(1) Where the State Government refers any case for adjudication to a Labour Court of Tribunal it shall send to the Labour /Court or Tribunal concerned and to the opposite party concerned in the industrial dispute, a copy of every such order of reference together with a copy of the statement received by the State Government under sub-rule (3) or sub-rule (4) of Rule 10- A:
6[“Provided that where the Labour Court or the Tribunal, as the case may be considers it necessary, it may allow at any stage of the proceedings amendments to such statement to the extent5 as may be necessary for the purpose of determining the real issues included in the order of reference,” 11(b) in sub-rule (2), for the second proviso, the following proviso shall be substituted, namely: - “Provided further that where the Labour Court of the Tribunal, as the case may be, considers it necessary it may-
(a) extend the time limit for filing of rejoinder for reasons to be recorded in writing;
(b) reduce the time limit for filing of rejoinder to one week in emergent cases; or
(c) where both the parties agree, reduce the time limit for filing of rejoinder as per agreement; or
(d) where both the parties agree, dispense with the requirement of filing of rejoinder altogether; or
(e) allow at any stage of the proceedings, amendments to rejoinder to the extent as may be necessary for the purpose of determining the real issues included in the order of reference.”
(2) Within two weeks of the receipt of the statement referred to in sub-rule (1), the opposite party shall file its rejoinder with the Labour Court of Tribunal, as the case may be, and simultaneously forward a copy thereof to the other party:
Provided that such rejoinder shall relate only to such of the issues as are included in the order for reference:
Provided further that where the Labour Court of Tribunal, as the case may be, considers it necessary, it may extend the time limit for the filing of rejoinder by any party.
(3) The Labour Court or Tribunal, as the case may be, shall ordinarily fix the date for the first hearing of the dispute within six weeks of the date on which it was referred for adjudication:
Provided that the Labour Court or Tribunal as the case may be, may for reasons to be recorded in writing, fix a later date for the first hearing of the dispute.
(4) The hearing shall ordinarily be continued from day to day and arguments shall follow immediately after the closing of evidence:
6 Added by Haryana Govt. Notification No. G.S.R 94/CA. 4/47/S/38 Amd.(1)/76 dated 21.4.1976].
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Provided that no case shall be adjourned for arguments for more than a week.
(5) The Labour Court or Tribunal, as the case may be shall not ordinarily grant an adjournment for a period exceeding a week at a time not more than three adjournments in all at the instance of any one of the parties to the dispute:
Provided that the Labour Court or Tribunal as the case may be, may for reasons to be recorded in writing, grant an adjournment exceeding a week or more than three adjournments at the substance of any one of the parties to the dispute.
(6) The Labour Court or Tribunal, as the case may be, shall, as the examination of each witness proceeds, make a memorandum of the substance of what he deposes, and such memorandum shall be written and signed by the Presiding Officer.
Provided that the Labour Court or Tribunal, as the case may be, may follow the procedure laid down in Rule 5 of Order XVIII of the First Schedule to the Code of Civil Procedure, 1908, if it considers necessary so to do, in view of the nature of the particulars industrial dispute pending before.
FOR PUNJAB
(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, as the case may be, after ascertaining the copies of statement of claim are furnished to the opposite party or parties as required under subrule (1), by the party, raising the dispute shall fix the first hearing on date not beyond one month from the date of receipt of the order of reference and the opposite party or parties as the case may be, shall file their written statement together with documents, list of reliance and witnesses within a period of fifteen days from the date of first hearing and simultaneously forward a copy thereof to the other party.
(3) Whether the Labour Court or Tribunal, ass the case may be, 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 as the case may be, and for the said purposes or for any other sufficient cause, extend the time-limit for filling 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 statement filed by the opposite party or parties within a period of fifteen days from the filing of written statement by the later.
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(5) The Labour Court, or Tribunal, as the case may be shall fix a date for evidence within one month from the date of receipt of the statements, documents, the list of witnesses, etc. which shall ordinarily be within the sixty days of the date on which the dispute was referred to for adjudication.
(6) Evidence shall be recorded either in Court or by affidavit but in the case of an affidavit the opposite party shall have the eight to cross-examine each of the deponent filing the affidavit. As the oral examination of each witness proceeds, the Labour court or Tribunal as the case may be shall make a memorandum of the substance of what is being deposed while recording the evidence, the Labour Court of Tribunal as the case may be, shall follow the procedure laid down in Rule 5 of Order XVIII of the First Schedule to the Code of Civil Procedure, 1908.
