LABOUR COURTS (PRACTICE AND
PROCEDURE) RULES, 1975
PREAMBLE
In exercise of the
powers conferred under Section 44 of the Maharashtra Recognition of Trade
Unions and Prevention of Unfair Labour Practices Act, 1971 (Maharashtra Act No.
I of 1972), the Industrial Court has framed the following rules for the
practice and procedure of Labour Courts:
CHAPTER I GENERAL
Rule - 1.
These rules may be called "the Labour
Courts (Practice and Procedure) Rules, 1975".
In these rules unless there is anything
repugnant in the subject or context-
(a)
'Act'
means Maharashtra Act I of 1972;
(b)
'Advocate'
means a person who is qualified to be enrolled as an Advocate under the
Advocate's Act and enrolled as such;
(c)
'Order
sheet' (Roznama) includes the record made by the Presiding Officer of the Court
or under the instructions of the Presiding Officers regarding the hearing, the
interim orders passed at the hearing, and any directions for compliance given
by the Presiding Officer at the hearing including the dates of subsequent hearings
but it shall not include orders finally determining the dispute either wholly
or partially;
(d)
'Rule'
means the rules framed by the Industrial Court under Section 44 of the Act.
Rule - 2.
Words and expressions not defined by these
rules shall have the same meaning assigned to them under the Act or the rules
or the regulations made thereunder.
Rule - 3.
The forms set out to these rules or forms
substantially to the like effect with such variations as the circumstances of
each case may require, shall be used for all cases where the forms are
appropriate.
Rule - 4.
All the applications except those submitted
to the Court shall be presented to an officer of the Court duly authorised by
the Court to receive such applications.
Rule - 5.
Application/Complaint should not be accepted
unless it is verified. If it is verified and not barred by limitation, it
should be registered immediately. It should be scrutinised. The officer shall
examine the application and the same should be placed before the Court for orders
after registering the same. Court shall fix the date for written statement and
also the date for hearing of the application. Immediately after those orders
are passed, but not later than three days, notices will be issued to the
parties conveying the orders of the Court. Such notices shall be in Form No.8.
Rule - 5-A.
(i)
The
officer scrutinising the application or complaint shall examine and determine
whether-
(1)
it
is in accordance with the form prescribed;
(2)
it
is properly signed and duly verified;
(3)
it
has been properly stamped and in case whether stamp is necessary;
(4)
it
is within time;
(5)
the
documents in which the parties rely have been produced alongwith the list with
prescribed form and with the copies thereof and shall verify the list with the
documents produced;
(6)
the
necessary memo of appearance or authorisation as the case may be have been
filed;
(7)
the
registered address of the applicant or the complainant as the case may be has
been filed;
(8)
in
case the complaint is barred by limitation an application for condonation of
delay and affidavit in support thereof have been filed as provided under Rule
61.
(ii)
If
on verification, it is found that the application or complaint as the case may
be is not in order/or is not accompanied by the documents alongwith the list
and copy thereof, the Officer concerned shall place the matter before the Judge
who may direct the concerned party to remedy the defect or comply with any
requirements which have not been complied within a specified time.
(iii)
If
the concerned party does not comply with the directions within the prescribed
time or within such further time as the Court may grant, the Court may reject
the application or complaint as the case may be.
Rule - 6.
If an application/complaint is received by
post the officer authorised to receive such applications shall make an
endorsement on the application/complaint stating the date of receipt of such
application/complaint. The officer receiving an application/complaint by post
shall fix a date not later than 10 days for scrutiny and verification of such
applications and send an intimation of that date by a letter under certificate
of posting immediately to the applicant/complainant.
Rule - 7.
Notices to the parties may be sent either by
registered post acknowledgement due or served through bailiff, or by such
method as ordered by the Court.
Rule - 8.
The Labour Court may on getting a complaint
verified and on consideration of the allegations in the complaint order that
the complaint be sent to an Investigating Officer for inquiry and report within
the time fixed by the Court.
Rule - 9. Affidavit
(1)
An
affidavit required to be filed before the Court shall ordinarily be drawn up in
Marathi or Hindi or English. If the deponent is unable to read and understand
the contents of the affidavit, the same shall be explained to him/her in
language known by him/her and endorsement to that effect shall be made on the
affidavit by a person identifying the deponent and known to the officer before
whom the affidavit is sworn.
(2)
The
identification of the deponent shall be endorsed on the affidavit by the
officer in the following form:
Solemnly affirmed before me by
Shri...................................................... whom I personally
know/who is identified before me by Shri.........................................whom
I personally know.
Signature of the Officer
(3)
If
the affidavit drawn in a language other than Marathi, Hindi or English it shall
be accompanied by an accurate translation in English.
(4)
The
affidavit shall be sworn before an officer duly authorised in this behalf by
the Court.
(5)
Every
deponent shall pay a swearing fee of Re 1 for having the affidavit sworn and
verified before the officer authorised for the purpose.
(6)
Swearing
fee shall be paid in the form of Court fee stamps affixed to the affidavit.
(7)
The
officer authorised to swear affidavits shall maintain a register in Form 13 in
which entries shall be made regarding every affidavit sworn before the officer.
Rule - 10. Documents:
[1][(1) Every
application or complaint made to the Court under the Act or to be filed under
the Rules shall be accompanied by the documents on which the applicant, or the
complainant, as the case may be, relies alongwith a list thereof and with as
many copies of the documents and of lists as there are opposite parties. No
document shall be accepted unless accompanied by proper list of the documents
on which the parties rely.
(2) Any other
relevant document which any party wishes to produce, shall be produced on or
before the first date fixed for hearing alongwith a list thereof and with as
many copies of the documents and the list as there are opposite parties,
provided that copies of the list and the documents may not be produced for the
other parties if they have been already supplied to them and receipts
evidencing that produced.
(3) Any document not
produced as stated above, shall not except with the permission of the Court be
admissible in evidence on behalf of the party who should have produced.
(4) Nothing under
this rule shall apply to any document which is sought to be produced for the
purpose of cross-examining the witness or is handed over to the witness to
refresh his memory.
(5) If any document
is written in pencil or torn, moth-eaten or damaged in any way, a clear note to
that effect must be made in the list and such document shall be brought to
the notice of the judge by the clerk whose duty is to receive it and the Court
may if it considered desirable ask for a true copy thereof either written in
ink or typed.
(6) The list referred
to above shall be in Form 9-A.
CHAPTER II APPEARANCE
IN COURT
Rule - 11. Appearance before the LabourCourt.
A party to any proceeding, an employer, an
employee, a trade union for the members employed in an undertaking or the owner
of the undertaking or any other person impleaded to a proceeding may appear in
person or may be represented by (1) a duly authorised advocate, (2) an office
bearer of the union of which the employee is a member or (3) a member of a
recognised union duly authorised by it in writing, or (4) an officer who is a
whole time employee of the employer, authorised by such employer to represent
the employer.
