Industrial dispute powers and exercise of the powers confer under the section 38 of the Industrial disputes Act, 1947. Central government makes the following rules. They extending to union territories in relation to all industrial disputes and to the state in relation only to an industrial dispute concerning. Any industry carried under the authority of Railway Company, Private limited company registration and other any mode of company specifically controlled under section (2) of Act in the central government.
Chief labour Commissioner shall be construed as reference to the appropriate authority. On the behalf of the administrator of the territory, Industrial establishment is in the reference of employer. Form A of application personally forwarding in the register post.
Industrial dispute statement and application:
The application and the statement accompany through the employer via company incorporation or other way of body corporate. The agent, Manager and other principle officer are allowing to undertaking the process. In the case of workmen, either by the president and secretary of as trade union can arrange the meeting for the central issue. The same union of members are allowing for this participation.
If the central government proposes to appoint a board, it shall send a notice in form B to the parties requiring them to nominate within a reasonable time. The persons are required to present in the board meeting. The industrial dispute is one of the crucial issues and it ruins the credential of Corporate or company formation. Any officer of the trade union authorised can take over the issue for further clarification.
Industrial dispute notice to parties:
Arbitration agreement for the reference of an industrial dispute made in the form C and shall be delivered personally or forwarded to the secretary to the government of India in the ministry of labour. In case, the employer himself possesses the company formation or other body corporate. The industrial dispute has been referred to arbitration and the central government is satisfies with the representation of majority. It shall publish a notification in the official gazette.
The conciliation officer on receipt of a notice of a strike or lock-out is given under rule 71 or 72. The conciliation officer receives any information about an existing or apprehended industrial dispute which does not relate to public utility service and he considers it necessary to intervene in the dispute, he shall give formal intimation in writing to the parties concerned with effect from such date as may be specified therein.
The employer or on behalf registering company referring the industrial dispute for adjudication to a labour court, tribunal or national tribunal the central government shall direct the party raising the dispute to file a statement of claim complete with relevant documents, list of reliance and witnesses with the labour court. Within fifteen days of receipt the reference forward to the opposite party then they will involve in the dispute.
Ascertain the copy of statement:
The labour court ascertain the copy of statement and the claim are furnished to the other side by party raising the dispute shall fix the first hearing on a date not beyond the period of one month. It is calculating from the date of receipt of the order of reference and the opposite party shall file their written statement together with their documents. It should witness by the officials fifteen days from the date of filing. It will be common for company with a private limited company registration or public limited company registration or other type of registration firms.
A copy of statement to the opposite party or other parties have any sufficient cause, the time limit for filing extend under the sub rule. The party raising a dispute may submit a rejoinder if it chooses to do so to have the written statements by the appropriate party within fifteen days from the filing of written statement.
A date of evidence within one month from the date of receipt of the statement, documents relating to its company registration and list of witness etc., which shall be ordinarily within sixty days of the date on which the dispute referring for adjudication. Evidence shall be recording either in court or on an affidavit. In 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 proceed the labour court, tribunal or national tribunal shall follow the procedure laid down in rule 5 of order XVIII of the first schedule to the code of civil procedure 1908.
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.
The conducting procedures:
The case shall not grant an adjournment for a period of exceeding a week at a time but in any case not more than three adjournments in all at the instance of the parties to the dispute. The reasons are recording 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. The absence of any party can be result in the favour to the opposite party. Public limited companies are facing the huge hazard if they fail to look the procedure in the monetary level.
The submission of award revokes the order that the case shall be proceeding. It is satisfied that the absence of the party was on justifiable grounds. Within one month from the date of oral hearing arguments or within the period mentioned in the order of reference whichever is earlier.
Industrial dispute process of hearing:
In respect of hearing on the issue registering company or an employer refer the section 2 A. Submission of the award for extension avails only for three months. For the extension of period written statement is inevitable proof. The hearing can be holding a meeting of the representatives. It is joint one or conducting separately from the each party. The sitting of the board member can be 5 if it is in court it will be 2 to 5 as per the quorum.
At this stage of procedure and proceeding the arbitrator may accept, admit and call for the evidence at any stage of proceeding. The court summon is time issuing from the board according to the form D. The evidence can be books, papers or other documents and things in the possession of relating to the case and under the control of the person. It should produce at the time of investigation.
Industry dispute relating summons or notice:
Subjecting to the provisions contained in the rule 20, any notice, summons, process or order issuing through the board or court. In the event of refusal the party concerned to accept. Before any proceeding the numerous persons are arraying on any side all such persons are members of any trade union shall be described by the name of association. Private limited company or other body companies shall not allow for holding the union secretary or other principal officer of the trade union or association.
The personal service in the court is not practicable. It is noticeable in the main entrance of establishment concerns. The first sitting of the board shall call upon the parties as fit to state their case. Without sufficient cause arbitrator will fail to represent the party duly.
Power of Entry and inspection:
At any time between the hours of sunrise and sunset the authorised person writing in board after the reasonable notice enter any building factory, workshop, premise or other places comes under any types of company formation. As the same it will inspect at any time of work, machinery, appliance or article there in or interrogate any person therein in respect of anything situated there in or anything matter relevant to the subject matter of the conciliation, investigation, enquiry or adjudication.
The industrial dispute in the noticing factors:
Discovery and inspection, granting adjournment and reception of evidence taken on affidavit may summon and examine any person whose evidence appears to it to be material and shall be deemed to be a civil court within the meaning of sections 480 and 482 of the code of criminal procedure. Assessors are appointed to advise a case relation to proceeding than other proceeding will obtain on it. All questions are arising for decision at any meeting of board r court deciding through majority of the votes of the members. Arbitrator at any time corrects any clerical mistake or error. Examination, cross examination direct any witness examining through camera.
Travelling allowance and halting allowance are connecting with the performance of his duty. At the rate, admissible and the subject to the conditions are applicable to government servant of the first grade under the supplementary rules. These are the common procedure and tribunal process following in the remuneration of chairman and members of courts.
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