THE INDUSTRIAL COURT REGULATIONS, 1975

 

PREAMBLE

The following regulations have been framed by the Industrial Court in respect of the powers conferred under Section 33 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, (Maharashtra Act No. 1 of 1972)

CHAPTER I GENERAL

Regulation - 1.

The regulations may be cited as "The Industrial Court Regulations 1975".

Regulation - 2.

(1)     In these Regulations unless repugnant to the subject or the context-

(a)      "Advocate" means a person who is qualified to be enrolled as an Advocate under the Advocates' Act and enrolled as such.

(b)      "Application" means any application in writing under any of the provisions of the Act, Rules or these Regulations.

(c)      "Commissioner" means a person appointed by the Court for examination of witnesses.

(d)      "Deponent" with reference to an affidavit means the person who signs the affidavit and also swears to the truth of the statement in the affidavit.

(e)      "Member" means a member of the Industrial Court appointed by the State Government under the Act.

(f)       "Order-Sheet" (Roznama) includes the record made by the Presiding Officer of the Court or under the instructions of the Presiding Officer regarding the hearing, the interim orders passed at the hearing, and any directions for compliance given by the Presiding Officers at the hearing including the dates of subsequent hearings, but it shall not include orders finally determining the dispute either wholly or partially.

(g)      "Prescribed" means prescribed by these regulations.

(h)     "President" means the President of the Industrial Court under the Act.

(i)       "Regulations" means the regulations framed by the Industrial Court, under Section 33 of the Act.

(j)       "Registered Address" means the address to which communications may be sent to the party according to Regulation 21.

(k)      "Rule" means the rules framed by the State Government under Section 61 of the Act and by the Industrial Court, under Section 44 of the Act.

(2)     Words and expression not defined in these regulations shall have the same meaning assigned to them under the Act or the Rules.

Regulation - 3.

The forms set out to these Regulations 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.

Regulation - 4.

All 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.

Regulation - [5.

On the application/complaint being received by the Court or by its officer, as the case may be, the Officer of the Court duly empowered in that behalf shall examine and determine whether-

(1)     it is in accordance with the form prescribed;

(2)     it is properly signed and duly verified;

(3)     it is properly stamped in case stamp is necessary;

(4)     it is within time;

(5)     the documents on which the party relies in his application or complaint have been produced along with a list thereof, in the prescribed form and shall verify the list of the documents with the documents produced and whether the copies of the documents and list have been produced.

(6)     the necessary memo of appearance or authorisation as the case may be, has been filed;

(7)     the registered address of the party has been filed; and

(8)     copies of the application/complaint documents or receipt evidencing the delivery of the same to the opponent/respondent have/has been produced][1].

Regulation - [5-A.

(a)      If on examination and verification, it is found that the application/complaint is not in order or is not accompanied by the documents along with the list and copies thereof, the Officer concerned shall place the matter before the Court which may direct the concerned party to remedy the defect or comply with the requirements which have not been complied with at specified time.

(b)      If the concerned party fails to comply with the directions within the prescribed time or within such further time as the Court, may grant the Court may reject the application/complaint as the case may be.

(c)      If on examination, the application/complaint is found to be in order it shall be registered and the Officer concerned shall make an endorsement thereon as "examined and registered" with the date and his signature.

(d)      The application or complaint as the case may be shall then be entered in the relevant register.

(e)      The application or complaint shall then be placed before the Court for orders. The Court shall then direct notices to issue in the prescribed forms.

(f)       Immediately after these orders are passed, but not later than 3 days' notice shall be issued to the opposite party in Forms Nos. 8 and SA/20, as the case may be.][2]

Regulation - 6.

An application under Sections 11, 13, 14, 15, or 18 of the Act may be sent by registered post. An application sent by post shall be accompanied by additional court-fee stamp of Rs. 5 to cover postage for communication.

Regulation - 7.

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 application and sent an intimation of that date by a letter under certificate of posting immediately to the applicant/complainant.

Regulation - 8.

Notices to the parties may be sent either by registered post acknowledgement due or served through the bailiff or by such method as ordered by the Court.

Affidavits

Regulation - 9.

(i)       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 the language known by him/her and endorsement to the effect shall be made on the affidavit by a person identifying the depondent and known to the officer before whom the affidavit is sworn.

(ii)      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.

(iii)     If the affidavit is drawn up in a language other than Marathi, Hindi shall be accompanied by an accurate translation of the affidavit in English.

(iv)    The affidavit shall be sworn before an officer duly authorised in this behalf by the Court.

(v)      Every deponent shall pay a swearing fee of Re 1 for having the affidavit sworn and verified before the officer authorised for the purpose.

(vi)    Swearing fee shall be paid in the form of Court-fee stamps affixed to the affidavit.

(vii)   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.

Documents

Regulation - [10.

(1)     (a) Every application/complaint objections shall be accompanied by the prescribed documents, if any or any other document which the applicant, complainant or opponent or respondent as the case may be wishes to rely upon along with the list thereof and as many copies of the documents and the list as there are opposite parties. Provided that copies for opposite parties may not be supplied and they have already been supplied to them and receipt evidencing the same produced.

(b) 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 which should have produced it.

(c) Nothing in this rule will 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.

(d) The list shall be in the prescribed Form 8-C (Form attached).

(2)     (a) All applications/complaints, objections, affidavits and purshis and copies thereof, as well as copies of the documents presented in Court shall be written in ink typewritten, or cyclostyled fairly and legibly on foolscap paper, leaving atleast 1/4th margin of the sheet blank. Both sides of the paper may be used provided it does not affect the legibility of the matter.

(b) Any application/complaint or objections, affidavits and purshis and copies thereof and copies of documents and lists not in conformity with this, will not be accepted. Where however the proceeding is likely to be time-barred on account of the rejection of the document, or sufficient reason is shown for so doing the document may be accepted on the party undertaking to file a properly prepared copy thereof within a stated period][3].

CHAPTER II APPEARANCE IN COURT

Regulation - 11.

Appearance before the Industrial Court.-A party to any proceeding, an employer, an employee, a trade union of the members employed in any 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. "OR (5) an officer of an association of employers of which the employer concerned is a member, provided he is duly authorised by that association".

Regulation - 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 etc., all file authority to appear in Form 2. Memorandum of appearance by a party shall be in Form 1.

Regulation - 13.

No person claiming to represent a party to a proceeding shall be allowed to appear or act until the authority prescribed under Regulation 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.

Regulation - 14.

A person authorised to appear shall be bound by the direction of the Court and be deemed to represent the person for whom he is authorised to appear throughout the proceedings.

Regulation - 15.

Statements and acts of the representative authorised to appear shall be binding on the persons authorising such representative to appear in the particular proceedings.

Regulation - 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 enquiry 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 own arrangement for appearance in the proceedings. Office copy of such notice with acknowledgement shall be produced along with the withdrawal application.

Regulation - 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.

Regulation - 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.

Regulation - 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 a proceeding before the Court in Form 5.

Regulation - 20.

An Investigating Officer intending to appear in any proceeding before the Court shall file a memorandum of appearance in Form 6.

Registered Address

Regulation - 21.

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, summons 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. Registered address shall be in Form 7.

Regulation - 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.

Regulation - 23.

(i)       A notice of the opponent/opponents of an application under Section 11 of the Act, shall be in Form 8.

(ii)      A notice to be displayed on the Notice Board of the undertaking under Section 12 of the Act, shall be in Form 8-A.

Regulation - 24.

Notice to any person for appearance before the Court shall be in Form 9.

Regulation - 25.

A party desiring that a summons may be issued to any person for appearance before the Court as a wrtness 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.

Regulation - 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.

Regulation - 27.

The process fee shall be paid in the form of Court fee stamp.