Rule - 12. A party to a proceeding may enter appearance by filing a memorandum of appearance.
Any other person claiming to represent a
party to a proceeding, viz., an employer, an employee, a recognised union or a
trade union shall file authority to appear in Form 2. Memorandum of appearance
by a party shall be in Form 1.
Rule - 13.
No person claiming to represent a party to a
proceeding shall be allowed to appear or act until the authority prescribed
under Rule 12 has been filed. Such authority shall be filed at or before the
first hearing of the proceedings, and subsequently with the permission of the
Court.
Rule - 14.
A person authorised to appear shall be bound
by the directions of the Court and shall be deemed to represent the person for
whom he is authorised to appear throughout the proceedings.
Rule - 15.
Statements and acts of the representative
authorised to appear shall be binding on the persons authorising such representative
to appear in the proceedings.
Rule - 16.
A representative appearing under the
authority of another person may apply for withdrawal from appearance by an
application in writing filed before the Court. The Court may allow the
withdrawal of such person after such inquiry as may be necessary. Until
permission is granted for withdrawal of appearance a person authorised to
appear shall continue to represent the person authorising such person to
appear. Such an application for withdrawal can be filed only after service of
notice of at least one week of the proposed withdrawal on the party represented
asking that party to make its arrangement for appearance in the proceedings.
Office copy of such notice with acknowledgement shall be produced alongwith the
withdrawal application.
Rule - 17.
A member of the recognised union duly
authorised to act by it in writing to appear or act on behalf of such union in
any proceeding before the Court shall be entitled to get a certificate for
every date of attendance from the Court. Such certificate shall be in Form
No.3.
Rule - 18.
An officer of the State Government duly
authorised by the State Government to appear in any proceeding before the Court
under Section 36 of the Act, shall file the memorandum of appearance in Form-4.
Rule - 19.
The officer of the State Government duly
authorised by the State Government under Section 36 of the Act, shall give
notice of intention to appear in the proceeding before the Court in Form 5.
Rule - 20.
An Investigating Officer intending to appear
in any proceeding before the Court shall file a memorandum of appearance in
Form 6.
Rule - 21. Registered Address
A party to a proceeding or any other person
impleaded to the proceeding before the Court shall file at the time of entering
appearance address called "the registered address" at which all
communications, notices, summonses etc., may be sent. A notice or a summons or
a communication sent to such registered address or tendered at such registered
address shall be deemed to have been sent to the proper address. The registered
address shall be valid throughout the proceeding and for a period of 2 years
after the final order in the proceeding has been made. The Registered address
shall be in Form 7.
Rule - 22.
If there is a change of address the party
which has filed the original registered address shall file a fresh address
intimating the change and in the absence of any such intimation the address on
the record shall continue to be the official address of the party to which
communications may be sent.
Rule - 23.
A notice to the opponent/opponents shall be
in Form 8.
Rule - 24.
Notice to any person for appearance before
the Court shall be in Form 9.
Rule - 25.
A party desiring that a summons may be issued
to any person for appearance before the Court as a witness or for making a
statement shall make an application in writing to that effect before the Court
giving the full name and address to which the summons is to be sent.
Rule - 26.
On the Court ordering issue of summons or
notice, the party at whose instance summons or notice is to be issued shall
file within 3 days of the order process fee for issuing and service of the
summons or notice on each person at the rates specified in the annexed Table
"A".
Rule - 27.
The process fee shall be paid in the form of
Court fee stamps.
Rule - 28.
Where summons is issued to a person for
appearing as a witness before the Court, the party at whose instance summons is
issued shall deposit within week from the date of the Court's order with the officer
of the Court, daily allowance and travelling allowance at least for one day at
the rate mentioned in the annexed Table 'B' for daily allowance and travelling
allowance alongwith process fee for each witness. Such daily allowance and
travelling allowance shall be paid alongwith the process fee for issuing
summons.
Rule - 29.
The summons shall not be issued unless
process fee, daily allowance and travelling allowance as prescribed are paid
within the prescribed time or further extended time by the Court or the officer
duly authorised. The officer duly authorised may on application submitted in
that respect extend time to pay process fees, daily allowance and travelling
allowance on satisfactory grounds. Such extension shall in no case be more than
two weeks.
Rule - 30.
The Officer receiving the daily allowance and
travelling allowances shall immediately pass a receipt for the amount paid to
the party depositing the allowances in Form 10.
Rule - 31.
If the process fee and daily allowance and
travelling allowance are not paid within time fixed by the rules and the person
summoned as a witness is not served on that account the party at whose instance
the summons has been issued shall not ordinarily be entitled to an adjournment
for securing the presence of witness.
Rule - 32.
A summons may be issued for production of
documents in Form 11.
Rule - 33.
A party applying for summons for production
of documents shall make an application clearly stating the details of the
documents and relevancy thereof required to be produced by the person summoned.
On such application being allowed the party shall pay process fee for issuing
summons for production of documents as prescribed by these Rules. The party
shall furnish a spare copy of the application to be sent to the witness
alongwith the summons.
Rule - 34.
On receipt of the process fee, a summons for
production of documents shall be issued within four days from the receipt of
prescribed fees. A copy of the application for summons shall be enclosed with
the summons, which shall mention the date on which the documents are required
to be produced before the Court.
Rule - 35.
Documents including affidavits and
applications would be accepted by the Court only when copies thereof are
furnished for service on the other party/parties.
Rule - 35-A.
(1)
Any
person desiring to obtain certified copies of any records including copies of
any award, decree or order of a Labour Court may make an application in writing
to the Labour Court.
(2)
On
receipt of such application and on payment of fees for copying a document at
the rate of 50 paise per hundred words or fraction thereof, a copy of the
document shall be supplied by the Labour Court.
(3)
Urgent
certified copies of the documents may be supplied on payment of one and half
times the fees payable under Clause (2) above.
(4)
No
copy shall be granted of any notes recorded by the Court for its own use or of
any exhibit or document which the Court may consider to be confidential.
Rule - 36. Commissions:
The Court may issue commission to any person
or to the Investigating Officer for examination of witnesses on commission. The
commission shall be in Form 12.
Rule - 37.
A party may apply for examination of witness
of commissioner in writing. Whenever it is ordered that witness shall be
examined on commission the party so desiring to lead such evidence shall pay
the prescribed process fee and daily allowance and travelling allowances as the
case may be for examination of witnesses cited by it before the Commissioner or
as per rules.
Rule - 38.
