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Procedure of the machinery for settlement of disputes
where an industrial dispute has been referred to a labour court, tribunal or national tribunal for adjudication, it shall hold its proceedings expeditiously and shall as soon as it is practicable on the conclusion submit its award to the appropriate government.


Postini Alternative

unlike limit of 14 days and 2 months under conciliation proceedings and proceedings before a conciliation officer/Board of conciliation respectively, there is no time limit fixed in respect of tribunals. Submission of failure of report is applicable only to conciliation officer and board of conciliation as they are not adjudicating bodies and have no power to pronounce a decision. Tribunals have power to pass the award and this award is binding on both the parties to the dispute an is submitted to the government.

Where the dispute is referred for adjudication to a labour court, tribunal or national tribunal by the government within two weeks of he date of receipt of the order of reference, the party representing workmen and employer involved in the dispute must file with these authorities, a statement n demands relating only to the issues as are included int the order of reference. A copy of such statement must be forwarded to each one of the opposite parties involved in the said dispute. The time limit for filing the statement may be extended at the discretion of the above authorities. The opposite party is also required to file its rejoinder with the above authorities within two weeks of the receipt of such statement and simultaneously forward a copy thereof to the party. But such rejoinder must confine itself only to those issues which are included int the order or reference. The time limit for filing the rejoinder may be extended at the discretion of authorities.

The next step after filing of statement and the rejoinder is to fix up the date which first hearing of the dispute will take place; this date should be fixed within six weeks of the date on which it was referred for adjudication. But the adjudication authority may fix a later date for first hearing and the reasons for that are to be recorded in writing. The hearing must ordinarily be continued from day to day and arguments must follow immediately after the closing evidence. The adjudicating authority 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 on one of ht parties to the dispute. Where such adjournment is granted by the adjudicating authority, the reasons for it are to be recorded. If these reasons appear to be biased, arbitrary or prejudicial to any party, it may seek interference by court.

The adjudicating authority enjoys same powers as are vested in a civil court (under the code of civil procedure, 1908). these are:

(i) Entering the premises, for the purpose of enquiry into any existing or apprehended disputes, after giving reasonable notice.
(ii)
enforcing attendance of any person and examining him or oath; it may accept, admit or call for evidence at any stage of the proceeding.
(iii)
compelling the production of documents and material objects and their inspection, for its the authority must assign reasons.
(iv)
issuing commission for the examination for witness.
(v)
appointing one or more persons as assessor or assessors to advise it in the proceedings before it.
(vi)
determining the costs of , and incidental to,any proceedings before the adjudication machinery.

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