(1) An arbitrator, a Labour Court, the Industrial Court or a Board shall furnish a copy of an award, order or any document filed in any proceeding before it on payment of the charges at the following rates -
(a) Copying fees for 100 words or part thereof at the rate of 25 nP.:
Provided that where an award or order or document exceeds three foolscap size of the °paper, the approximate.number of words to the nearest ,1 0 for the purpose of copying fees:
be:
Provided further that the Labour Officer, the Registrar, the Commissioner of Labour and the parties to the dispute, shall be supplied with one copy of an ailard, order, free of charge.
(b) For certifying a copy of award, order or document a fee of 25 shall be payable 1[(c) An arbitrator, a Labour Court, the Industrial Court or a Board may supply a certified copy of an order or an award at a flat rate of Re. 1 (Rupee one) to a journal approved by the Industrial Court, if such order or award is found reportable and a .
request for the supply of its copy has been made by the publisher of such Journal).
Copying and certifying fee shall be payable incash in advance.
Where a party applies for immediate delivery of a copy of any such award, order or document, an additional fee equal to one- half fees livable shall be payable.
Fees for inspection of any record of a Labour Court, the Industrial Court or a Board shall be Re. 1:
Provided that no fee shall be payable by a party to a pending proceeding for the inspection of the record of such proceeding:
Provided further that no notes of any file before a Labour Court, the Industrial Court or a Board shall be taken in ink.
All questions answering for decision at any meeting of a Board, shall be decided by Majority of the members present. In the event of equality of votes, the Chairman shall have a second or casting vote.
A patty or its representative in any proceeding before a Labour Court, the Industrial Court or a Board shall have the right of examination, cross-examination and re-examination of the witnesses called for by such party or the opposite party as the case may be.
A Labour Court, the Industrial Court or a Board may at any stage of the proceeding recall any witness already examined.
The proceedings before a Labour Court, the Industrial Court or a Board shall beheld in public: • •
Provided that the Labour Court, the Industrial Court or the Board may direct that any witness shall be examined or its proceeding shall be held in camera.
Any person who is examined and has duly attended or otherwise appeared as a witness before a Labour ,Court, the Industrial Court or a Board or examined on commission, shall be entitled to an allowance for expenses according to the called or summoned scale for the time being in force with respect.to witnesses in Civil Court in Madhya Pradesh.
The Laboni Court and the Industrial Court shall ordinarily sit on week days from 11 a.m: to 5 p.m with interval from 1 p.m. to 2 p.m. subject to such alterations as the Industrial Court or the Labour Court may think fit.
(1) Subject to the approval of the State Government, the Industrial Court shall prepare a Hsi of holidays to be observed in such year as the holidays in the Industrial Court.
(2) This list shall be published in the Official Gazette.
The Registrar of the Industrial Court and the Head Clerk of the Labour Court shall have the custody of the record of the Industrial Court and the Labour Court, respectively.
The industrial Court and the Labour Court shall have an official seal of its own which shall be kept in custody of the Registrar of the Industrial Court or the Head Clerk of the Labour Court as the case may be.
A petition for revision against the order of the Labour Court shall set out clearly how and in what manner the subordinate court has exercised jurisdiction not vested in it by law or has failed to exercise the jurisdiction so vested or the particular illegality or irregularity complained of A Memorandum of appeal and petition for revision to the Industrial Court shall be accompanied by a certified copy of the order appealed from or sought to be revised.
A memorandum of appeal and petition for revision to the Industrial Court shall be headed "In the Industrial Court Madhya Pradesh at An application for stay order, granting of bail or for other matter, shall be separately attached with the petition for revision or memorandum of the appeal as the case may be.
A memorandum of appeal or a petition for revision and other application referred in rule 84 shall be presented to the Registrar of the Industrial Court either personally or through authorized representative or be sent by registered post.
The Registrar of the Industrial Court with the previous approval of the President, shall in all cases fix a date for motion hearing by the appropriate bench. Intimation of the date shall be given to the party or counsel and is signature taken on the order sheet in token of the receipt of the intimation.
An application for stay order or grant of bail and other application of urgent nature shall be placed before the motion bench without records in the first instance and without delay. Other cases will be placed before the appropriate motion bench with record and the date fixed should be such as to permit the receipt of records.
If a party desires any particular revision, petition or appeal to be disposed of expeditiously it should present a separate application in that behalf. The Registrar of the Industrial Court shall thereupon place the application before the appropriate bench immediately.
If an application for stay of execution or for grant of bail is accompanied by an application for early disposal, the record of the Labour Court, or the subordinate authority as the case may be shall be sent for and the case will be placed before the appropriate motion bench as soon as practicable.
Appeals and revision petition for motion hearing shall be distributed by the Registrar of the Industrial Court under instructions of the President to the appropriate motion bench two days before the due date. The distribution list shall be initiated by him. The cases in which the same counsel appear shall, as far as possible, be placed together in the list. A copy of the list shall be supplied to the Judge's reader and displayed on the notice board of the Industrial Court.
At the conclusion of the motion hearing, the reader shall send the cases to the Registrar of Industrial Court; provided that in cases where the court has ordered stay of execution or granted an order for bail or an injunction, the Registrar of the Industrial Court shall immediately after the hearing in which the order is passed, prepare a copy of the order granting the stay of execution or bail and send or cause it to be sent under the signature of the member of the Industrial Court who passed such order to the parties concerned and are affected thereby.
A copy of the order grating stay of execution or bail shall be issued to the subordinate court over the signature of the President or the members and the order and envelop in which it is - contained shall be marked "Immediate order for bail or immediate order for stay of execution" as the ease may be in red ink.
Separate registers shall be maintained of civil eases and criminal cases and also of single bench and division bench in such manner as to show when the cases are ripe for hearing. From these registered cases shall ordinarily be taken up according to the order of institution. The Registrar of the Industrial Court shall prepare a monthly cause list under instruction of President showing cases likely to be taken up during the month. A copy of such cause list shall be sent also to the Government or such officer as may be specified by the Government in this behalf and shall be displayed on the notice board of the Industrial Court kept for that purpose.
In each matter coming up before the Industrial Court, a notice shall be given to the Labour Officer of the local area concerned requiring him or his deputy to attend the Court at the time and place mentioned therein.
A writ, summons, warrant or other mandatory process or a certified copy of a document except stay order, granting of bail, an order granting injunction, the judgment and an award shall be signed by the Registrar of the Industrial Court with the day, month and year of signing and shall be sealed with an official seal of the Court.
The Registrar of the Industrial Court shall be the taxing officer.
The Registrar of Industrial Court, with the previous approval of the President may receive the application forcertified copies of documents;
issue of summons to witnesses and parties and for notices for appearing in Court;
extension of time to file a written statement, statement of claim and any other document;
inspection of documents filed in the court;
return of exhibits and other documents;
verification of affidavits.
The applications referred to above shall be placed by the Registrar before the President, Industrial Court or the member as the case may be, for orders.
85. Nothing in these rules shall be deemed to limit or otherwise affect the powers of a Labour Court, the industrial Court or the Board to make such orders as may be necessary far the ends of justice or to prevent an abuse of the process of such Labour Court, the industrial Court or the Board.