Ordinarily parties will themselves produce
their witnesses to be examined on their behalf before the Commissioner. In case
of party desires a summons to be issued to a person to be examined as witness,
application may be made for issue of summons within 3 days of the order,
appointing the Commissioner of fixing the date for evidence alongwith necessary
process fee in Court fee stamps and the amount of travelling allowance and
daily allowance at least for one day. If a witness summons is not served on
account of lapses or delay in payment of the process fee or above said
allowances, the party concerned shall not ordinarily be entitled to an
adjournment for recording the evidence of such witness.
Rule - 39.
The Court may decide either to record
evidence itself or issue commission for recording evidence of witnesses.
Rule - 40.
The Court may require any fact to be proved
by affidavits and pass order to that effect.
Rule - [41.
(i)
On
an order for issuing Commission for examination for witnesses being passed, the
selection of the Commissioner shall be made by the Judge himself. Commission
which can suitably be allotted to a Junior Lawyer or representative should be
so allotted to such juniors. For this purpose a panel may be formed and fair
and equitable distribution should be made.
(ii)
Where
an order for issue of commission is passed the Judge shall after consulting the
parties or their lawyers or representatives and after taking into account the
probable length of time and execution of the commission is likely to take, fix
the initial fees of the Commissioner and direct the deposit of the same in the
Court within a specified time. The Court shall also specify which party shall
deposit such fee and wherever necessary in what proportion and within what
time. On depositing such fee within one week thereto or within the time
allotted by the Court, commission shall be issued to the person appointed as
Commissioner. If necessary the Judge may from time to time direct that any
further sum be deposited in Court by the party or parties concerned. The
Commissioner shall not accept any payment directly from the party. The fees or
the travelling allowance if any shall be drawn by them from the Court.
(iii)
The
Commissioner shall examine the witnesses as expeditiously as possible after
duly intimating the date, time and place for examination of witnesses fixed by
the Commissioner to the parties.
(iv)
When
a party fails to appear on the day and at the place and the hour fixed for
examination or fails to apply for time, the Commissioner should proceed ex
parte. He can also proceed ex parte, if he is of opinion that adjournment is
sought on frivolous or unreasonable grounds.
(v)
Whenever
the Commissioner disallows any question put to a witness, he shall record such
question and answer thereto but the same shall not be admitted as evidence
except when the Judge before whom the deposition is put in evidence so directs.
(vi)
The
Commissioner shall furnish to the parties copies of the evidence recorded from
day to day, on payment of normal charges for the same. After recording all the
evidence, the Commissioner shall within one week, forward the evidence recorded
by him alongwith his report and the bill for his fees to the Court, either by
registered post or by hand delivery on obtaining the acknowledgement for the same.
(vii)
Whenever
the witness to be examined is a resident beyond the jurisdiction of the Court,
the Commissioner shall ordinarily be addressed to the Court, within whose
jurisdiction the witness resides.
(viii)
When
a Commission is issued to a Court, the amount deposited by a party for
defraying of the expenses shall also be transmitted to the Court, to which the
commission is issued.][2]
Rule - 42.
The Commissioner shall examine the witnesses
as expeditiously as possible after duly intimating the date for examination of
witnesses fixed by the Commissioner to the parties. The Commissioner shall
furnish to the parties copies of the evidence recorded from day to day on
payment of normal charges for the same. After recording of evidence is over the
Commissioner shall within one week forward the evidence recorded by him
alongwith his report and the bill for his fees to the Court, either by
registered post or by hand delivery on obtaining acknowledgement for the same.
Order Sheets
(Roznamas)
Rule - [43.
(1)
Each
Judge shall maintain an order sheet to be called the Roznama for each
proceeding before him.
(2)
The
Roznama must clearly show the course of the proceeding from the beginning to
the end in chronological order. It must show in concise form the progress of
the proceeding from day to day. The reason for every adjournment shall be
stated. The Roznama must be a faithful, complete, and concise history of the
case and of all proceedings taken therein. It must contain a correct list and
description of the exhibits, the date of delivery of the different orders
passed in the proceedings and of any application for amendment of any order. It
must show in chronological order all proceedings, if any, subsequent to the
passing of the final order and must also contain a note of other proceeding
such as Commissioner's report, if any etc.
(3)
It
shall be the duty of the clerk attached to the Court to see that the Roznama of
each day has been properly drawn up and to place the same before the said
Presiding Judge for his signature as far as possible on the same day. Every
document admitted in evidence and exhibited must be mentioned in the
Roznama in chronological order. The description of the document and the date of
the document must also be mentioned in the Roznama. At the end of the Roznama
of each proceeding the Clerk attached to the Court shall make a note that all
Court fee stamps produced therein have been punched and must sign the note.
Rule - 44.
[*****]
Rule - 45. Adjournments.
A party to a proceeding shall comply with the
orders of the Court within the time fixed in the order. An adjournment will not
ordinarily be granted except for good and sufficient cause. If the party
requires a proceeding to be adjourned on account of his failure or default the
adjournment may be granted subject to such terms and payment of costs as the
court may order. Ordinarily cases fixed for recording evidence shall not be
adjourned merely on account of absence of some of the witnesses to be examined.
[3][(A) (i).- When a
case has been duly instituted, a notice may be issued to the respondent to
appear and answer the claim and to file the written statement of his defence,
if any, within thirty days from the date of service of notice on that
respondent:
Provided that no such notice shall be issued
when a respondent has appeared at the presentation of case and admitted the
complainant's/ applicant's claim:
Provided further that where the respondent
fails to file the written statement within the said period of thirty days, he
shall be allowed to file the same on such other day as may be specified by the
Court, for reasons to be recorded in writing, but which shall not be later than
ninety days from the date of service of notice.
(ii) Notwithstanding anything contained
hereinabove, the Court may, if sufficient cause is shown, at any stage of the
case grant time to the parties or to any of them, and may from time to time
adjourn the hearing of the case for reasons to be recorded in writing:
Provided that, no such adjournment shall be
granted more than three times to a party during hearing of the case.][4]
Rule - 46.
A party desiring adjournment of a hearing
shall apply sufficiently in advance with notice not less than 24 hours to the
opposite side.
Rule - [46-A.
The granting of adjournment is a matter
within the discretion of the Court. The Court is not ordinarily bound to grant
an adjournment and before granting, it should require reasons to be stated
unless it makes an adjournment of its own motion.
Rule - 46-B.
The Presiding Judge should be strict in
granting adjournment. Mere convenience of the lawyer or representatives or
parties is not sufficient ground for granting adjournment. Where two or
more Advocates or Representatives appear for a party in a proceeding no
adjournment should ordinarily be granted on the ground that either of them is
engaged elsewhere.
Rule - 46-C.
(1)
The
party has no right to seek an adjournment for obtaining stay merely because it
has filed an appeal or other proceedings in a superior court or elsewhere or
intends to file one.
