Section 12 in U.P. Industrial Disputes Rules, 1957
12. [ Proceedings before the Labour Court or Tribunal. - (1) Where the State Government refers an industrial dispute for adjudication to a Labour Court or Tribunal within two weeks of tine date of receipt of order of reference, the party representing tine workmen, or in the case of individual workman, the workman himself and the employer involved in the dispute shall file before the Labour Court or the Tribunal, as the case may be, a statement of the1 demands relating only to the issues as are included in the order of reference and shall also forward a copy of such statement to each one of the opposite parties involved in the said dispute :
Provided that where the Labour Court or Tribunal, as the case may be, considers it necessary, it may, -(a)extend the time-limit for filing of such statement; or(b)reduce the time-limit for filing of such statement to one week in emergent cases for reasons to be recorded in writing; or(c)where both the parties agree, reduce the time-limit for filing of such statement as per agreement; or(d)where both the parties agree dispense with the requirement of filing of such statement altogether; or(e)allow at any stage of the proceedings, amendment of such statement to the extent as may be necessary for the purpose of determining the real issue included in the order of reference.(2)Within two weeks of the receipt of this statement referred to in sub-rule (1) above the opposite party shall file its rejoinder with the Labour Court or the 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 of reference :Provided also 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 such a rejoinder or reduce the time-limit for filing of such rejoinder to one week in emergent cases for reasons to be recorded in writing;(b)permit the workman to file reply to the said rejoinder on a date fixed by the Presiding Officer, and on such date the parties shall file their documents and issues, if any, arising out of the pleadings of the parties shall be framed;(c)fix a date for filing documents and may on the same date frame such issues, if any, as may arise out of the pleadings of the parties after the written statements and rejoinders have been filed.(3)The Labour Court or the 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 the Tribunal, as the case may be, 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.(5)The Labour Court or the Tribunal, as the case may be, shall not ordinarily grant an adjournment for a period exceeding one week at a time, and not more than three adjournments at the instance of any one of the parties to the dispute shall be granted :Provided that in a very special case only the Labour Court or the 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 instance of any one of the parties to the dispute.(6)At the first hearing of the Labour Court or the Tribunal, the Presiding Officer may call upon the parties to state their case in such order as it may think fit(7)Where reference is pending before the Labour Court or the Tribunal, the Labour Court or the Tribunal shall proceed to decide such dispute on a priority basis in which it has been brought to the notice of the said Court or the Tribunal that a strike or lock-out is pending or threatened in the establishment concerned.(8)The written statement filed by the Union or the workmen shall state the grounds on which the claim of the concerned workman is based and the written statement shall be accompanied by an affidavit in which the consents of the written statement are sworn to.(9)If the affidavit accompanying the written statement of the Union or the workmen is not rebutted by tire employers, the Labour Court or the Tribunal, as the case may be, shall presume the contents of the affidavit to be true and make an award accepting the facts stated in the written statement.(10)As and when the application in Form I filed by the espousing Union before the Conciliation Officer is received by the Labour Court or the Tribunal, the Presiding Officer concerned shall place on record this document which shall be treated in the proceedings as document of the Union or the workman.] [Substituted by Notification No. 9043/(ST)/XXXVI-1, dated 19.1.1978.]
