Rule 60. Authorization of employer for representing in any proceeding under sub-section (2) of Section 94

Where the employer, is not a member of any association of employers, may authorize in Form-XIII an officer of any association of employers connected with, or by any other employer engaged in, the industry in which the employer is engaged to represent him in any proceeding under the Code relating to a dispute in which the employer is a party. 61 . Holding an enquiry under sub-section (1) of section 85.—

(1) On receipt of a complaint of the offence committed under sub-sections (3),

(5), (7), (8), (9), (10), (11) and (20) of section 86 and sub-section (7) of section 89, the same shall be enquired by Deputy Labour Commissioner of the concerned area for such purpose under sub-section (1) of section 85 (hereinafter referred to as the enquiry officer).

(2) On receipt of the complaint, the enquiry officer shall call upon the person or persons through a notice to be sent electronically, or by registered post or speed post and upload a copy of the same on the designated portal, to appear before him on a specified date together with all relevant documents and witnesses, if any, and shall inform the complainant of the date so specified. Where a party so desires, he may request in writing to the enquiry officer to issue notice in the enquiry only by post and also in cases where the enquiry officer feels that no electronic means of communication are available to the parties concerned, he may send such notice by registered post or speed post.

(3) If the person, to whom notice has been issued under sub-rule (2), or his representative fails to appear on the specified date, the enquiry officer may proceed to hear and determine the complaint ex-parte.

(4) If the complainant fails to appear on the specified date without any intimation to the enquiry officer on two consecutive dates, the enquiry officer may dismiss the complaint:

Provided that not more than three adjournments may be given on the joint application made by complainant and the opposite party:

Provided further that the enquiry officer shall at his discretion permit hearing the parties or any of the party, as the case may be, through video conferencing.

(5) The authorisation to appear on behalf of any person, under sub-section (2) of section 85 shall be given by a certificate or electronic certificate, as the case may be, which shall be presented to the enquiry officer during the hearing of the complaint and shall form part of the record.

(6) Any person who intends to appear in the proceeding on behalf of complainant shall present himself before the enquiry officer and submit a brief statement in writing explaining the reason for his appearance.

(7) The enquiry officer shall record an order on the statement referred to in sub-rule (6) permitting the person referred to in that sub-rule to appear in the proceeding on behalf of complainant, and in the case of refusing such permission, the enquiry officer shall include reasons for the same, and incorporate it in the record.

(8) The complaint or other documents relevant to the complaint may be presented in person to the enquiry officer at any time during hours fixed by the enquiry officer, or may be sent to him electronically, or by registered post or speed post and the opposite party shall have the right to reply the complaint and such other documents.

(9) The enquiry officer shall endorse, or cause to be endorsed, on each document the date of its presentation or receipt, as the case may be, and if the documents are submitted electronically, no such endorsement shall be necessary.

(10) The enquiry officer may refuse to entertain a complaint, if he considers that the complaint is incomplete and may ask the complainant to rectify the defects within the time specified by him for such purpose:

Provided that if the enquiry officer finds that it is not possible to rectify the defects in the complaint, he may at once return such complaint indicating the defects.

(11) Where the complaint is presented again, after rectification of the defects, the date of such re-presentation shall be deemed to be the date of presentation for the purpose of sub-section (1) of section 85.

(12) The enquiry officer may, after giving the complainant an opportunity of being heard, refuse to entertain a complaint presented under sub-section (1) of section 85, if he is satisfied for reasons to be recorded in writing that—

(a) the complainant is not entitled to present the complaint; or

(b) the complainant has filed the complaint beyond six months from the date on which the offence complained is committed;

(c) the complainant fails to comply the directions given by the inquiry officer under sub-section (2) of section 85.

(13) The enquiry officer shall, in all cases, mention the particulars at the time of passing of order containing the details, such as, the date of complaint, name and address of the complainant, name and address of the opposite party or opposite parties, section-wise details of the offence committed, plea of the opposite party, findings and brief statement of the evidence taken including cross examination, reasons and penalty imposed with his signature, date and place.