(2)
The
Presiding Judge while granting adjournment may exercise of his discretion award
costs against the parties seeking adjournment.
Ordinarily the adjournment cost should not be
out of proportion of the claim in the proceedings, nor should they be
disproportionately low. They should be adequate to compensate the party
affected by the adjournment.
(3)
Where
the illness of a pleader or his inability to conduct the case for any reason is
put forward as a ground for adjournment, the Court shall not grant the
adjournment unless it is satisfied that the party applying for adjournment
could not have engaged another pleader in time.
(4)
Where
a witness is present in Court but a party or his pleader is not present or the
party or his pleader though present in Court is not ready to examine or cross
examine, the witness, the Court may, if it thinks fit, record the statement of
the witness and pass such orders as it thinks fit dispensing with the
examination-in-Chief or cross examination of the witness, as the case may be,
by the party or his pleader not present or not ready as aforesaid.
Explanation.- Where the evidence or a
substantial portion of the evidence of any party has already been recorded and
such party fails to appear on any day to which the hearing of the suit is
adjourned, the Court may, in its discretion, proceed with the case as if such
party were present.
(5)
When
a party applies for a process or deposits the diet money too late to allow the
witness being served in time to reach the Court on the date fixed for hearing,
no adjournment should ordinarily be granted to the parties for a second
opportunity to produce the witness. If a party fails to produce a witness whom
it has undertaken to produce on a particular date it should not be ordinarily
given a second opportunity to produce any.
(6)
After
the examination of witnesses has begun the adjournment if found necessary
should be for a day or for very short interval.
(7)
Arguments
should be heard immediately after the evidence is closed and a case, unless it
is lengthy and complicated, should not as a rule be adjourned for arguments.
After all the evidence has been adduced, if any adjournment is necessary, the
reasons should be recorded by the Presiding Judge and it should never be for a
long period. Arguments should not, except for good reasons, be heard piece-meal
and where it is found necessary to adjourn a case for the hearing of further
arguments, the adjournment should ordinarily be to the next working day.
(8)
A
case once closed and adjourned for argument should never be to be re-opened by
allowing parties to produce evidence unless for good cause clearly established
to the satisfaction of the Judge.][5]
Rule - 47.
Where a proceeding is required to be
adjourned either at the request of the parties or otherwise the order sheet
shall briefly record the reason for such adjournment.
Rule - [48.
(1)
Ordinarily
judgments, decisions and orders should be delivered immediately after the
arguments are heard and in every case within 15 days of the completion of the
arguments.
(2)
Judgments,
decisions and orders should be pronounced in open Court. If not dictated in
open Court the date on which it is to be pronounced must be notified.
(3)
Every
judgment, order or decision should be paragraphed and duly numbered.
(4)
When
a judgment or order or decision is type written every sheet shall bear the
initials of the Presiding Judge and his signature at the end alongwith his
designation.
(5)
No
addition or alteration shall be made thereto other than a clerical or
arithmetical mistake arising from accidental slips or omissions][6].
Rule - [48-A.
(1)
Every
judgment, order, decision and proceeding should be written only on foolscap
paper leaving the margin blank.
(2)
All
applications, complaints, affidavits, and other proceedings including copies of
documents presented to the Court shall be written in ink, type written or
cyclostyled fairly and legibly on foolscap paper of good quality having at
least 1/4th margin blank. Both the sides of the paper may be used provided it
does not affect the legibility of the matter. Any document not in conformity with
this will not be accepted. Wherever the proceedings is likely to be time barred
on account of the rejection of the document or where sufficient reason is shown
for so doing the document may be accepted on the party undertaking to file a
properly prepared copy thereto within a stated period.][7]
Rule - 49.
The Court may pass order regarding payment of
costs incurred by a party to be paid by the, other party. If there is no order
as to the payment of costs no party shall be entitled to recovery of costs. A party
shall ordinarily be entitled to costs for summoning witnesses, producing of
documents and adjournments but not to costs for engaging legal practitioners.
CHAPTER III RULES UNDER SECTION
24 RELATING TO NOTICE OF STRIKE OR LOCK-OUT
Rule - 50.
A union desiring that its members in an
undertaking should go on strike of any type shall give a notice in Form (9) of
the Rules to the employer of the undertaking. The notice shall be sent to the
employer by registered post A.D. No Notice shall be given in respect of the
proposed strike, unless the decision to go on such strike is affirmatively
taken by a vote in favour of going on such strike by "majority of
members" of the union who are employed in the undertaking in which it is
proposed to go on strike. Votes shall be recorded at such meeting by ballot, if
ballot is demanded.
Rule - 51.
If the members of a recognised union decide
to go on strike of any type, such decision shall be taken at a meeting of the
general body of the members of the union convened expressly for the purpose.
Notice of such meeting shall be served on every member of the union who is an
employee of the undertaking in which it is proposed to go on strike. Votes
shall be recorded at such meeting by ballot, if ballot is demanded.
Rule - 52.
For the purpose of Rule 50 "majority of
members" means majority of all the employees in the undertaking who are
validly members of the union on the date of the decision to go on strike,
whether all such members are present at the meeting or not.
Rule - 53.
The Executive Committee of a recognised union
shall maintain true and accurate minutes of the proceedings of the meeting of
the general body of the employees convened for taking decision whether the
employees should go on the proposed strike in the undertaking.
Rule - 54.
An employer desiring to commence a lock-out
shall give notice to the employees in the undertaking in Form-J of the rules.
If there is no recognised union of employees in the undertaking, the employer
who desires to commence a lock-out, the notice of the proposed lock-out shall
be affixed on usual notice Board in the language understood by majority of
employees and also in English and also shall be given to every employee in the
undertaking and also to any union of employees in the undertaking.
CHAPTER IV PROCEDURE IN
REFERENCE UNDER SECTION 25 FOR ILLEGAL STRIKE OR ILLEGAL LOCK-OUT
Rule - 55.
Reference under Section 25 of the Act shall
be made by application in Form No.14 or Form No.15 as the case may be.
Rule - 56.
Before making application under Rule 55 to
the Labour Court a copy of such application shall be served by the applicant on
the party against whom reference is to be made, and acknowledgement of receipt
of such copy shall be filed with the application, or sent by registered post
and postal receipt produced.
Rule - 57.
(1)
On
receipt of reference under Section 25 of the Act the Labour Court shall
immediately fix date of the reference, which should be as early.
as possible and shall issue notice mentioning
the date of hearing to the opposite party/parties. Such notice shall be in Form
(15-A).
(2)
Where
a reference is filed under Section 25 for the decision of Labour Court and the
employees affected are numerous persons having the same interest, the Court may
permit one or more such employees to appear and to defend the application on
behalf of all the employees so interested, in case no recognised union exists
in the concerned undertaking.