Regulation - 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 a week from the date of the Court's order, with the Registrar or a person duly authorised by him 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 along with process fees for each witness. Such daily allowance and travelling allowance shall be paid along with the process fee for issuing summons.

Regulation - 29.

The summons shall not be issued unless process fee, travelling allowance and daily allowance as prescribed is paid within the prescribed time or further extended time by the Court or the Registrar. The Registrar may on application submitted in that respect extend time to pay process fees, travelling allowance and daily allowance on satisfactory grounds. Such extension shall in no case be more than two weeks.

Regulation - 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.

Regulation - 31.

If the process fee and daily allowance and travelling allowance are not paid within time fixed by the Regulations 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.

Regulation - 32.

A summon may be issued for production of documents in Form 11.

Regulation - 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 Regulations. The applicant shall furnish a same copy of the application to be sent to the witness along with the summons.

Regulation - 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 shall be enclosed with the summons, which shall mention the date on which the documents are required to be produced before Court.

Regulation - 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.

Regulation – [35-A.

(1)     Any person desiring to obtain certified copies of any records including certified copies of any order, or decision of an Industrial Court may make an application in writing to the Industrial 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 Industrial 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 of its own use or of any exhibit or document which the Court may consider to be confidential.][4]

Commission

Regulation - 36.

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.

Regulation - 37.

(i)       A party may apply for examination of witness on commission in writing. Wherever it is ordered that witness shall be examined on commission the party 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 Regulation.

(ii)      Ordinarily parties will themselves produce their witnesses to be examined on their behalf before the Commissioner or the Court as the case may be. In case a party desires a summons to be issued to a person to be examined as a witness, application may be made for issue of summons within 3 days along with 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 lapse 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.

(iii)     The Court may decide either to record evidence itself or issue commission for recording evidence of witnesses.

(iv)    The Court may require any fact to be proved by affidavits and pass order to that effect.

Regulation - [38.

(i)       On an order for issuing commission for examination of witnesses being passed, the selection of the Commissioner shall be made by the Member himself. Commission which can suitably be allotted to a Junior Lawyer or representative should be so allotted to juniors. For this purpose a penal may be formed and fair and equitable distribution should be made.

(ii)      Where an order for issue of commission is passed the Member 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 or within the time allotted by the Court, commission shall be issued to the person appointed as Commissioner. If necessary the Member 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 him 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 him, 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 if necessary, 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 Member before whom the deposition is put in evidence so directs.

(vi)    The Commissioner shall furnish to the parties copies of the evidence recorded by him 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 along with 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 Commission 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.][5]

Order Sheets (Roznamas)

Regulation - [39.

(1)     Each Member shall maintain or cause to be maintained in each proceeding an order-sheet called "Roznama".

(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 obtain a correct list and description of the exhibits, the date of delivery of the different orders passed in the proceeding and of any application for amendment of pleadings. 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 proceedings such as Commissioner's report, if any etc.

(3)     It shall be the duty of the clerk attached to the Court to see that Roznama of each day has been properly drawn up as dictated by the Presiding Member of the Court and to place the same before the said Presiding Member for his signature as far as possible on the same day.][6]

Regulation - 40.

Every document admitted in evidence and recorded 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 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.

Regulation – 41.

(1)     The member must personally fix all the dates and should not leave the matter to the Bench Clerk. Adjournment must not be granted except for good and sufficient cause.

(2)     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 must require reasons to be stated unless it makes an adjournment of its own motion.

[7][(3) When a case has been duly instituted, a notice may be issued to 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.]

Regulation - [41-A.

(1)     The Presiding Member must be strict in granting adjournment. Mere convenience of the lawyer or representatives or party is not sufficient ground for granting adjournment. Where two or more lawyers 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.

(2)     Where the illness of a representative or his inability to conduct or 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 representatives in time.

(3)     Where a witness is present in Court but a party or his representative is not present or the party or his representative 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 representative not present or not ready as aforesaid.

Explanation.- Where the evidence or 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 matter is adjourned, the Court may in its discretion, proceed with the case as if such party were present.

Regulation - 41-B.

(1)     A party has no right of 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 Member while granting adjournment may in exercise of his discretion award cost against the parties seeking adjournment. Ordinarily the adjournment cost should not be out of proportion to the claim in the proceeding nor should they be disproportionately low. They should be adequate to compensate the party affected by the adjournment.

(3)     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 shall ordinarily be granted to the party 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 shall not ordinarily be given a second opportunity to produce any.

[8][(3) (a) (i).-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.

(ii) Costs of adjoumment.-In every such case the Court shall fix a day for the further hearing of the case, and shall make such orders as to costs occasioned by the adjournment or such higher cost as the Court deems fit:

Provided that,-

(a)      when the hearing of the case has commenced, it shall be continued day-to-day until all the witnesses in attendance have been examined, unless the Court finds that, for the exceptional reasons to be recorded by it, the adjournment of the hearing beyond the following day is necessary,

(b)      no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party,

(c)      the fact that the pleader of a party is engaged in another Court, shall not be a ground for adjournment,

(d)      where the illness of a pleader or his inability to conduct the case for any reason, other than his being engaged in another Court, 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,

(e)      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 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.]

(4)     After the examination of witnesses has begun it shall be continued from day to day. Adjournment if found necessary should be for a day or for very short interval.

(5)     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. Adjournment if necessary, shall never be for a long period. Arguments shall not, except for good reasons, be heard piecemeal and where it is found necessary to adjourn a case for the hearing of further arguments, the adjournment shall ordinarily be to the next working day.

(6)     A case once closed and adjourned for arguments shall never be permitted to be re-opened by allowing parties to produce evidence unless for good cause clearly established to the satisfaction of the Member][9].

Regulation - 42.

A party desiring adjournment of a hearing shall apply sufficiently in advance with notice not less than 24 hours to the opposite side.

Regulation - 43.

[10][Deleted].

Regulation - [44.

(1)     Ordinarily judgments, orders and decisions shall be delivered immediately after the arguments are heard and in every case within 15 days of the completion of the arguments.

(2)     Every judgment, order and decisions shall be written only on foolscap paper leaving 1/4th margin blank.

(3)     A judgment, order or decision shall be pronounced in open Court, if not dictated in open Court the date on which it is to be pronounced must be notified.

(4)     Every judgment, order and decision shall be paragraphed and duly numbered.

(5)     When a judgment or order or decision is typewritten every sheet shall bear the initials of the Presiding Member and his signature at the end along with his designation.

(6)     After a judgment or order or decision is signed no addition or alteration shall be made thereto other than a clerical or arithmetical mistake arising from accidental slips or omissions.][11]

Regulation - 45.

The Court may pass order regarding payment of cost 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 POWERS, FUNCTIONS AND DUTIES OF THE INVESTIGATING OFFICERS

Regulation - 46.

Every Investigating Officer may be allocated one or more areas in which he may exercise the powers and perform the duties.

Regulation – 47.

(i)       The Investigating Officer shall maintain a register entering therein all the 'Undertakings' with their names and addresses within the local area in the jurisdiction.

(ii)      The Register shall be in Form 14.

Regulation - 48.

Entries in the register shall be periodically checked, verified and corrected by the Investigating Officers, at least once in six months every year.

Regulation - 49.

The Investigating Officers shall keep in touch with the employer, the employees and the recognised union or other union of the undertaking within his area to find out if any unfair labour practices mentioned in Schedules II, III and IV are engaged in by any person.

Regulation - 50.

As soon as an Investigating Officer receives information about any unfair labour practice being engaged in by any person, the Investigating Officers shall visit the undertaking concerned and verify the correctness of the information by personal inquiry. If there is reason to believe that any person is engaged or has engaged in an unfair labour practice, the Investigating Officer may obtain a complaint in writing from any one affected by such unfair labour practice.

