Section 20H in West Bengal Industrial Disputes Rules, 1958
20H. Procedure at the final hearing.
(1)When a case is taken up for hearing the Industrial Tribunal/Labour Court shall first decide, having regard to the nature of the dispute and the issues requiring adjudication, which party shall be called upon to open its case and lead evidence. The party called upon by the Industrial Tribunal/Labour Court to open its case and lead evidence, shall comply with the order of the Industrial Tribunal/Labour Court. Thereafter, the other party to the dispute shall open its case and lead evidence.(2)After the evidence of both parties is concluded, the party tendering evidence last shall first address the Industrial Tribunal/Labour Court generally and thereafter the other party shall do the same.Provided that the Industrial Tribunal/Labour Court may decide any preliminary issue raised on the eve of the final hearing. if not earlier, by any party to the proceeding and record such evidence or admit such documents as may be deemed fit and proper for the purpose and pass its order on the issue upon consideration of all the relevant materials as placed before it and submissions on the contesting partiesProvided further that the Industrial Tribunal/Labour Court may in it discretion at the time of passing the order on the preliminary issue grant costs not exceeding five hundred rupees against any party, which in the opinion of the Industrial Tribunal/Labour Court, raised such preliminary issue frivolously or otherwise in order to serve its ulterior purpose.