(3)
In
all cases covered by sub-rule (2), including those in which a union appears the
Labour Court shall also direct notice of the filing of the reference to be
given to all such employees at the applicant's expense either by personal
service or where from the number of employees or any other cause such service
is not reasonably practicable, by public advertisement and by causing the
notice with its translation in a regional language to be affixed by the
applicant at the entrance through which the majority of employees enter the
premises for their work. The person affixing the notice and publishing the advertisement
shall file an affidavit in the Court of his having done so. Provided that in
cases where the recognised union exists public advertisement need not be
issued. General Notice to be published shall be in Form No. 15-B.
Rule - 58.
Reference under Section 25 of the Act shall
be heard and disposed of as far as possible within one week from the receipt of
the reference, unless for good and sufficient cause it is found necessary to
extend the time for disposal of the reference.
Rule - 59.
(i)
The
decision of the Labour Court on a reference under section 25 of the Act shall
be pronounced in open Court immediately after hearing is over or on a date to
be fixed by the Court and intimated to the parties.
(ii)
A
copy of the order shall be pasted on the Court's notice board. A copy of the
order shall also be sent to such officer as may be designated by the State
Government in references made by the State Government.
CHAPTER V COMPLAINTS RELATING
TO ANY UNFAIR LABOUR PRACTICES
Rule - [60.
(1)
A
complaint regarding any unfair labour practice shall be initiated in Form 16.
(2)
In
respect of unfair labour practice complained of a concise statement of the
material facts constituting it and the date of the occurrence thereof and the
name of the person or persons or unions guilty thereof shall be specifically
and separately stated in the complaint.
(3)
Every
person or union who it is alleged is guilty of any unfair labour practice,
shall be impleaded in the complaint. The complaint must specifically and
separately disclose the unfair labour practice each such person or union is
guilty of, the specific facts constituting that unfair labour practice
in regard to the particular person or union and the date of the occurrence
of that unfair labour practice.
Rule - 61.
If a complaint under Section 28 covers any
unfair labour practice which occurred more than 90 days before the date the
complaint was filed, the complainant shall file alongwith the complaint a
separate application, for condonation of delay. That application shall disclose
separately and specifically each unfair labour practice which occurred more
than 90 days after the complaint was filed and in respect of which condonation
of delay is sought, the date of the occurrence thereof and the reasons for
condonation of delay in respect thereof. Such an application shall be supported
by an affidavit.
Rule - 62.
Complaints under Section 28(i) of the Act
shall be scrutinised by the officer of the Court authorised to receive them,
and shall place the same before the Court for orders with his remarks on the
scrutiny form within four days from the date of filing.
Rule - 63.
The Investigating Officer shall follow the
directions issued by the Labour Court and may seek further directions from the
Labour Court, if he finds such directions necessary.
Rule - 64.
On receipt of report of the Investigating
Officer under Section 28(5) of the Act the Labour Court shall hear the
complaint and shall pass such orders as the Court thinks fit.
Rule - 65.
If under Section 28(6) of the Act the Court
decides to proceed with the complaint, notice shall be issued to the Respondent
and to such other persons whose presence the Court considers necessary for full
and fair inquiry into the complaint. The notice shall be in Form 8.
Rule - 66.
The complaint shall in cases falling under
Section 28(6) of the Act pay process fee within three days of the Court's order
directing the complaint to be proceeded with Court may in proper cases extend
time to pay process fees, but in no case for more than two weeks.
Rule - 67.
On receipt of a notice except in cases
falling under Sections 38 to 43 of the Act, the person receiving the notice may
file a written statement setting out his case atleast 8 days before the date of
hearing mentioned in the notice, or within the time fixed by the Court,
whichever is earlier.
Rule - 68.
The parties shall as far as possible produce
documents sought to be relied upon alongwith complaints, applications,
initiating a proceeding and written statement. They may produce additional
documents, if any, on the first day of hearing also or within such extended
time as may be permitted by Court. Parties shall not ordinarily be allowed to
produce documents after recording of oral evidence is complete and the case is
ready for arguments, excluding arguments on preliminary points if the same are
separately submitted.
Rule - 69.
Order of the Court under Section 28(7) of the
Act shall be in writing and it shall be published by affixing a copy of the
order on the notice board of the Court. The order shall be pronounced in the
open Court on a date to be fixed by the Court for that purpose, unless the
order is dictated in open Court. The order shall bear the date on which it is
pronounced, and it shall also contain a direction as to the date from which the
order becomes enforceable. In absence of such direction the order shall be
enforceable from the date of the order.
Rule - 70.
If the Court on hearing the parties before it
decides that the presence of any other party is necessary before the Court, it
may by specific order direct such party to be impleaded as a party to the
proceeding. On such order being passed notice with a copy of such order shall
be issued to the person so impleaded. Such notice shall be in Form No. 8.
Rule - 71.
(i)
An
order under Section 28(8) of the Act shall be published by affixing a copy of
the order on the notice board of the Court, having regard to the importance of
the order. The Court may also direct that the order shall be published in the
Maharashtra Government Gazette. A copy of any such order shall be forwarded to
the Government and to the Commissioner of Labour Court, Bombay.
(ii)
A
copy of such order as specified under Rule 26(2) framed under the Act, shall
also be sent to other authorities as mentioned in that Rule.
Rule - 72.
(i)
An
application for interim relief under Section 30(2) of the Act may be filed by a
party to a proceeding before the Court, a copy of such application with
supporting affidavit shall be served on the party against whom interim relief
is claimed, if such party has appeared before the Court.
(ii)
If
the party against whom interim relief is sought has not entered appearance till
the date of the application for interim relief is filed, notice shall be issued
to that party directing it to show cause within the time mentioned in the
notice why interim relief asked for should not be granted. Notice shall also
specify the date fixed for hearing the application for interim relief. Such
notice shall be in Form 16-A.
Rule - 73.
The order for interim relief shall be pronounced
in open Court in presence of the parties on the date fixed for hearing
application for such relief or on a date fixed for delivery of the order.
Rule - 74.
The order on the application for interim
relief may be published by affixing a copy thereof on the notice board of the
Court.
Rule - 75.
[8][(1) Where in any
action filed under the Act, it is proved by affidavit or other evidence that
any of the parties to the action has committed and/or there is a reasonable
apprehension that it would commit an Unfair Labour Practice, so as to frustrate
the lawful right of the other party, the Court may, on proof of prima facie
case in favour of the concerned party, grant temporary injunction to restrain
commission of such Unfair Labour Practice and/or make such order for the
purpose of stay and preventing such apprehended Unfair Labour Practice until
the disposal of the action or until the further orders, after considering the
caveat, if any, filed by the parties.
