OID Rules 10B

धारा 10B · [ Proceedings before Labour Court or Tribunal. [Substituted vide Notification No.11688/6.6.1986.]

(1)

While referring an industrial dispute for adjudication to a Labour Court or Tribunal the State Government shall direct the party raising the dispute to file a statement of claim complete with relevant documents, list of reliance and witnesses with the Labour Court or Tribunal within fifteen days of the receipt of the order of reference and also forward a copy of such statement to each one of the opposite parties involved in the dispute.]

(2)

The Labour Court or Tribunal, after ascertaining that copies of statement of claims are furnished to the other side by party raising the dispute, shall fix the first hearing on a date not beyond one month from the date of receipt of the order of reference and the opposite party or parties shall file their written statement together with documents, list of reliance and witnesses within a period of 15 days from the date of first hearing and simultaneously forward a copy thereof to the other party.

(3)

Where the Labour Court or Tribunal finds that the party raising the dispute though directed did not forward the copy of the statement of claim to the opposite party or parties, it shall give direction to the concerned party to furnish the copy of the statement to the opposite party or parties and for the said purpose or for any other sufficient cause extend the time-limit to filing the statement under Sub-rule (1) or written statement under Sub-rule (2) by an additional period of fifteen days.

(4)

The party raising a dispute may submit a rejoinder if it chooses to do so, to the written statements by the appropriate party or parties within a period of fifteen days from the filing of written statement by the latter.

(5)

The Labour Court or Tribunal shall fix a date for evidence within one month from the date of receipt of the statements, documents, list of witnesses, etc., which shall be ordinarily within sixty days from the date on which the dispute was referred for adjudication.

(6)

Evidence shall be recorded either in Court or by an affidavit but in the case of affidavit the opposite party shall have the right to cross-examine each of the deponents filing the affidavit. As the oral examination of each witness proceeds, the Labour Court or Tribunal shall make a memorandum of the substance of what is being deposed. While recording the evidence, the Labour Court or Tribunal shall follow the procedure laid down in Rule 5 of Order XVIII of the First Schedule to the Code of Civil Procedure, 1908.

(7)

On completion of evidence arguments shall either be heard immediately or a date shall be fixed for arguments/oral hearing which shall not be beyond a period of fifteen days from the close of evidence.

(8)

The Labour Court or Tribunal shall not ordinarily grant an adjournment for a period exceeding a week at a time but in any case not more than three adjournments in all at the instance of the parties to the dispute :Provided that the Labour Court or Tribunal for reasons to be recorded in writing grant an adjournment exceeding a week at a time but in any case not more than three adjournments in all at the instance of any one of the parties to the dispute.

(9)

In case any party defaults or fails to appear at any stage, the Labour Court or Tribunal may proceed with the reference ex parte and decide the reference/application in the absence of the defaulting party :Provided that the Labour Court or Tribunal may, on the application of either party filed before the submission of the award, revoke the order that the case shall proceed ex parte, if it is satisfied that the absence of the party was on justifiable grounds.

(10)

The Labour Court or Tribunal shall submit its award to the State Government within one month from the date of oral hearing/arguments or within the period mentioned in the order of reference, whichever is earlier.

(11)

In respect of reference under Section 2-A, the Labour Court or Tribunal shall ordinarily submit its award within a period of three months:Provided that the Labour Court or Tribunal may as and when necessary, extend the period of three months and shall record its reasons in writing to extend the time for submission of the award for another specified period.

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