Rule 40. Proceedings before Tribunal

(1) Any dispute which is not settled during the conciliation proceedings, then, either of the concerned party may make an application in Form-XV, before the Tribunal through an on-line application or through portal of the Labour Resources and Migrant Works Welfare Department or registered post or speed post or in person with in ninety days from the date of the report under sub-rule (4) of rule 39.

(2) On receipt of the application referred to in sub-rule (1), the Tribunal shall direct the party raising the dispute to file a statement of claim with complete details along with relevant documents, list of supporting documents and witnesses within thirty days from the date on which application is filed. A copy of such statement may be sent electronically or uploaded on the portal of the Labour Resources and Migrant Works Welfare Department or through registered post or by speed post for service on each of the opposite parties in the dispute.

(3) The Tribunal, after ascertaining that the copies of statement of claim and other related documents are furnished to the other side by the party raising the dispute, shall fix the first hearing as soon as possible and within a period of one month from the date of receipt of the application. The opposite party or parties shall file their written statement together with supporting documents and the list thereof and list of witnesses, if any, within a period of thirty days from the date of first hearing and simultaneously forward a copy thereof to the opposite party or parties for service.

(4) Where the Tribunal finds that the party raising the dispute, despite its directions, did not forward the copy of the statement of claim and other documents to the opposite party or parties, it shall give directions to the concerned party to furnish the copy of the statement to the opposite party or parties, granting extension of fifteen days for filing the statement, if the Tribunal finds sufficient cause for not filing the statement of claim and other documents within time.

(5) Evidence shall be recorded either in Tribunal or, as the case may be, may be filed on affidavit or recorded in the Tribunal on oath, but in the case of affidavit the opposite party shall have the right to cross-examine each of the deponents filing the affidavit. Where the oral examination of each witness proceeds, the Tribunal as the case may be, shall make a memorandum of the substance of what is being deposed and while recording the oral evidence the Tribunal shall follow the procedure laid down in rule 5 of Order XVIII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908).

(6) On completion of evidence, arguments may be heard immediately or a date may be fixed for arguments, which shall not be beyond a period of fifteen days from the closure of evidence.

(7) The Tribunal as the case may be, shall not ordinarily grant an adjournment for a period exceeding a week at a time, but not in any case more than three adjournments in all, at the instance of the parties to the dispute, shall be granted:

Provided that the Tribunal as the case may be, for reasons to be recorded in writing, grant an adjournment exceeding a week at a time but not in any case more than three adjournments, at the instance of any one of the parties to the dispute, shall be granted.

(8) A Tribunal or Arbitrator may at any time correct any clerical or arithmetical mistake or error arising from an accidental slip or omission in any proceedings, report, award or decision either of its or his own motion or on application of any of the parties.

(9) In case any party defaults or fails to appear at any stage, the Tribunal as the case may be, may proceed with the case ex-parte, and decide the application or reference, as the case may be, in the absence of the defaulting party:

Provided that the Tribunal or 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 justifiable grounds, and proceed further to decide the matter as contested.

(10) The Tribunal, as the case may be, shall communicate its award electronically or through registered post or speed post to the parties concerned and the State Government and upload on the portal of Labour Resources and Migrant Works Welfare Department within one month from the date of the pronouncement of the award.

(11) The Tribunal may summon and examine any person whose evidence appears to it to be material for deciding the case and shall be deemed to be a civil court within the meaning of sections 345, 346 and 348 of the Code of Criminal Procedure, 1973 (1 of 1974).

(12) Where assessors are appointed to advise a Tribunal under sub-section (5) of section 49 in relation to proceeding before it, the Tribunal shall obtain the advice of such assessors, but such advice shall not be binding on such Tribunals.

(13) A party in an award, who wants to obtain a copy of the award or other document, may obtain a copy of the award or other document after depositing the fee electronically or by bank draft in the Tribunal, as the case may be, in the following manner, namely: -(a) fee for obtaining a copy of an award or the document filed in any proceedings of Tribunal be charged at the rate of rupees two per page;

(b) for certifying a copy of any such award or order or document, a fee of rupees two per page shall be payable;

(c) copying and certifying fees shall be payable electronically;

(d) where a party applies for immediate delivery of a copy of any such award or document, an additional fee equal to one-half of the fee leviable under this rule shall be payable.

(14) The representatives of the parties appearing before a Tribunal or an Arbitrator shall have the right of examination, cross-examination and of addressing the Tribunal or National Industrial Tribunal or an Arbitrator when evidence has been called.

(15) The proceedings before Tribunal shall be held in open court:

Provided that the proceedings before the Tribunal may be at the request of the parties or of the directions of the Tribunal or National Tribunal, as the case may be, held by video conferencing:

Provided further that Tribunal or National Industrial Tribunal may, at any stage of the proceeding direct that any witness shall be examined, or its proceedings be held, in-camera.

(16) A conciliation officer, Judicial Member or Administrative Member of the Tribunal or any person authorized in writing by the conciliation officer, Tribunal or National Tribunal in this behalf may, for the purposes of any conciliation or adjudication under the Code at any time between the hours of sunrise and sunset and in the case of person so authorized after giving reasonable notice in writing , may enter any building, factory, workshop, or other place or premises whatsoever, and inspect the same or any work, machinery, appliance or article therein or interrogate any person therein in respect of anything situated therein or any matter relevant to the subject matter of conciliation or adjudication, as the case may be.

(17) A Tribunal may, in the interest of justice and after recording reasons therefor, admit or accept any evidence at any stage of the proceeding before it.