Regulation - 51.

On receipt of a complaint in writing or otherwise the Investigating Officers may proceed to make enquiries and for that purpose record statements of persons willing to give information.

Regulation - 52.

The Investigating Officer shall record in a register steps taken and progress of his inquiry on a complaint from day to day. Investigating Officers may at any time to be required to produce this register before the Court. Entries in this register shall be signed by Investigating Officers every day.

Regulation - 53.

As far as possible Investigating Officer shall hold enquiry at the premises of the undertaking or the office of the union, depending upon the subject matter to be investigated.

Regulation - 54.

The employees or employer or other persons acquainted with the acts relating to the unfair labour practice of which complaint has been made may be called upon by the Investigating Officers to attend his office for recording statements where necessary.

Regulation - 55.

If an Investigating Officer finds that person whose statement is necessary to be recorded is not attending the office, a notice shall be issued to such person by the Investigating Officers and on receipt of such notice such person shall be bound to appear before the Investigating Officers and make a statement.

Notice to appear shall be in Form 15.

Regulation - 56.

Any person whose statement has been recorded by the Investigating Officers shall be called upon to sign the statement, but before obtaining the signature the statements shall be read over or interpreted to the person making the statement and endorsement to that effect shall be made by Investigating Officers below the statement. As far as possible signature of person making the statement should be attested by some persons other than Investigating Officers. If the person making statement refuses to sign the statement Investigating Officers shall make an endorsement to that effect immediately.

Regulation - 57.

Any document produced by any person making a complaint regarding unfair labour practice or any document required to be produced by the Investigating Officers shall be received and marked by the Investigating Officers and the fact of production and the date thereof shall be noted in the date of production shall be endorsed and initialled by Investigating Officers on the document itself. As far as possible copies of original documents duly certified by the person producing the same as true copies may be kept on record unless retention of original documents or record is considered necessary by the Investigating Officer.

Regulation - 58.

The Investigating Officer is expected to complete the enquiry into an unfair labour practices as expeditiously as possible, in any case within one month of the receipt of the information relating to subject matter of the investigation or within such further time as may be allowed by the Industrial Court or the Labour Court.

Regulation - 59.

The Investigating Officers shall make an attempt to find out basic causes leading to the alleged unfair labour practice and may ascertain from each party, separately if necessary, the basis on which a settlement may be reached. The Investigating Officer may thereafter arrange a joint meeting of both the parties to explore the prospects of a settlement.

Regulation - 60.

If a settlement is reached it shall be recorded in writing and duly authenticated by each party and also by the Investigating Officers. A copy of such settlement shall be furnished to Industrial Court or Labour Court as the case may be and each party.

Regulation – 61.

(i)       If a settlement is not possible the Investigating Officer shall make a report giving facts found by him and reasons for the failure of the settlement. The report shall also state whether the investigating Officer proposes to file a complaint.

(ii)      Every Investigating Officer shall keep a separate record of any unfair labour practice brought to his notice but not covered by Schedules II, III or IV of the Act, the circumstances in which an unfair labour practice was noticed and relief which according to Investigating Officer should be available to a person adversely affected by such unfair labour practice.

(iii)     Such record shall be made in a separate register to be maintained by the Investigating Officers.

Regulation - 62.

The Investigating Officers may enter and inspect any place used for the purpose of an undertaking or any place used as the Office of any union or any premises provided by the employer for the residence of his employees at any time during working hours. If it is necessary to enter and inspect any such places or premises, outside the working hours the Investigating Officers shall give a notice to that effect to the person incharge of the place or premises and thereafter enter and inspect the premises.

Regulation - 63.

(i)       The Investigating Officer may call for and inspect any relevant document in the custody of any person production of which is considered necessary for due discharge of his duties by the Investigating Officers.

(ii)      A notice to produce document may be given by the Investigating Officers in Form 16.

Regulation - 64.

The Investigating Officers shall not disclose the particulars contained in any document or information obtained from any person if the person in whose possession the document was found or gave information so required.

Regulation – 65.

(i)       If the Investigating Officer considers it expedient or necessary to convene a meeting of the employees in an undertaking the Investigating Officers shall give a notice to that effect to the employer requiring the employer to affix a written notice for such a meeting at a conspicuous place in the premises. The notice shall be in Form 17.

(ii)      The employer to whom such a notice is sent shall be bound to display such a notice on the conspicuous place of the premises or on the usual notice board for the information of the employees in the undertaking.

(iii)     Such a notice shall specify the date, the time and the place of the meeting and the employees or category of employees covered by such notice and the purpose for which the meeting has been convened.

Regulation - 66.

The Investigating Officer may call for and inspect any document in possession of the employer of an undertaking or employees of the undertaking or any union whose members are employees in that undertaking if he has reasonable ground for considering such document to be relevant for any inquiry under Act.

Regulation - 67.

The Investigating Officers may call upon any trade union which claims membership of the employees of the undertaking to produce register of members and such other documents as may be necessary for verification of membership of the employees of the Union.

Regulation - 68.

The Investigating Officers may issue a notice in Form 16 to any person having documents alleged to be containing information in respect of membership of the employees of a union to produce such documents before the Investigating Officers within a time to be fixed in the notice. Any person to whom such notice is issued shall be bound to produce the document within the time fixed in the notice or within such other time as may be extended by the Investigating Officers.

Regulation - 69.

If a meeting of the employees is convened by the Investigating Officers in the premises of the undertaking or at some other place, the Investigating Officers shall keep a brief record of the proceeding of such meeting, the number of employees present at such a meeting and the decisions, if any, arrived at such a meeting.

Regulation - 70.

If the Investigating Officers so requires a person to whom notice is issued for production of any document shall be bound to tender the document in original or a true copy of such document for being used by the Investigating Officers against a receipt for such document. The receipt shall be in Form 18.

Regulation - 71.

The Investigating Officers shall be bound to carry out the orders of Industrial Court or Labour Court and perform such other duties as may be assigned by such Court/Courts.

Regulation - 72.

If the Investigating Officer in his discretion decides to appear in any proceeding under the Act before the Industrial Court or the Labour Court the Investigating officer shall make a brief record of the reasons why the Investigating Officers decide to appear in any proceedings under the Act and shall produce the same before the Court.

The Investigating Officer may be directed by the Industrial Court or Labour Court to appear in any proceeding in which it is necessary to make enquiry into complaint of an alleged unfair labour practice or otherwise to assist the Court.

CHAPTER IV APPLICATIONS IN THE MATTER OF RECOGNITION OF TRADE UNIONS

Regulation - 73.

Every application in connection with recognition of a trade union shall contain all the necessary information as indicated by the appropriate prescribed form, and such additional information as in the opinion of the applicant may be necessary; and it shall be verified in the same manner as a pleading in a Civil Suit.

Regulation - [74.

and 

Regulation - 75.

Deleted][12]

Regulation - 76.

Every application under Sections 11, 13, 14, 15 or 18 shall bear Court-fee of Rs. 5 affixed to the application.

Regulation - 77.

(1)     The applicant shall pay the process fee for issuing notices to the opposite party/parties along with the application or within 3 days of the presentation of petition or within the time allowed by the Court. The notice shall be in Form 8.

Court may grant time to furnish copies.

Regulation - 78.

(1)     A party to a proceeding to whom a notice is issued may file its written statement along with documents sought to be relied upon showing cause against the application, if any, at least 8 days before the date of the hearing mentioned in the notice, and shall serve on the applicant and other parties. Copy of the written statement and copies of documents produced with the written statement on or before the date of filing the same. Written statement shall be verified in the same manner as a pleading in a civil suit.