(2) In passing any such orders, the Court will
also consider the comparative hardships which may be caused to the parties, and
also whether it would be equitable to pass any such order.
(3) Subject to Section 31, the Court will not
ordinarily grant ex parte ad-interim injunction or order:
Provided that the party seeking such ex parte
ad-interim relief should state what steps it has taken to give notice to the
other party about such application and in case when no such notice of
injunction is given or has reached the other party, to state in the Application
itself the grounds as to why it has not done so, and about the exigencies of
the matter, and in such a case, if satisfied, the Court may pass an ex-parte,
ad- interim injunction or the order, in exceptional circumstances:
Provided also that the Court shall also state
the grounds why such order is required to be passed without a hearing or
issuing advance notice to the other side.
(4) The Court passing such ad-interim ex-parte
order shall mention in the order of duration for which the Order would remain
in force, which shall not be beyond 15 days from the date of passing the order.
(5) Any party aggrieved by such an injunction
order may apply for having that the order set aside, after giving 48 hours
notice to the other party which obtained an interim relief. However, in case of
exigencies shown from the affidavit or other evidence, Court may, without
notice or without hearing the other side, stay the order which it has already
passed and also mention in the order the duration for which such a stay order
will be operative. It should also mention in that order why no notice of the
application for stay could be given to the other party].
Rule - 76.
Application for interim relief shall be
supported by affidavit relating to facts mentioned in the application.
Rule - 77.
Every application complaining against an
unfair labour practice presented to Labour Court shall state whether any
proceeding relating to the facts constituting of the alleged unfair labour
practice is pending before the State Government or a Tribunal or Labour Court
or any other authority under Industrial Law. While passing orders Court shall
take into account pendency of such proceedings.
CHAPTER VI EX-PARTE PROCEEDINGS
Rule - 78.
(i)
Alongwith
application under Section 31(2) of the Act the applicant shall file affidavit
in support of the grounds for getting the ex-parte order set aside.
(ii)
A
notice of hearing of the application for setting aside the ex parte order shall
be served on the party who is entitled to be heard. Such notice shall be in
Form 17.
Rule - 79.
The Court may under Section 31 (2) of the Act
set aside ex parte order on such terms as to costs and other conditions as it
considers necessary.
CHAPTER VII TRIAL OF OFFENCES
UNDER SECTIONS 38, 41, 47 AND 49
Rule - 80.
A complaint shall be in Form 18. The
complaint shall contain a statement of all the material facts, the date of
commission of the offence or offences alleged, the name of the person/persons
alleged to have committed the offence, the manner and extent to which the act
or omission complained of affects the complainant, and also the names and
addresses of all persons on whose evidence the complainant proposes to rely in
support of the complaint. Complaint should be presented to the Court which
shall follow the procedure under sections 200 and 202 of [9][Criminal Procedure
Code, 1974.][10]
Rule - 81.
(i)
The
complainant shall file with the complaint documents on which he seeks to rely
alongwith a properly drawn up list of such documents.
(ii)
Where
a complaint is in respect of any failure to comply with an order under section
30 (1) (b) or under section 30 (2) of the Act, the complainant shall file with
the complaint a certified copy of the order which it is alleged has not been
complied with.
Rule - 82.
(i)
After
the court passes orders on the complaint presented to it, the complaint shall
be registered and summons/notice/process shall be issued as per orders of the
Court.
(ii)
The
summons shall be in Form 18-A.
Rule - 83.
The summons shall be served either by
registered post acknowledgement due or by tendering the summons to the person
summoned to appear by or through the bailiff or by such persons as may be
specifically authorised by the Court.
Rule - 84.
Every copy of the summons or warrant of
arrest shall be accompanied by a copy of the complaint with annexures, if any,
which shall be served on the accused.
Rule - 85.
The complainant or an accused person may be
represented by an Advocate or an officer of a trade union of which the
complainant is a member or by a recognised union for the undertaking in which
the complainant is employed, or by a full time officer of the employer, or an
office bearer of an employer's association, as the case may be.
Rule - 86.
Any person appearing on behalf of the
complainant shall file his authority to appear in Form 1. Nobody shall be
allowed to appear for the complainant or an accused unless an authority in that
behalf has been filed.
Rule - 87.
Each party shall file a list of witnesses to
be examined and shall indicate which witnesses will be produced by the party
and which witnesses are required to be summoned.
Rule - 88.
Complainant as well as the accused shall
ordinarily produce his witnesses. Complainant or accused may apply for summons
if he is unable to produce his witnesses.
Rule - 89.
If any party desires the assistance of the
Court for securing the attendance of witnesses, an application will be made
issuing summons to such person giving the full name and correct address of each
witness. Such application shall be filed within 3 days from the date fixed for
recording evidence. Alongwith the application parties shall pay process fee and
daily allowance and travelling allowance as per rules. If the process fee and
daily allowance and travelling allowance is not paid in time the summons may be
issued at the risk of the party and no adjournment shall be granted if the
summons is not served on the account.
Rule - 90.
If a person duly served with a witness
summons remains absent the party at whose instance summons was issued may make
an application for warrant of arrest of such person to secure his attendance as
a witness in Form 19.
Rule - 91.
If the accused does not execute a bond or
does not appear on the date fixed, or does not obtain stay from the Industrial
Court, the order of the Labour Court granting stay shall stand vacated. Form of
Bond shall be in Form 20.
CHAPTER VIII PROCEDURE FOR MAKING
COMPLAINTS TO MAGISTRATES UNDER SEC.48(2) AND 48(3) AND FOR TAKING COGNIZANCE
OF AND REPORT OF CONTEMPT OF THE LABOUR COURT UNDER SECTION 48
Rule - 92.
In cases falling under Section 48(2) and/or
Section 48(3) of the Act, Labour Court shall record the facts that took place
in view of or in the presence of the Presiding Judge of such Court. The Court
may also record statement of any other person necessary for the proceeding
under Section 48(2) or Section 48(3) of the Act.
Rule - 93.
If the person committing offence under
Section 48 is present in the Court, the Court shall record the statement of
such person as provided by Section 313 of the Code of Criminal Procedure 1973.
Rule - 94.
If the person committing offence under
Section 48 of the Act is not present in Court, notice shall be issued to such
person calling upon him to show cause why proper action under Section 48 of the
Act should not be taken against him in view of the facts noted in notice. When
such person appears before the Court his statement as provided by Section 313
of the Code of Criminal Procedure 1973 shall be recorded. Notice shall be in
Form 21.
Rule - 95.
The Security Bond contemplated by Section
48(4) of the Act shall be in Form 20.
Rule - 96.
(a)
If
in the opinion of Court a person has committed contempt of Court under Section
48 of the Act, the Court may on its own motion or on the application by any
person, initiate proceeding under Section 48 of the Act and shall submit report
in that behalf to the Industrial Court or the High Court, as the case may be.
