Section 10B in The Rajasthan Industrial Disputes Rules, 1958
10B. [ Proceeding before the Labour Court or Tribunal. [Substituted by GSR 114 F.1(2)(8)/Shram/76, 05-01-87, IV-C(1), w.e.f. 26-03-87, page 337]
(1)While referring an industrial dispute for adjudication to a Labour Court or the Tribunal, the State Government shall direct the party raising the dispute to present and file a statement of claim complete with relevant documents, list or reliance and witnesses with the Labour Court or the 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 the Tribunal after ascertaining that copies of statement of claims are furnished to the other side by party raising the disputes, shall fix the first hearing on a date not beyond one month from the date of receipt of the order of reference and the opposite party or parties 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 the Tribunal, as the case may be, finds that the party raising the dispute though directed did not forward the copy of the statement of claims to the opposite party or parties, it shall give directions to the concerned parties to furnish the copies of the statement to the opposite party or parties and for the said purpose the Labour Court or the Tribunal may extend the time limit for filing of the statement either 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 statements by the appropriate party or parties within a period of fifteen days from the filing of written statement by the later.(5)The Labour Court or the Tribunal, as the case may be, shall fix a date for evidence within one month from the date of receipt of the statements, documents, list of witnesses, etc., which shall be ordinarily within sixty days of the date on which the dispute was referred for adjudication.(6)Evidence shall be recorded either in court on an affidavit but in the case of affidavit the opposite party shall have the right to cross examine each of the deponents filing the affidavit. As the oral examination of each witness proceeds, the the Labour Court or the Tribunal shall make a memorandum of the substance of what is being deposed. While recording the evidence the Labour Court or the Tribunal shall follow the procedure laid down in rule 5 of Order 18 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/oral hearing which shall not be beyond a period of fifteen days from the close of evidence.(8)The Labour Court or the Tribunal, as the case may be, shall not ordinarily grant an adjournment for a period exceeding a week at a time but in any case not more than three adjournments in all will be granted at the instance of the parties to the dispute:Provided that the Labour Court or the Tribunal, as the case may be, for the reasons to be recorded in writing, grant an adjournment exceeding a week at a time but in any case not more than three adjournments at the instance of any one of the parties to the dispute.(9)In case any party defaults or fails to appear at any stage the Labour Court or the Tribunal, as the case may be, may proceed with the reference ex parte and decide the reference application in the absence of the defaulting party:Provided that the Labour Court or the Tribunal, as the case may be, may on the application of either party, filed before the submission of the award revoke the order, that the case shall proceed ex parte, if it is satisfied that the absence of the party was on justiciable grounds.(10)The Labour Court or the Tribunal, as the case may be, shall submit awards to the State Government within 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 reference under section 2-A, the Labour Court or the Tribunal, as the case may be, shall ordinarily submit its awards within a period of three months:Provided that the Labour Court or the Tribunal may, as and when necessary. extend the period of three months and shall record its reasons in writing to extend the time for submission of the award for another specified period.] [Renumbered and added by F. 3(14) Lab. 63, 04-04-67, IV-C, w.e.f. 27-07-67]Note - The above rule was substituted by amending Notification No. 10 dated 5.1.1987 published on 26.3.1987 for the following:-"10B. Proceeding before the Labour Court or Tribunal.- (1) Where the State Government refers any industrial dispute for adjudication to a Labour Court or Tribunal within two weeks of the date of receipt of the order of reference, the party representing workmen and the employer involved in the dispute shall file with the Labour Court or the Tribunal, as the case may be a statement of the demands relating only to the issues as are included in the order of reference and shall also forward a copy of such statements, 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 extend the time limit for filing of such statements.(2)Within two weeks of the receipt of the statements 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 such rejoinder.(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, 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 Tribunal, as the case may be, shall not ordinarily grant an adjournment for a period exceeding a week at a time and not 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 instance 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 such 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 it."