(2)     The applicant shall file along with the application as many copies of the application with annexures thereto and documents produced with the application as there are parties. On sufficient ground being shown Court may grant time to furnish copies.

Regulation - [78-A.

In case a party called upon to file written statement does not file it on the date fixed, it would not be allowed to file subsequently without special permission of the Court.][13]

Regulation - 79.

The Court will ascertain the points of dispute between the parties at the first hearing, and shall after hearing the parties ascertain whether parties desire to lead oral evidence; if so on what points after considering relevancy of such evidence in view of the rival cases put up by the parties. In case oral evidence is to be recorded, the Court may, if the evidence is likely to be voluminous, or on other grounds deemed fit by the Court, direct that witnesses may be examined on commission by a Commissioner to be appointed by the Court. The Court may appoint any person or an Investigating Officer as the Commissioner for the examination of witnesses with necessary directions to the Commissioner. These directions shall specify the points in dispute on which oral evidence is to be recorded and the time within which it is to be recorded. If it is decided to have the evidence recorded before it, the Court may fix a date for recording evidence.

Regulation - 80.

Ordinarily the parties will themselves produce their witnesses to be examined on their behalf before the Commissioner or the Court as the case may be. In case a party desires a summons to be issued to a person to be examined as a witness, application may be made for issue to summons within 3 days of the order appointing the Commissioner or fixing the date for evidence, along with necessary process fee in Court-fee stamps and the amount of travelling 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 aforesaid allowances, the party concerned shall not ordinarily be entitled to an adjournment for recording the evidence of such witness.

Regulation - 81.

The Court may decide either to record evidence itself or issue a commission for recording evidence of witnesses.

Regulation - 82.

The Court may require any fact to be proved by affidavits and pass order to that effect.

Regulation - [83.

On an order for issuing a commission for examination of witness being passed, the procedure under Reg. 38 shall be followed.][14]

Regulation - [84.

Deleted][15]

Regulation - [85.

The employer whose employees union has applied for recognition shall display on the notice board at a conspicuous place on the premises of the undertaking all notices in the proceedings together with the copies of the application, as may be directed by the Court. A notice thus displayed on the notice board of the undertaking shall be deemed to have been served on all employees employed in the undertaking. Display of every such notice shall be supported by employer's affidavit to be filed in Court within three days from the date of display.][16]

Regulation - [85-A.

If the affidavit mentioned in Regulation 80 is not filed by employer, the fact of display of the notice may be ascertained on affidavit from the applicant union.][17]

Regulation – 86.

(i)       Any person or union objecting to grant of recognition to a trade union on the ground that such union has instigated, aided or assisted the commencement or the continuance of a strike which is deemed to be illegal strike within 6 months immediately preceding the date of the application for recognition shall file along with the written statement affidavit in support of such objection giving all material facts, with necessary particulars.

(ii)      The union against whom such an objection is raised shall be given an opportunity to meet the objection in the course of the proceedings.

Regulation - [87.

Any order under Sections 12, 13, 14, 15 or 18 passed by the Industrial Court in respect of recognition of a trade union shall be pasted on the notice board of the Industrial Court. If the Industrial Court so directs, such order shall also be published in the Maharashtra Government Gazette.][18]

Regulation - 88.

All applications under Section 15 of the Act shall be supported by an affidavit in support of the facts on which recognition is sought. Such affidavit shall be filed along with the application.

Regulation - 89.

A union seeking recognition for more than one undertaking shall implead the employers of all the undertakings for which recognition is claimed and also other trade unions which have members in all such undertakings.

Regulation - 90.

Regulations under Section 23.- Any member of a recognised union authorised by such union to appear or act on behalf of that recognised union in any proceeding under this Act shall file authority in Form 2-A.

Regulation - 91.

Such authority shall be accompanied by an authentic copy of the resolution of the Executive Committee of the recognised union authorising such member to appear or act on behalf of the recognised union. Such authority shall be in Form 2-A.

Regulation - 92.

A resolution authorising a member of the union to appear or act on behalf of the union shall state clearly the authorities under the Act before which the member is authorised to appear or act and the period for which the authorisation is to be in force.

Regulation - 93.

The "authority" under the Act before which a member of a union appears or acts on behalf of a recognised union in any proceeding under the Act shall issue a certificate of attendance in Form 2 to such member. This certificate shall state the date or dates on which the member appeared before the authority, the number of the case and names of parties to the proceeding.

Regulation - 94.

Whenever a member of a recognised union appears or acts on behalf of the union before any authority under the Act, the fact of appearance of such member with his full name shall be mentioned in the ordersheet.

CHAPTER V REGULATIONS UNDER SECTION 24 RELATING TO NOTICE OF STRIKE OR LOCK-OUT

Regulation - 95.

A union desiring that its members in an undertaking should go on strike of any type shall give a notice in Form 1 of the rules to the employer of the undertaking. 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.

Regulation - 96.

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 that 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.

Regulation - 97.

For the purpose of Regulation 95 "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.

Regulation - 98.

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.

Regulation - 99.

An employer desiring to commence a lock-out shall give notice to the employees in the undertaking, in Form-J of rules. If there is no recognised union of employees in the undertaking, the employer of which desires to commence a lock-out, the notice of the proposed lock-out shall be given to every employee in the undertaking and also to any union of employees in the undertaking.

CHAPTER VI COMPLAINTS RELATING TO ANY UNFAIR LABOUR PRACTICES

Regulation - 100.

(1)     A complaint regarding any unfair labour practice shall be initiated in Form 19.

(2)     Regarding each unfair labour practice complained of concise statement of the material facts constituting it and the date of the occurrence thereof and the name of the person or persons 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.

Regulation - 101.

If a complaint under Section 28(i) covers any unfair labour practice which occurred more than 90 days before the complaint was filed, the complainant shall file along with 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 before 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.

Regulation - 102.

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.

Regulation - 103.

The I.O. shall follow the directions issued by the Industrial Court and may seek further directions from the Industrial Court, if he finds such directions necessary.

Regulation - 104.

On receipt of the report of the I.O. under Section 28(5) of the Act, the Industrial Court shall hear the complainant and shall pass such orders as the Court thinks fit.

Regulation - 105.

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 20.

Regulation - 106.

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.

Regulation - 107.

On receipt of a notice except in cases falling under Sections 38 to 43 of the Act, the person receiving such notice may file a written statement setting out his case at least 8 days before the date of hearing mentioned in the notice, or within the time fixed by the Court, whichever earlier.

Regulation - 108.

The parties shall as far as possible produce documents sought to be relied upon along with their respective statement of cases submitted in writing i.e., complaints, applications, initiating a proceeding and written statements. They may produce additional documents, if any, on the first date 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.

Regulation - 109.

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 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.

Regulation - 110.

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. 9.

Regulation - 111.

(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 the 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.

Regulation - 112.

(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 relief is sought has not entered appearance till the date of the application for interim relief is filed, notice shall be issued by interim relief asked for should not be granted. Notice shall be in Form 21.

Regulation - 113.

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.

Regulation - 114.

The order on the application for interim relief may be published by affixing a copy thereof on the notice board of the Court.

Regulation - 115.

[19][(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, adinterim 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].

Regulation - 116.

An application for interim relief shall be supported by an affidavit relating to facts mentioned in the application.

Regulation - 117.

Every application complaining against an unfair labour practice presented to Industrial Court shall state whether any proceeding relating to the facts constituting 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 VII EX-PARTE PROCEEDINGS

Regulation - 118.

(i)       Along with 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 22.

Regulation - 119.

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 VIII FORMATION OF BENCHES

[Regulations under Section 33(2)]

Regulation - 120.

