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Section 68: Duty of an employer to maintain muster rolls of workers

The Industrial Relations Code, 2020 (Act No. 35 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter IX: Lay-off, Retrenchment and Closure
Competent Labour Forum
Act No. 35 of 2020
Section 67 All 104 Sections of Industrial Relations Code, 2020 Section 69

Legal Commentary & Landmark Judgments: Section 68

Section 68 of the Industrial Relations Code, 2020 imposes a mandatory statutory duty on employers to maintain muster rolls for laid-off workers and provide facilities for them to present themselves and record daily attendance during normal working hours.

  • Mandatory Duty to Maintain Lay-Off Muster Roll: Notwithstanding that workers have been laid off, the employer is statutorily obligated to maintain a muster roll for the purposes of Chapter IX.
  • Daily Presentation & Attendance Facility: Employer must provide reasonable facilities enabling laid-off workers to present themselves at the establishment at the appointed time during regular working hours to mark attendance.
  • Evidentiary Prerequisite for Forfeiture: Maintenance of an accurate muster roll is an essential evidentiary prerequisite; failure to provide attendance facilities estops the employer from claiming the worker refused work under Section 69.
Key Landmark Precedents:
  • Workmen of Dewan Tea Estate v. Their Management AIR 1964 SC 1458: Supreme Court held that lay-off procedures and attendance requirements are mandatory statutory conditions; failure by management to observe muster roll obligations invalidates managerial defenses against compensation claims.
Courtroom Practice & Strategic Litigation Guidance:

During a lay-off, establish an attendance desk or biometric terminal at the factory entrance. Specify in the lay-off notice that workers must report once daily at a designated hour (e.g. 9:00 AM) to sign the muster roll, as failure to report relieves the employer of compensation liability under Section 69.

Section 67 All 104 Sections of Industrial Relations Code, 2020 Section 69