Section 10B in Industrial Disputes (Punjab) Rules, 1958
10B. Proceedings before the Labour Court or Tribunal.
- [(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 sub-rule (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)Where the Labour Court or Tribunal, as 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 purpose or for any other sufficient cause, extend the time-limit for 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 statement filed by the opposite party or parties within a period of fifteen days from the filing of written statement by the latter.(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 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 right 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 or 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.(7)On completion of 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 or fails to appear at any stage, the Labour Court or 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:Provided that the Labour Court or Tribunal, as the case 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.] [Substituted by Punjab Government Notification No. S.O. 46/C.A. 14/47/Section 38(Amd). (7)/87, dated 6th November, 1987. ]