Subject to the provisions of Section 33 of the Act the President of the Industrial Court may from time to time constitute Benches consisting of one or more members to decide any of the matters required to be decided by the Industrial Court under the Act. A Bench so constituted shall have jurisdiction and powers vested in the Industrial Court under the Act. The President shall assign matters under the Act to the various Benches constituted by him under this regulation. Normally all matters under the Act will be heard by a single member of the Industrial Court unless it is found that it is necessary to constitute a Bench consisting of more than one member.

Regulation - 121.

The President may by special or general order constitute a Bench consisting of one or more members to function at any place other than the place at which the Court ordinarily functions within the State of Maharashtra and may assign to such Bench any of the matters required to be decided by the Industrial Court.

Regulation - 122.

Where a Bench is constituted the President may at any time transfer any matter or matters from a Bench so constituted to any other Bench of one or more members and the Bench so constituted may proceed with the matter either de novo or at the state at which it last heard by the Bench from which the matter was transferred.

Regulation - 123.

The Court may with the consent of the parties act notwithstanding any vacancy owing to the absence of a member if the Bench consists of more than one member and no act, proceeding or determination of such Court shall be called in question by reason of a vacancy or absence.

Regulation - 124.

Any Bench of one or more members of the Court may refer a question of sufficient importance for consideration by a Full Bench of the Court, the President may constitute a Bench of three or more members on such a reference for disposal of the matter.

Regulation - 125.

A Bench constituted under the above Regulations may hold its sittings at such place or places as the President may direct.

CHAPTER IX APPEALS (SECTION 42)

Regulation – 126.

(i)       The memorandum of appeal under Section 42 of the Act shall be presented to the officer appointed in this behalf by the Industrial Court. Such officer shall examine the appeal memo to ascertain whether it is in order and shall place the same before Court, along with scrutiny memo, for orders.

(ii)      A memorandum of appeal under Section 42 of the Act shall be accompanied by a certified copy of the order appealed from. The appellant shall file as many copies of the memorandum of appeal as the respondents to the appeal and one additional copy.

(iii)     Application for bail or stay of execution of the order appealed from shall be accompanied by affidavit in support of the grounds on which relief asked for is based.

Regulation - 127.

The Industrial Court may after hearing the appellant or his Counsel grant stay of execution of the order under appeal on such terms as the Court deems fit and direct notice to the opposite party to show cause within the name mentioned in the notice by ex parte order already passed should not be confirmed or why stay as prayed for should not be granted.

Regulation - 128.

If the Industrial Court grants stay, a copy of the order granting stay shall be sent to the Labour Court against whose order the appeal is filed.

Regulation - 129.

If appeal is filed beyond the period provided by Section 42(2) of the Act the appellant shall file application stating the reasons for delay. Such application shall be supported by an affidavit.

Regulation - 130.

If the Industrial Court admits the appeal, after condoning the delay, if any, the Court shall direct that notice of admission of appeal shall be issued to the opposite party, and shall also send intimation of admission of appeal to the Labour Court. The notice shall be in Form No. 23.

CHAPTER X TRANSFER OF PROCEEDING

(Section 45 of the Act)

Regulation - 131.

The Industrial Court may withdraw a proceeding under this Act pending before a Labour Court and transfer it to another Labour Court by an order in writing. A copy of such order shall be sent to the Labour Courts concerned.

Regulation - 132.

A party to a proceeding under the Act pending before a Labour Court may present an application to the Industrial Court for transfer of such proceeding to another Labour Court. Such application shall be supported by an affidavit to be produced with the application stating fully the grounds on which transfer is sought. On receipt of application for transfer, the Industrial Court may call for report from the Labour Court from which transfer of the proceeding is sought.

Regulation - 133.

An application for transfer of a proceeding pending before a Labour Court to another Labour Court shall not by itself operate as a stay of such proceeding.

Regulation - 134.

A party to a proceeding under the Act before a Labour Court who has applied for transfer of that proceeding may apply to the Industrial Court for stay of proceeding pending before the Labour Court. Such application shall be accompanied by affidavit in support of the grounds for stay. The Industrial Court may in a proper case order stay of such proceedings. If a party applying for transfer lies secured an ex parte order for stay of proceeding pending before the Labour Court, the opposite party may move the Industrial Court for vacating the ex parte order granting stay or for its continuance on terms on giving at least forty-eight hours notice to the party who has obtained stay.

CHAPTER XI PROCEDURE REGARDING COMPLAINT TO MAGISTRATE FOR OFFENCES UNDER SECTIONS 48(2) AND 48(3) AND FOR TAKING COGNISANCE OF REPORT OF CONTEMPT OF THE INDUSTRIAL COURT UNDER SECTION 48

Regulation - 135.

In cases falling under Section 48(2) and/or 48(3) of the Act the Industrial 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.

Regulation - 136.

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.

Regulation - 137.

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 the 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 27.

Regulation - 138.

The Security Bond contemplated by Section 48(4) of the Act shall be in Form 27(A) and 27(B).

Regulation - 139.

(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 a report from a Labour Court 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 High Court, along with the statement recorded by the Court, if any, and such other documents as may be relevant for such report.

(c)      If the Industrial Court finds on receipt of the report by a Labour Court under Section 48(7) of the Act that it is expedient to submit report to the High Court, the Industrial Court may submit a report to the High Court, along with the documents received from the Labour Court.

(d)      The Industrial Court may in its discretion hear the parties concerned in cases under Section 48(7) of the Act before submitting report to the High Court.

(e)      The Industrial Court shall hear the parties concerned before submitting report to the High Court under Section 48(6) of the Act.

CHAPTER XII PROCEDURE FOR RECOVERY OF MONEY OF THE EMPLOYEES UNDER SECTION 50 OF THE ACT

Regulation – 140.

(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. 24.

(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.

Regulation - 141.

On all applications for recovery notice shall be issued to the opponent/ opponents to show cause against the application. The notice shall be in Form 24-A.

Regulation - 142.

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 No. 25.

Regulation - 143.

Certificate thus issued under Section 50 of the Act shall be entered in a register to be maintained in Form No. 26.

Regulation - 144.

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.

Regulation - 145.

It shall be the duty of the Clerk incharge of maintaining the register in Form 26 to see the relevant entries are made in the register about recovery as soon as information in that behalf is received from the Collector.

CHAPTER XIII PERIODICAL RETURNS BY A RECOGNISED UNION

Regulation - 146.

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 28. 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.

CHAPTER XIV MISCELLANEOUS

Regulation – 147.

(i)       The Industrial Court may keep a separate record of unfair labour practices not covered by the relevant Schedules to the Act brought to its notice in the course of any proceeding under the Act.

(ii)      Such record shall show the nature of the unfair labour practice, the number of the case in which such unfair labour practice was brought to the notice of the Court, the date of decision of that case, and the nature of the relief that the Court considers proper to be given to any person affected by such unfair labour practice.

(iii)     Any member of the Industrial Court shall submit a report about such unscheduled unfair labour practices brought to his notice to the President of the Industrial Court to enable him to move the State Government to take necessary action under Section 53 of the Act.

(iv)    President, Industrial Court shall report to the State Government such unscheduled unfair labour practices that come to his notice or are brought to his notice in July and January every year along with his views in respect of such unfair labour practices and also suggesting appropriate relief that may be awarded to persons affected, so that the Government may, if it thinks proper to do so, suitably amend the Schedules to the Act.

 

TABLE 'A'

Fees Chargeable in Industrial Court/Labour Court in respect of processes, etc.

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 convenience where such 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)     Regulation 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:

(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 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:-

(7)     Peculiar cases not provided for in the above rules are to be dealt with according to their own merits and if 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 asked 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 I thereof:-

 

[21][SCHEDULE

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.

 

[22]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 section 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.