(b)
The
Court shall record facts constituting such contempts. The Court shall also
record the statement of the person committing contempt, if such person is
present before the Court, and statement of any other person/persons acquainted
with the relevant facts and circumstances in which the contempt was committed.
The report to be submitted to the Industrial Court or the High Court, as the case
may be, shall be accompanied by statement of facts constituting the contempt of
Court, alongwith the statements recorded by the Court, if any and such other
documents as may be relevant for such report.
(c)
In
cases falling under section 48(7) of the Act Labour Court shall hear the
parties concerned before submitting report to Industrial Court.
CHAPTER IX PROCEDURE FOR
RECOVERY OF MONEYS OF EMPLOYEES UNDER SECTION 50 OF THE ACT
Rule - 97.
(a)
An
application for recovery of money under Section 50 of the Act shall be made to
the Court which passed the order. Such application shall be in Form No.22
(b)
Application
under second proviso to Section 50 of the Act shall be accompanied by an
affidavit setting out grounds why the application under Section 50 of the Act
was not made in time.
Rule - 98.
On receiving applications for recovery notice
shall be issued to the opponent/opponents to show cause against the
application. The notice shall be in Form 23.
Rule - 99.
(i)
On
the date fixed for hearing the Court may hold such inquiry as it thinks fit,
and if the Court is satisfied that the amount sought to be recovered or part
thereof is due to the employee, certificate under section 50 of the Act shall
be issued in Form 24.
(ii)
Certificate
thus issued under Section 50 of the Act shall be entered in a register to be
maintained in Form 24.
Rule - 100.
The Collector to whom certificate under
Section 50 of the Act is issued shall intimate to the Court which issued the
certificate the progress of recovery and payment made to the party entitled to
the amount periodically, but in any case not later than every six months from
the date of receipt of the certificate.
Rule - 101.
It shall be the duty of the Clerk in-charge
of maintaining the register in Form No.25 to see that relevant entries are made
in the register about recovery as soon as information in that respect if
received from the Collector.
CHAPTER X PERIODICAL RETURNS
BY A RECOGNISED UNION
Rule - 102.
Every recognised
union shall submit return of its membership to the Industrial Court and also to
the Labour Court in whose jurisdiction the registered office of the recognised
union is located. Return shall be in Form 29. Such return shall be submitted by
registered post A.D. in January and July of every calendar year commencing from
the date of recognition of the Union as a recognised union under the Act.
Industrial Court, as well as Labour Court shall maintain year-wise file of such
returns. Immediately on receipt of such return under Section 52 of the Act
entry shall be made in the register maintained in respect of such returns.
TABLE
'A'
Fees Chargeable in
Industrial Court/Labour Court in respect of processes, etc.
|
|
|
|
Name of process, etc. |
Applications, Appeals or not |
|
|
otherwise Complaints, |
|
|
Proceedings provided for |
|
|
|
|
|
Rs. P. |
|
I. For each Summons or Notice- |
|
|
(a) To a single defendant, respondent
or |
2.00 |
|
witness. |
|
|
(b) To every additional defendant,
respon- |
1.00 |
|
dent or witness residing in the same
vil- |
|
|
lage or town or within the same |
|
|
Municipal limits if the processes be
ap- |
|
|
plied for at the same time. |
|
|
II. For every warrant- |
|
|
(a) Of arrest in respect of every
person to |
4.00 |
|
be arrested. |
|
|
|
|
Note (i)-Where a
summons or notice to a defendant or respondent is to be served by post
registered for acknowledgement, the process fee levied shall in no case be less
than the actual amount required for registration and postage.
Note (ii)-With the
sanction of the Court any party may pay the cost of proceeding by railway or
any public conveyance where such conveyance is available and in such case the
process-server shall be bound to proceed by such railway or public conveyance.
Note (iii)-No fee is
to be charged for any process issued by a Court of its own motion.
TABLE
'B'
Rules regarding
payment of Daily allowance and Travelling allowance to witnesses
(1) Rule 26 provides that
processes shall be served at the expense of the party on whose behalf they are
issued unless the Court otherwise directs and that the Court-fees chargeable
shall be paid within the time fixed by the Court.
(2) For the purpose of
payment of daily allowance, witnesses are divided into the following classes:-
Class I.-Professional
men of high position, Members of Parliament and of the State Legislatures,
large land owners and owners of big business organisation and upper grade
employees in business organisations, Corporations and Local Bodies, and Class I
Government Officials who are required to attend the Court in their private
capacity.
Class II.- Members of
local bodies, ordinary professional and businessmen; land owners other than
small farmers; junior employees in business organisation in Corporations and
Local Bodies in corresponding grades and Class II Government Officials who are
required to attend the Court in their private capacity.
Class III.- Artisans,
Clerks, Small Land Owners, Village Officers and Officers in lower grades of
Corporations, local bodies and business organisations and Class III Government
Officials who are required to attend the Court in their private capacity.
Class IV.- Labourers,
petty shop-keepers, pedlars and persons others than those in the above classes
and class IV Government Servants who are required to attend the Court in their
private capacity.
(3) The daily allowance
for the various classes should be as follows:
|
Sr. |
No. |
Class |
Revised rates (Rs.Ps.) |
|
(1) |
|
(2) |
(3) |
|
1 |
|
Class-I |
[11][150.00 |
|
2 |
|
Class-II |
130.00 |
|
3 |
|
Class-III |
115.00 |
|
4 |
|
Class-IV |
100.00] |
(4) In special cases, and
in particular where a person is being examined as an expert, the Court may
require such sums as appear reasonable to be paid to a witness. The reasons for
ordering payment of higher amounts should be recorded by the Court.
(5) Daily allowance shall
be given not only for the period of actual attendance but also for any
reasonable time spent in the journey to and from the Court, the ordinary mode
of conveyance available being taken into consideration. When the journey is
made on foot, 15 miles a day shall be reckoned as the day's journey and daily
allowance should be paid accordingly.
(6) Travelling expenses
will be granted according to the rates specified below in all cases in which
the Court deems such expenses to be reasonable having due regard to the
distance to be traversed and the position and circumstances of the witness:
(i) When the journey is by
road, the actual expenses incurred provided the same be reasonable.
(ii) When the journey is
wholly or partly by rail or steamer:
|
(a) Witness of Class I |
First Class Railway Fare. |
|
(b) Witness of Class II and Class III |
Second Class Railway Fare. |
|
(c) Witness of Class IV |
Second Class Railway Fare. |
(7) Peculiar cases not
provided for in the above rules are to be dealt with according to their own
merits and at the discretion of the Court from which daily allowance or the
travelling allowance is demanded.