(14) The enquiry officer shall, in respect of procedure, be guided by the relevant provisions of the Orders of the First Schedule of the Code of Civil Procedure, 1908 (5 of 1908), with such alterations as the enquiry officer may deem fit, not affecting their substance, for adapting them to the matter before him, and save where they conflict with the express provisions of the Code or these rules.

(15) The enquiry officer shall, after the case has been heard, pass an order or give a direction on the same day or on a future date to be fixed for this purpose.

(16) Any person, who is either a complainant or an opposite party or his representative, or any person permitted under sub-rule (7) shall be entitled to inspect any complaint, or any other document filed with the inquiry officer, in a case to which he is a party or representing a party. 62. Expenses of witness.—Every person who is summoned and duly attends or otherwise appears as a witness before a Tribunal or arbitrator shall be entitled to an allowance for expenses according to scale for the time being in force with respect to witnesses in the civil court in the State where the enquiry, adjudication or arbitration, as the case may be, is being conducted. 63. Submission of a copy each of the Form to the office of Director General, Labour Bureau under clause (zzf) of sub-section 2 of section 99.– A copy each of Form XX (notice of strike), Form XXI (notice of lockout), Form XXII (notice for intimation of retrenchment or closure to the State Government), Form XXIII (Application for permission of lay-off or retrenchment or closure), and Form XXIV (compounding of offences), shall be shared electronically with Director General, Labour Bureau in auto-mode. 64. Publication for communication.—The State Government, the Tribunal, the National Tribunal, every employer for which the State Government is the appropriate Government, every Trade Union or negotiating union or the constituents of negotiating council and every authority referred to in these rules shall adequately make known their e-mail id or website or portal or any or all of them, as the case may be, by specifying in the letter-head, for the purposes of every communication to effect service of messages and documents under these rules. 65. Maintenance of records, registers, forms, notice, and display on board.— All records, registers, forms, notice, display board and other documents which are required to be maintained under the Industrial Relations Code, 2020 (36 of 2020) can be maintained in electronic manner and in the required format or containing the information as is required and they shall be produced and shown as and when required by the authority or Inspector-cum-Facilitator under this Code and rules framed thereunder. The maintenance of these records shall comply with the requirement of retention of records. 66. Appointment of Commissioner.—Where it is necessary to appoint a Commissioner under sub-section (3) of section 59, the Tribunal may appoint a person with experience in the particular industry, trade or business involved in question referred to in sub-section (2) of section 59 or a person with experience as a judge of civil court, or as a stipendiary magistrate or as a Registrar or Secretary of a Tribunal constituted under any Central Act or Tribunal or National Tribunal constituted under the Code. 67. Fees for the Commissioner, etc. —

(1) The Tribunal shall, after consultation with the parties, estimate the probable duration of the enquiry and fix the amount of the Commissioner’s fees and other incidental expenses and direct the payment thereof into the nearest treasury, within a specified time, by such party or parties and in such proportion as it may consider fit. The Commission shall not issue until satisfactory evidence of the deposit into the treasury of the sum fixed is filed before the Tribunal:

Provided that the Tribunal may from time to time direct that any further sum or sums be deposited into the treasury within such time and by such parties as it may consider fit:

Provided further that the Tribunal may in its discretion, extend the time for depositing the sum into the treasury.

(2) The Tribunal may, at any time, for reasons to be recorded in writing, vary the amount of the Commissioner’s fees in consultation with the parties.

(3) The Tribunal may direct that the fees shall be disbursed to the Commissioner in such instalments and on such date as it may consider fit.

(4) The undisbursed balance, if any, of the sum deposited shall be refunded to the party or parties who deposited the sum in the same proportion as that in which it was deposited. 68. Time for submission of report.—

(1) Every order for the appointment of Commissioner under sub-section (3) of section 59 shall indicate a date, allowing sufficient time, for the Commissioner to submit his report.

(2) If for any reason the Commissioner anticipates that the date fixed for the submission of his report is likely to be exceeded, he shall apply, before the expiry of the said date, for extension of time setting forth grounds thereof and the Tribunal shall take such grounds into consideration in passing orders on the application:

Provided that the Tribunal may grant extension of time notwithstanding that no application for such extension has been received from the Commissioner within the reasonable time limit.