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THE INDUSTRIAL COURT REGULATIONS, 1975

 

PREAMBLE

The following regulations have been framed by the Industrial Court in respect of the powers conferred under Section 33 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, (Maharashtra Act No. 1 of 1972)

CHAPTER I GENERAL

Regulation - 1.

The regulations may be cited as "The Industrial Court Regulations 1975".

Regulation - 2.

(1)     In these Regulations unless repugnant to the subject or the context-

(a)      "Advocate" means a person who is qualified to be enrolled as an Advocate under the Advocates' Act and enrolled as such.

(b)      "Application" means any application in writing under any of the provisions of the Act, Rules or these Regulations.

(c)      "Commissioner" means a person appointed by the Court for examination of witnesses.

(d)      "Deponent" with reference to an affidavit means the person who signs the affidavit and also swears to the truth of the statement in the affidavit.

(e)      "Member" means a member of the Industrial Court appointed by the State Government under the Act.

(f)       "Order-Sheet" (Roznama) includes the record made by the Presiding Officer of the Court or under the instructions of the Presiding Officer regarding the hearing, the interim orders passed at the hearing, and any directions for compliance given by the Presiding Officers at the hearing including the dates of subsequent hearings, but it shall not include orders finally determining the dispute either wholly or partially.

(g)      "Prescribed" means prescribed by these regulations.

(h)     "President" means the President of the Industrial Court under the Act.

(i)       "Regulations" means the regulations framed by the Industrial Court, under Section 33 of the Act.

(j)       "Registered Address" means the address to which communications may be sent to the party according to Regulation 21.

(k)      "Rule" means the rules framed by the State Government under Section 61 of the Act and by the Industrial Court, under Section 44 of the Act.

(2)     Words and expression not defined in these regulations shall have the same meaning assigned to them under the Act or the Rules.

Regulation - 3.

The forms set out to these Regulations 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.

Regulation - 4.

All 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.

Regulation - [5.

On the application/complaint being received by the Court or by its officer, as the case may be, the Officer of the Court duly empowered in that behalf shall examine and determine whether-

(1)     it is in accordance with the form prescribed;

(2)     it is properly signed and duly verified;

(3)     it is properly stamped in case stamp is necessary;

(4)     it is within time;

(5)     the documents on which the party relies in his application or complaint have been produced along with a list thereof, in the prescribed form and shall verify the list of the documents with the documents produced and whether the copies of the documents and list have been produced.

(6)     the necessary memo of appearance or authorisation as the case may be, has been filed;

(7)     the registered address of the party has been filed; and

(8)     copies of the application/complaint documents or receipt evidencing the delivery of the same to the opponent/respondent have/has been produced][1].

Regulation - [5-A.

(a)      If on examination and verification, it is found that the application/complaint is not in order or is not accompanied by the documents along with the list and copies thereof, the Officer concerned shall place the matter before the Court which may direct the concerned party to remedy the defect or comply with the requirements which have not been complied with at specified time.

(b)      If the concerned party fails to comply with the directions within the prescribed time or within such further time as the Court, may grant the Court may reject the application/complaint as the case may be.

(c)      If on examination, the application/complaint is found to be in order it shall be registered and the Officer concerned shall make an endorsement thereon as "examined and registered" with the date and his signature.

(d)      The application or complaint as the case may be shall then be entered in the relevant register.

(e)      The application or complaint shall then be placed before the Court for orders. The Court shall then direct notices to issue in the prescribed forms.

(f)       Immediately after these orders are passed, but not later than 3 days' notice shall be issued to the opposite party in Forms Nos. 8 and SA/20, as the case may be.][2]

Regulation - 6.

An application under Sections 11, 13, 14, 15, or 18 of the Act may be sent by registered post. An application sent by post shall be accompanied by additional court-fee stamp of Rs. 5 to cover postage for communication.

Regulation - 7.

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 application and sent an intimation of that date by a letter under certificate of posting immediately to the applicant/complainant.

Regulation - 8.

Notices to the parties may be sent either by registered post acknowledgement due or served through the bailiff or by such method as ordered by the Court.

Affidavits

Regulation - 9.

(i)       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 the language known by him/her and endorsement to the effect shall be made on the affidavit by a person identifying the depondent and known to the officer before whom the affidavit is sworn.

(ii)      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.

(iii)     If the affidavit is drawn up in a language other than Marathi, Hindi shall be accompanied by an accurate translation of the affidavit in English.

(iv)    The affidavit shall be sworn before an officer duly authorised in this behalf by the Court.

(v)      Every deponent shall pay a swearing fee of Re 1 for having the affidavit sworn and verified before the officer authorised for the purpose.

(vi)    Swearing fee shall be paid in the form of Court-fee stamps affixed to the affidavit.

(vii)   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.

Documents

Regulation - [10.

(1)     (a) Every application/complaint objections shall be accompanied by the prescribed documents, if any or any other document which the applicant, complainant or opponent or respondent as the case may be wishes to rely upon along with the list thereof and as many copies of the documents and the list as there are opposite parties. Provided that copies for opposite parties may not be supplied and they have already been supplied to them and receipt evidencing the same produced.

(b) 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 which should have produced it.

(c) Nothing in this rule will 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.

(d) The list shall be in the prescribed Form 8-C (Form attached).

(2)     (a) All applications/complaints, objections, affidavits and purshis and copies thereof, as well as copies of the documents presented in Court shall be written in ink typewritten, or cyclostyled fairly and legibly on foolscap paper, leaving atleast 1/4th margin of the sheet blank. Both sides of the paper may be used provided it does not affect the legibility of the matter.

(b) Any application/complaint or objections, affidavits and purshis and copies thereof and copies of documents and lists not in conformity with this, will not be accepted. Where however the proceeding is likely to be time-barred on account of the rejection of the document, or sufficient reason is shown for so doing the document may be accepted on the party undertaking to file a properly prepared copy thereof within a stated period][3].

CHAPTER II APPEARANCE IN COURT

Regulation - 11.

Appearance before the Industrial Court.-A party to any proceeding, an employer, an employee, a trade union of the members employed in any 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. "OR (5) an officer of an association of employers of which the employer concerned is a member, provided he is duly authorised by that association".

Regulation - 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 etc., all file authority to appear in Form 2. Memorandum of appearance by a party shall be in Form 1.

Regulation - 13.

No person claiming to represent a party to a proceeding shall be allowed to appear or act until the authority prescribed under Regulation 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.

Regulation - 14.

A person authorised to appear shall be bound by the direction of the Court and be deemed to represent the person for whom he is authorised to appear throughout the proceedings.

Regulation - 15.

Statements and acts of the representative authorised to appear shall be binding on the persons authorising such representative to appear in the particular proceedings.

Regulation - 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 enquiry 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 own arrangement for appearance in the proceedings. Office copy of such notice with acknowledgement shall be produced along with the withdrawal application.

Regulation - 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.

Regulation - 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.

Regulation - 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 a proceeding before the Court in Form 5.

Regulation - 20.

An Investigating Officer intending to appear in any proceeding before the Court shall file a memorandum of appearance in Form 6.

Registered Address

Regulation - 21.

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, summons 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. Registered address shall be in Form 7.

Regulation - 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.

Regulation - 23.

(i)       A notice of the opponent/opponents of an application under Section 11 of the Act, shall be in Form 8.

(ii)      A notice to be displayed on the Notice Board of the undertaking under Section 12 of the Act, shall be in Form 8-A.

Regulation - 24.

Notice to any person for appearance before the Court shall be in Form 9.

Regulation - 25.

A party desiring that a summons may be issued to any person for appearance before the Court as a wrtness 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.

Regulation - 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.

Regulation - 27.

The process fee shall be paid in the form of Court fee stamp.

