Section 10B in Industrial Disputes (Punjab) Rules, 1958
10B. Proceedings before the Labour Court or Tribunal.
(1)Where the State Government refers any case for adjudication to a Labour Court or 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 :[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 extent 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 or 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 or 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 or 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 :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 nor 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 particular industrial dispute pending before.