PUNJAB AMENDMENT: 2. In Rule 10B of the Industrial Disputes (Punjab) Rules, 1958 (hereinafter referred to s the said rules) after sub-rule (6), the following sub-rule shall be added namely: - “(7) The provisions of Rule 14 of Order VII of the Code of Civil Procedure, 1908 (5 of 1908) shall apply to statements filed under this rule by the parties to an industrial dispute before a Labour Court or Tribunal ass if such statements were plaints under the said Code.”
(7) On completion of the evidence, either arguments shall be heard immediately or a date shall be fixed for arguments or oral hearing, which shall not be beyond a period of fifteen days from the close of evidence.
(8) The Labour Court or Tribunal, as the case may be, shall not ordinarily grant an adjournment for a period exceeding one week at a time, but in any case, not more than three adjournments at the instance of the parties to the dispute:
Provided that the Labour Court or Tribunal as the case may be may for reasons to be recorded in writing, grant an adjournment for a period exceeding one week at a time.
(9) In case any party defaults of fails to appear at any stage the Labour Court of Tribunal, as the case may be, may proceed with the reference ex-parte and decide the reference or application in the absence of the defaulting party.
Provided that the Labour Court or Tribunal, as the case may be, may on the application of either party filed before the submission of the award revoke the ex-parte order if it is satisfied that the absence of the party was on justifiable grounds.
(10) The Labour Court or Tribunal, as the case may be shall submit its award to the State government within a period of 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 a reference under Section 2-A, a Labour Court or Tribunal, as the case may be, shall ordinarily submit its award within a period of three months.
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Provided that the Labour Court or Tribunal, as the caps may be, may for reasons to be recorded in writing, extend the period of three months for submission of the award for another specified period.
11. The Conciliation Officer may hold a meeting of the representatives of both parties, jointly or of each party separately.
12. The Conciliation Officer shall conduct the proceedings expeditiously and in such manner as he may deem fit.
13. Place and time of hearing. -- 7[Subject to the provisions contained in Rules 10-A and 10-B, the sittings of the Board, Court, Labour Court or Tribunal or of an Arbitrator shall ordinarily be held at the pale where the cause of the dispute has arisen or at such other place as may be mutually agreed upon by the parties and at such times as the Chairman or the Presiding Officer, or the Arbitrator, as the case mazy be, may fix and the Chairman, or Presiding Officer or the Arbitrator, as the case may be, shall inform the parties of the same in such manner as he thinks fit.
14. Quorum for Board and Court. -- The quorum necessary to constitute a sitting of a Board or Court shall be as follows: -- Quorum
(i) in the case of a Board-- where the number of member is 3…2 where the number of member is 5…3
(ii) in the case of a Court-- where the number of members is not more than 2…1 where the number of member is more than 2 but less than 5…2 where the number of members is 5 or more…3
15. Evidence. -- A Board, Court, Labour Court or Tribunal or an Arbitrator may accept, admit or call for evidence at nay stage of the proceedings before it/him and in such manner as it/he may think fit.
16. Administration of Oath. -- Any number of a Board, or Court or Presiding Officer of a Labour Court of Tribunal or an Arbitrator may administer an oath.
17. Summons. --A summons issued by a Board, Court, Labour Court or Tribunal shall be in form ‘D’ and may require any person to produce before it any books, papers other documents and things in the possession of or under the control of such person in any way relating to the matter under investigation or adjudication by the Board, Court, Labour Courts or Tribunal which the Board, Court, Labour Court or Tribunal thinks necessary for the purposes of such investigation or adjudication.
7 Substituted for the words “The sitting of a Boards, Court, Labour Court or Tribunal or of an Arbitrator” by Punjab Government Notification No. 653(1)Lab-1-59/2802 dated 19.1.1959.
9 8[18. Service of summons or notice. -- Subject to the provisions contained in Rule 20, any notice, summons, process or order issued by a Board, Court, Labour Court, Tribunal or an Arbitrator, empowered to issue such notice, summons, process or order may be served wither personally or by registered post and in the event of refusal by the party concerned to accept the said notice, summons, process or order, the same shall e sent again under certificate of posting.]
19. Description of Parties in certain cases. -- Where in any proceeding before a Board, Court, Labour Court of Tribunal or an Arbitrator, there are numerous persons arrayed on any side, such persons shall be described as follows:
(1) all such persons as are members of any trade union or association shall be described in such manner as the Board, Court, Labour Court, Tribunal or Arbitrator, as the case may be, may determine.