Regulation - 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 a week from the date of the Court's order, with the Registrar or a person duly authorised by him 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 along with process fees for each witness. Such daily allowance and travelling allowance shall be paid along with the process fee for issuing summons.

Regulation - 29.

The summons shall not be issued unless process fee, travelling allowance and daily allowance as prescribed is paid within the prescribed time or further extended time by the Court or the Registrar. The Registrar may on application submitted in that respect extend time to pay process fees, travelling allowance and daily allowance on satisfactory grounds. Such extension shall in no case be more than two weeks.

Regulation - 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.

Regulation - 31.

If the process fee and daily allowance and travelling allowance are not paid within time fixed by the Regulations 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.

Regulation - 32.

A summon may be issued for production of documents in Form 11.

Regulation - 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 Regulations. The applicant shall furnish a same copy of the application to be sent to the witness along with the summons.

Regulation - 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 shall be enclosed with the summons, which shall mention the date on which the documents are required to be produced before Court.

Regulation - 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.

Regulation – [35-A.

(1)     Any person desiring to obtain certified copies of any records including certified copies of any order, or decision of an Industrial Court may make an application in writing to the Industrial 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 Industrial 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 of its own use or of any exhibit or document which the Court may consider to be confidential.][4]

Commission

Regulation - 36.

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.

Regulation - 37.

(i)       A party may apply for examination of witness on commission in writing. Wherever it is ordered that witness shall be examined on commission the party 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 Regulation.

(ii)      Ordinarily parties will themselves produce their witnesses to be examined on their behalf before the Commissioner or the Court as the case may be. In case a party desires a summons to be issued to a person to be examined as a witness, application may be made for issue of summons within 3 days along with 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 lapse 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.

(iii)     The Court may decide either to record evidence itself or issue commission for recording evidence of witnesses.

(iv)    The Court may require any fact to be proved by affidavits and pass order to that effect.

Regulation - [38.

(i)       On an order for issuing commission for examination of witnesses being passed, the selection of the Commissioner shall be made by the Member himself. Commission which can suitably be allotted to a Junior Lawyer or representative should be so allotted to juniors. For this purpose a penal may be formed and fair and equitable distribution should be made.

(ii)      Where an order for issue of commission is passed the Member 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 or within the time allotted by the Court, commission shall be issued to the person appointed as Commissioner. If necessary the Member 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 him 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 him, 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 if necessary, 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 Member before whom the deposition is put in evidence so directs.

(vi)    The Commissioner shall furnish to the parties copies of the evidence recorded by him 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 along with 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 Commission 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.][5]

Order Sheets (Roznamas)

Regulation - [39.

(1)     Each Member shall maintain or cause to be maintained in each proceeding an order-sheet called "Roznama".

(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 obtain a correct list and description of the exhibits, the date of delivery of the different orders passed in the proceeding and of any application for amendment of pleadings. 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 proceedings such as Commissioner's report, if any etc.

(3)     It shall be the duty of the clerk attached to the Court to see that Roznama of each day has been properly drawn up as dictated by the Presiding Member of the Court and to place the same before the said Presiding Member for his signature as far as possible on the same day.][6]

Regulation - 40.

Every document admitted in evidence and recorded 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 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.

Regulation – 41.

(1)     The member must personally fix all the dates and should not leave the matter to the Bench Clerk. Adjournment must not be granted except for good and sufficient cause.

(2)     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 must require reasons to be stated unless it makes an adjournment of its own motion.

[7][(3) When a case has been duly instituted, a notice may be issued to 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.]

Regulation - [41-A.

(1)     The Presiding Member must be strict in granting adjournment. Mere convenience of the lawyer or representatives or party is not sufficient ground for granting adjournment. Where two or more lawyers 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.

(2)     Where the illness of a representative or his inability to conduct or 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 representatives in time.

(3)     Where a witness is present in Court but a party or his representative is not present or the party or his representative 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 representative not present or not ready as aforesaid.

Explanation.- Where the evidence or 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 matter is adjourned, the Court may in its discretion, proceed with the case as if such party were present.

Regulation - 41-B.

(1)     A party has no right of 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 Member while granting adjournment may in exercise of his discretion award cost against the parties seeking adjournment. Ordinarily the adjournment cost should not be out of proportion to the claim in the proceeding nor should they be disproportionately low. They should be adequate to compensate the party affected by the adjournment.

(3)     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 shall ordinarily be granted to the party 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 shall not ordinarily be given a second opportunity to produce any.

[8][(3) (a) (i).-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.

(ii) Costs of adjoumment.-In every such case the Court shall fix a day for the further hearing of the case, and shall make such orders as to costs occasioned by the adjournment or such higher cost as the Court deems fit:

Provided that,-

(a)      when the hearing of the case has commenced, it shall be continued day-to-day until all the witnesses in attendance have been examined, unless the Court finds that, for the exceptional reasons to be recorded by it, the adjournment of the hearing beyond the following day is necessary,

(b)      no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party,

(c)      the fact that the pleader of a party is engaged in another Court, shall not be a ground for adjournment,

(d)      where the illness of a pleader or his inability to conduct the case for any reason, other than his being engaged in another Court, 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,

(e)      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 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.]

(4)     After the examination of witnesses has begun it shall be continued from day to day. Adjournment if found necessary should be for a day or for very short interval.

(5)     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. Adjournment if necessary, shall never be for a long period. Arguments shall not, except for good reasons, be heard piecemeal and where it is found necessary to adjourn a case for the hearing of further arguments, the adjournment shall ordinarily be to the next working day.

(6)     A case once closed and adjourned for arguments shall never be permitted to be re-opened by allowing parties to produce evidence unless for good cause clearly established to the satisfaction of the Member][9].

Regulation - 42.

A party desiring adjournment of a hearing shall apply sufficiently in advance with notice not less than 24 hours to the opposite side.

Regulation - 43.

[10][Deleted].

Regulation - [44.

(1)     Ordinarily judgments, orders and decisions shall be delivered immediately after the arguments are heard and in every case within 15 days of the completion of the arguments.

(2)     Every judgment, order and decisions shall be written only on foolscap paper leaving 1/4th margin blank.

(3)     A judgment, order or decision shall be pronounced in open Court, if not dictated in open Court the date on which it is to be pronounced must be notified.

(4)     Every judgment, order and decision shall be paragraphed and duly numbered.

(5)     When a judgment or order or decision is typewritten every sheet shall bear the initials of the Presiding Member and his signature at the end along with his designation.

(6)     After a judgment or order or decision is signed no addition or alteration shall be made thereto other than a clerical or arithmetical mistake arising from accidental slips or omissions.][11]

Regulation - 45.

The Court may pass order regarding payment of cost 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 POWERS, FUNCTIONS AND DUTIES OF THE INVESTIGATING OFFICERS

Regulation - 46.

Every Investigating Officer may be allocated one or more areas in which he may exercise the powers and perform the duties.

Regulation – 47.

(i)       The Investigating Officer shall maintain a register entering therein all the 'Undertakings' with their names and addresses within the local area in the jurisdiction.

(ii)      The Register shall be in Form 14.

Regulation - 48.

Entries in the register shall be periodically checked, verified and corrected by the Investigating Officers, at least once in six months every year.

Regulation - 49.

The Investigating Officers shall keep in touch with the employer, the employees and the recognised union or other union of the undertaking within his area to find out if any unfair labour practices mentioned in Schedules II, III and IV are engaged in by any person.

Regulation - 50.

As soon as an Investigating Officer receives information about any unfair labour practice being engaged in by any person, the Investigating Officers shall visit the undertaking concerned and verify the correctness of the information by personal inquiry. If there is reason to believe that any person is engaged or has engaged in an unfair labour practice, the Investigating Officer may obtain a complaint in writing from any one affected by such unfair labour practice.

