Rule 42. ! The manner holding conciliation proceedings under (1) of sub-section 53, full section report under sub- section (4), application and the manner of deciding such application sub-section under (6)

of 41. (I) (I) Where any industrial dispute exists or is apprehended or a notice under section 62 has of been given, the conciliation officer shall, within a period of 15 days of receipt of such application shall examine the application and if he finds fit will issue notice to the parties concerned declaring his intention to and commence conciliation proceedings.

(2) The employer or the workers representative in the first meeting shall submit their respective statement in the matter of said dispute.

(3) The conciliation officer shall hold conciliation proceedings for the purpose of bringing about a settlement of the dispute and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement.

(4) (i) During the pendency of any conciliation proceeding before a Conciliation Officer or any proceeding before a Tribunal in respect of and Industrial Disputes, no employer shallin regard to any matter connected with (a) the dispute, alter to the prejudice of the workmen concerned in such dispute, the conditions of service applicable to them immediately before the commencement of such proceeding, or

(b) for any misconduct with the dispute, discharge or punish, whether by dismissal or otherwise any worker concerned in such dispute save with the express permission in writing of the authority before which the proceeding is pending.

(ii) During the pendency of any such proceeding in respect of an industrial disputes, employers may, in accordance with the standing orders applicable to a worker concerned in such disputes-

(a) alter, in regard to any matter not connected with the disputes the conditions of service applicable to that worker immediatelybeforethe commencement of such proceeding. oг

(b) for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or otherwise, that worker:

Provided that no such worker shall be discharged or dismissed, unless he has been given wages for the month and an application has been made by employer to the authority before which the proceeding is pending for approval of the action taken by the employer.

(iii) Notwithstanding anything contained in said sub-clause(ii) no employer shall during the pendency of any such proceeding in respect of and industrial dispute, take any action against any protected worker concerned in such dispute-

(a) by altering, to the prejudice of such protected worker, the conditions of service applicable to him immediately before the commencement of such proceeding, or

(b) by discharging or punishing, whether by dismissal or otherwise such protected worker, save with the express permission in writing of the authority before which the proceeding is pending.

(iv) Where an employer makes an application to Tribunal under the provision to sub clause

(ii) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass such order within thirty days of receiving of application in relation thereto as it deems fit.

(v) Where an employer contravenes the provisions of sub-clause (iii) during the pendency of proceedings before Tribunal, any worker aggrieved by such contravention may make a complaint in writing in the prescribed manner, to the Tribunal as the case may be, and on receipt of such complaint the Tribunal shall adjudicate upon the complaint as if it were a dispute referred to or pending before it, in accordance with this Code and shall submit its award to the State Government.

(5)(1)(i) Where any money is due to a worker from an employer under a settlement or award, or under an award given by an adjudicator or the State Industrial Tribunal appointed or constituted under this Code worker may, without prejudice to any other mode of recovery, made an application to the State Government for the recovery of the money due to him, and if the State Government is satisfied that any money is so due, it shall issue a certificate of that amount to the Collector who shall proceed to recover the same as if it were a arrear of land-revenue.

(ii) Where any worker is entitled to receive from the employer any benefit which is capable of being computed in terms of money, the amount at which such benefit should be computed may be determined by such Tribunal as may be specified in this behalf by the State Government, and the amount so determined may be recovered as provided in sub-clause (i)

(iii) For the purposes of computing the money value of a benefit, the Tribunal may, if it so thinks fit, appoint a Commissioner in the prescribed manner who shall, after taking such evidence as may be necessary, submit a report to the Tribunal and the Tribunal shall determine the amount after considering the report of the Commissioner and other circumstances of the case.

(2) Any dispute which is not settled during the conciliation proceedings, then, either of the concerned party may make an application in Form-M before the Tribunal or through registered post within 30 days from the date of the report under sub-rule (2).

(3) In case of an industrial dispute which has not been settled during the conciliation proceedings an application may be made before the Tribunal by either of the parties concerned for adjudication, 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 by registered post each of the opposite parties in the dispute.

(4) The Tribunal after ascertaining that the copies of statement of claim and other related document are furnished to the other side by the party raising the dispute, the Tribunal shall fix the first date of 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.

(5) Where the Tribunal finds that the party raising the dispute, despite its direction, 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 suffficient cause for not filing the statement of claim and other documents within time.

(6) Evidence shall be recorded either in Industrial Tribunal or may be filed on affidavit 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 shall make a memorandum of the substance of what is being deposed. 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).