retrenchment notice (rule 44). An employer who wishes to retrench a worker in continuous service for not less than one year gives notice in Form-XIII to the Government, the Labour Commissioner and the Deputy or Assistant Labour Commissioner having jurisdiction, by e-mail or registered or speed post.
- Re-employment (rule 45). Where a vacancy occurs and workers were retrenched within one year before the proposal, the employer offers an opportunity at least ten days before, by registered or speed post and e-mail, to retrenched workers who are citizens of India; those who are willing get preference over other persons.
- Closure notice (rule 46). An employer intending to close an establishment gives notice in Form-XIII to the Government with a copy to the Labour Commissioner and the Deputy or Assistant Labour Commissioner.
Permission in certain establishments: lay-off, retrenchment and closure (rules 47 to 53)
Chapter X covers establishments for which the Code requires prior permission. Central text: rules 30 to 32 and rules 35 and 36.
| Obligation | Rule | Form | Time or detail as printed |
|---|---|---|---|
| Permission for intended lay-off | 47 | Form-XIV | Reasons stated; copy served simultaneously on the worker electronically and by registered or speed post; displayed at main entrance |
| Continue lay-off (mine, fire, flood, excess of inflammable gas or explosion) | 48 | Form-XIV | Within thirty days of commencement of the lay-off, with copy to the Labour Commissioner and Deputy or Assistant Labour Commissioner |
| Review of lay-off order | 49 | Not applicable | Within thirty days of the order |
| Permission for intended retrenchment | 50 | Form-XIV | Reasons stated; copy to workers electronically and by registered or speed post; displayed |
| Review of retrenchment order | 51 | Not applicable | Within thirty days of the order |
| Permission for closure | 52 | Form-XIV | Electronically, at least ninety days before the closure takes effect; copy to workers' representatives |
| Review of closure order | 53 | Not applicable | Within thirty days of the order |
On each review the Government may act on its own motion or on an application by the employer or any worker.
Worker re-skilling fund (rules 54 and 55)
The Central rule is rule 37. Under rule 54 the Government of Jammu and Kashmir may notify other sources of the fund; none is named in the rules. Under rule 55 every employer who retrenches a worker or workers, "within ten days, at the time of retrenching", transfers electronically an amount equivalent to fifteen days of last drawn wages of each retrenched worker to the account whose name is displayed on the official website of the Labour and Employment Department and the Labour Commissioner. The Government transfers the money to each worker's account within forty-five days of receipt, and the worker uses it for re-skilling. The employer also submits a list with each retrenched worker's name, the amount, and the bank account details.
Compounding of offences (rule 56)
The Central process is in rule 38. The compounding officer notified by the Government sends the accused a notice in Form-XV, which has three Parts: the offender's particulars, the offence and the compounding amount (Part I); the consequences if the offence is not compounded (Part II); and the application the accused files if he wishes to compound (Part III). Each notice carries a continuous unique number. The accused sends Part III electronically and deposits the compounding amount within fifteen days of receipt of the notice. If prosecution is already pending, the accused may apply to the Court. On compliance, no complaint for prosecution is instituted, or the Court discharges the accused and closes the prosecution. The rules print no compounding amount: it is specified in the notice. The compounding officer works under the direction, control and supervision of the Government (rule 56(5)).
Miscellaneous rules (rules 57 to 62)
- Protected workers (rule 57). See rule 39 of the Central rules. Each registered union communicates to the employer, before 30 April every year, the names and addresses of its officers in that establishment who should be recognised as protected workers, and any change within fifteen days. The employer communicates the list recognised in writing within fifteen days of receipt, for twelve months from that communication. If names exceed the maximum admissible, the maximum is distributed among unions in proportion to membership; a union falling short selects its officers and tells the employer within five days of the employer's letter. Disputes go to the Labour Commissioner or the Deputy or Assistant Labour Commissioner, whose decision is final.
- Complaint by aggrieved worker (rule 58). In Form-XVI, electronically and by registered or speed post, with as many copies as there are opposite parties, verified by the worker or an authorised representative.
- Representation (rules 59 and 60). Authorisation of a worker's or employer's representative in Form-VIII.
- Enquiry into offences (rule 61). Complaints about offences under certain sub-sections of section 86 and section 89(7) are enquired into by the Deputy Labour Commissioner having jurisdiction as enquiry officer. The officer may proceed ex parte if the person fails to appear and may dismiss a complaint if the complainant stays absent on two consecutive dates; not more than three adjournments are allowed on a joint application, and hearing by video conferencing may be permitted.
- Copies to the Labour Bureau (rule 62). A copy each of Forms XI, XII, XIII, XIV and XV is shared electronically with the Director General, Labour Bureau in auto-mode.
The Forms
| Form | Used for | Rule |
|---|---|---|
| I | Memorandum of settlement | 3 |
| II | Annual audit report, assets and liabilities, annual return | 9, 11, 25 |
| III | Affidavit with application for union registration | 10 |
| IV | Register of trade unions | 12 |
| V | Certificate of registration | 13 |
| VI | Notice of change of service conditions | 36 |
| VII | Agreement for voluntary arbitration | 37 |
| VIII | Authorisation of representatives | 39, 59, 60 |
| IX | Oath of office, Judicial or Administrative Member | 40 |
| X | Application to the Tribunal | 41(5) |
| XI | Notice of strike | 42 |
| XII | Notice of lock-out | 43 |
| XIII | Intimation of retrenchment or closure | 44, 46 |
| XIV | Application for permission of lay-off, continuation, retrenchment, closure | 47, 48, 50, 52 |
| XV | Notice of compounding of offence | 56 |
| XVI | Complaint under section 91 | 58 |
A worked example
Jhelum Auto Components, an invented establishment in Jammu to which Chapter X applies, plans to close a unit. It applies electronically in Form-XIV at least ninety days before the intended date, with the reasons, and sends a copy to the workers' representatives electronically and by registered or speed post. If the Government grants or refuses permission, the employer, any worker or the Government itself may seek review within thirty days of the order. Separately, a retrenchment elsewhere in the company triggers Form-XIII and the transfer of fifteen days of last drawn wages per retrenched worker within ten days.
Common lapses
- Giving a closure notice in Form-XIII where Chapter X requires an application for permission in Form-XIV.
- Making the re-skilling transfer late or without the list of workers and bank details.
- Omitting the five-day intimation to the Labour Commissioner, Deputy Labour Commissioner and Conciliation Officer after a strike or lock-out notice.
- Not offering retrenched workers a chance of re-employment at least ten days before filling a vacancy.
Need help with retrenchment, closure or a dispute?
These steps carry fixed periods and several copies to different officers. Our legal dispute resolution team can help you check the forms, the dates and the service of copies before you file.
Key takeaways
- Strike notice in Form-XI (Secretary and five elected representatives); lock-out notice in Form-XII.
- Retrenchment notice in Form-XIII; permission applications in Form-XIV; closure application at least ninety days ahead.
- Re-skilling fund: fifteen days of last drawn wages per retrenched worker within ten days.
- Compounding: Form-XV, deposit within fifteen days of the notice.
Read next
- Jammu and Kashmir Industrial Relations Rules, 2026: Works Committee, Grievance Redressal Committee and trade unions
- Jammu and Kashmir Industrial Relations Rules, 2026: standing orders, notice of change, arbitration and conciliation
- Rule 37 of the Industrial Relations Central Rules, 2026: worker re-skilling fund contribution
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.