(8) Witnesses produced
under warrants of arrest should receive daily allowance at the appropriate
rates specified in Rule 3 above.
(9) When Government as a
party to a case asks for a summons to one of its servants for appearance in
Court as a witness it is not required to deposit in Court anything on account
of daily allowance and travelling allowance of the witness. In no case should
any money deposited by a party for calling a Government Servant as a witness
accompany the summons.
Fees
to Chartered Accountant:
(10) The fee to be paid to
a Chartered Accountant or his qualified Assistant for each day spent in
attending a Court or in travelling for the purpose of attending a Court as a
witness shall be as specified in Columns 2 or 3 as the case may be of the
Schedule appended hereto in accordance with his professional standing for the
years as specified in Column 1 thereof:-
|
[12][SCHEDULE |
|||
|
Sr. No. |
Profession standing |
Chartered |
Qualified |
|
|
|
Accountants |
Assistants |
|
1 |
2 |
3 |
4 |
|
|
|
Rs. |
Rs. |
|
1 |
Between 0 to 5 years |
200.00 |
80.00 |
|
2 |
Between 6 to 10 years |
300.00 |
90.00 |
|
3 |
Between 11 to 15 years |
400.00 |
100.00 |
|
4 |
More than 15 years |
500.00 |
110.00] |
Note: (1) The expression
"expert evidence" includes evidence which an accountant is called
upon to give by virtue of his having conducted audits or investigation.
(2) Chartered
Accountants or their qualified Assistants should not ordinarily be summoned
except when their evidence is absolutely necessary. Whenever they are required
in Courts as Witnesses they should not, as far as possible, be asked to be
present on days on which their evidence is not likely to be recorded.
(11) When the hearing of a
case is adjourned to a future day and a party requires the re-attendance on
that day of a witness present in Court, whether summoned or brought by a party
to give evidence, such witness, before leaving the Court, may, on the motion of
the party be served with a order of re-attendance provided that the party pays
immediately his travelling and other expenses for re-attendance.
(12) A witness who has
been summoned and who has been ordered to re-attend may be required to give
security.
[13][TABLE C
Rates
of Registration Charges
(I) In case of Application, reference, complaint, appeal or, as the case may
be, revision application filed under the Maharashtra Recognition of Trade Unions
and Prevention of Unfair Labour Practices Act, 1971,
(a) Application to the
Labour Court under Section 25,-
(i) by the employer for
declaration that the strike is illegal.- Two Hundred Fifty rupees.
(ii) by a recognised union
for declaration that the lock-out is illegal.-One Hundred rupees.
(b) Complaint under
section 28 to the Labour Court with reference to Item 1 of Schedule IV to the
Act,
(i) by any union.-Fifty
rupees.
(ii) by any
employee.-Twenty rupees.
(c) Complaint to the
Industrial Court under Section 28 regarding any item in Schedule II or III or
IV to the Act.-Fifty rupees.
(i) When by any
union.-Fifty rupees.
(ii) by any
employee.-Twenty rupees.
(d) appeal under section
42 and revision under section 44 to the Industrial Court.-Fifty rupees.
(e) application filed
under section 50.-Twenty rupees.
(f) other miscellaneous
matters not provided in the Act or not recovered by any of the above
entries.-Twenty rupees.
(II) In case of application or reference under the Industrial Disputes Act,
1947,
(a) under section
2(k).-Two Hundred and Fifty rupees.
(b) to the Labour Court
under section 2-A in any dispute or difference between workman and his employer
connected with or arising out of discharge, dismissal, retrenchment or
termination of the workman.-Fifty rupees.
(c) regarding any strikes
and lock-outs to the Labour Court under section 24.-One Hundred rupees.
(d) during the
conciliation proceedings under sections 33.-Fifty rupees.
(e) in any other
miscellaneous case other than referred above.-Twenty rupees.
(III) in case of Application or Reference, under the Bombay Industrial
Relations Act, 1946.
(a) in arbitration
proceeding to the Industrial Court under sections 69, 71 and 73-A.-Two Hundred
and Fifty rupees.
(b) to the Labour Court
under section 78 read with section 79.- Fifty rupees.
(c) appeals filed to the
Industrial Court under section 84 or revision applications filed under section
85.-Fifty rupees.
(d) in any other
miscellaneous case other than those specified above.-Twenty rupees.
(IV) In case of a Claim or reference, under the section 6A of the Bombay
Labour Welfare Fund Act, 1953.-Twenty rupees.
(V) In case of an Application or reference, under the Payment of Gratuity
Act, 1971.-Twenty
rupees.
(VI) In case of an Application, reference, appeal or complaint under the
Maharashtra Mathadi, Hamal and other Manual Workers (Regulation of Employment
and Welfare) Act, 1969.-Twenty rupees.
[1] Subs. vide G.N. published in MMG Pt.I-L, Dt. 28.4.77 page
3217
[2] Subs. vide G.N. published in MMG Pt.I-L, dt. 28.4.1977
page 3218.
[3] Clause 45(A)(i) and 45(A)(ii) ins. by G.N.
NO.ICM/CS/LCPPR/1295 dated 4.9.2006. MGG. Pt.I-L, dt. 7.12.2006 p. 215-218
(w.e.f. 7.12.2006)
[4] Subs. vide G.N. published in MMG Pt.I-L, dt. 28.4.1977
page 3219.
[5] Added vide G.N. published in MGG Pt.I-L, Dt. 28.4.77
page 3219.
[6] Subs. vide G.N. published in MMG Pt.I-L, dt. 28.4.77
page 3220.
[7] Subs. vide G.N. published in MMG Pt.I-L, Dt. 28.4.77
page 3220.
[8] Subs. vide G.N. Published in MGG. Pt.I-L Ext. P.906,
dt. 2.7.1992.
[9] Subs. by G.N. No.ICM/CS/LCPPR/1295 dated 4.9.2006. MGG. Pt.I-L,
dt. 7.12.2006 p.21S-218(w.e.f. 7.12.2006)
[10] Subs. vide G.N. published in MMG Pt.I-L, dt. 28.4.1977
page 3220.
[11] Subs. by G.N. No.ICM/CS/LCPPR/1295 dated 4.9.2006.
MGG. Pt.I-L, dt. 7.12.2006 p. 215-218 (w.e.f. 7.12.2006)
[12] Rates of fees in Schedule subs. by G.N.
No.ICM/CS/LCPPR/1295 dated 4.9.2006. MGG. Pt.I-L, dt. 7.12.2006 p. 215-218
(w.e.f. 7.12.2006)
[13] Table 'C' ins. by G.N. No.ICM/CS/LCPPR/1295 dated 6.9.2006. MGG.
Pt.I-L, dt. 7.12.2006 p. 215-218 (w.e.f. 7.12.2006)