Regulation - 51.

On receipt of a complaint in writing or otherwise the Investigating Officers may proceed to make enquiries and for that purpose record statements of persons willing to give information.

Regulation - 52.

The Investigating Officer shall record in a register steps taken and progress of his inquiry on a complaint from day to day. Investigating Officers may at any time to be required to produce this register before the Court. Entries in this register shall be signed by Investigating Officers every day.

Regulation - 53.

As far as possible Investigating Officer shall hold enquiry at the premises of the undertaking or the office of the union, depending upon the subject matter to be investigated.

Regulation - 54.

The employees or employer or other persons acquainted with the acts relating to the unfair labour practice of which complaint has been made may be called upon by the Investigating Officers to attend his office for recording statements where necessary.

Regulation - 55.

If an Investigating Officer finds that person whose statement is necessary to be recorded is not attending the office, a notice shall be issued to such person by the Investigating Officers and on receipt of such notice such person shall be bound to appear before the Investigating Officers and make a statement.

Notice to appear shall be in Form 15.

Regulation - 56.

Any person whose statement has been recorded by the Investigating Officers shall be called upon to sign the statement, but before obtaining the signature the statements shall be read over or interpreted to the person making the statement and endorsement to that effect shall be made by Investigating Officers below the statement. As far as possible signature of person making the statement should be attested by some persons other than Investigating Officers. If the person making statement refuses to sign the statement Investigating Officers shall make an endorsement to that effect immediately.

Regulation - 57.

Any document produced by any person making a complaint regarding unfair labour practice or any document required to be produced by the Investigating Officers shall be received and marked by the Investigating Officers and the fact of production and the date thereof shall be noted in the date of production shall be endorsed and initialled by Investigating Officers on the document itself. As far as possible copies of original documents duly certified by the person producing the same as true copies may be kept on record unless retention of original documents or record is considered necessary by the Investigating Officer.

Regulation - 58.

The Investigating Officer is expected to complete the enquiry into an unfair labour practices as expeditiously as possible, in any case within one month of the receipt of the information relating to subject matter of the investigation or within such further time as may be allowed by the Industrial Court or the Labour Court.

Regulation - 59.

The Investigating Officers shall make an attempt to find out basic causes leading to the alleged unfair labour practice and may ascertain from each party, separately if necessary, the basis on which a settlement may be reached. The Investigating Officer may thereafter arrange a joint meeting of both the parties to explore the prospects of a settlement.

Regulation - 60.

If a settlement is reached it shall be recorded in writing and duly authenticated by each party and also by the Investigating Officers. A copy of such settlement shall be furnished to Industrial Court or Labour Court as the case may be and each party.

Regulation – 61.

(i)       If a settlement is not possible the Investigating Officer shall make a report giving facts found by him and reasons for the failure of the settlement. The report shall also state whether the investigating Officer proposes to file a complaint.

(ii)      Every Investigating Officer shall keep a separate record of any unfair labour practice brought to his notice but not covered by Schedules II, III or IV of the Act, the circumstances in which an unfair labour practice was noticed and relief which according to Investigating Officer should be available to a person adversely affected by such unfair labour practice.

(iii)     Such record shall be made in a separate register to be maintained by the Investigating Officers.

Regulation - 62.

The Investigating Officers may enter and inspect any place used for the purpose of an undertaking or any place used as the Office of any union or any premises provided by the employer for the residence of his employees at any time during working hours. If it is necessary to enter and inspect any such places or premises, outside the working hours the Investigating Officers shall give a notice to that effect to the person incharge of the place or premises and thereafter enter and inspect the premises.

Regulation - 63.

(i)       The Investigating Officer may call for and inspect any relevant document in the custody of any person production of which is considered necessary for due discharge of his duties by the Investigating Officers.

(ii)      A notice to produce document may be given by the Investigating Officers in Form 16.

Regulation - 64.

The Investigating Officers shall not disclose the particulars contained in any document or information obtained from any person if the person in whose possession the document was found or gave information so required.

Regulation – 65.

(i)       If the Investigating Officer considers it expedient or necessary to convene a meeting of the employees in an undertaking the Investigating Officers shall give a notice to that effect to the employer requiring the employer to affix a written notice for such a meeting at a conspicuous place in the premises. The notice shall be in Form 17.

(ii)      The employer to whom such a notice is sent shall be bound to display such a notice on the conspicuous place of the premises or on the usual notice board for the information of the employees in the undertaking.

(iii)     Such a notice shall specify the date, the time and the place of the meeting and the employees or category of employees covered by such notice and the purpose for which the meeting has been convened.

Regulation - 66.

The Investigating Officer may call for and inspect any document in possession of the employer of an undertaking or employees of the undertaking or any union whose members are employees in that undertaking if he has reasonable ground for considering such document to be relevant for any inquiry under Act.

Regulation - 67.

The Investigating Officers may call upon any trade union which claims membership of the employees of the undertaking to produce register of members and such other documents as may be necessary for verification of membership of the employees of the Union.

Regulation - 68.

The Investigating Officers may issue a notice in Form 16 to any person having documents alleged to be containing information in respect of membership of the employees of a union to produce such documents before the Investigating Officers within a time to be fixed in the notice. Any person to whom such notice is issued shall be bound to produce the document within the time fixed in the notice or within such other time as may be extended by the Investigating Officers.

Regulation - 69.

If a meeting of the employees is convened by the Investigating Officers in the premises of the undertaking or at some other place, the Investigating Officers shall keep a brief record of the proceeding of such meeting, the number of employees present at such a meeting and the decisions, if any, arrived at such a meeting.

Regulation - 70.

If the Investigating Officers so requires a person to whom notice is issued for production of any document shall be bound to tender the document in original or a true copy of such document for being used by the Investigating Officers against a receipt for such document. The receipt shall be in Form 18.

Regulation - 71.

The Investigating Officers shall be bound to carry out the orders of Industrial Court or Labour Court and perform such other duties as may be assigned by such Court/Courts.

Regulation - 72.

If the Investigating Officer in his discretion decides to appear in any proceeding under the Act before the Industrial Court or the Labour Court the Investigating officer shall make a brief record of the reasons why the Investigating Officers decide to appear in any proceedings under the Act and shall produce the same before the Court.

The Investigating Officer may be directed by the Industrial Court or Labour Court to appear in any proceeding in which it is necessary to make enquiry into complaint of an alleged unfair labour practice or otherwise to assist the Court.

CHAPTER IV APPLICATIONS IN THE MATTER OF RECOGNITION OF TRADE UNIONS

Regulation - 73.

Every application in connection with recognition of a trade union shall contain all the necessary information as indicated by the appropriate prescribed form, and such additional information as in the opinion of the applicant may be necessary; and it shall be verified in the same manner as a pleading in a Civil Suit.

Regulation - [74.

and 

Regulation - 75.

Deleted][12]

Regulation - 76.

Every application under Sections 11, 13, 14, 15 or 18 shall bear Court-fee of Rs. 5 affixed to the application.

Regulation - 77.

(1)     The applicant shall pay the process fee for issuing notices to the opposite party/parties along with the application or within 3 days of the presentation of petition or within the time allowed by the Court. The notice shall be in Form 8.

Court may grant time to furnish copies.

Regulation - 78.

(1)     A party to a proceeding to whom a notice is issued may file its written statement along with documents sought to be relied upon showing cause against the application, if any, at least 8 days before the date of the hearing mentioned in the notice, and shall serve on the applicant and other parties. Copy of the written statement and copies of documents produced with the written statement on or before the date of filing the same. Written statement shall be verified in the same manner as a pleading in a civil suit.

(2)     The applicant shall file along with the application as many copies of the application with annexures thereto and documents produced with the application as there are parties. On sufficient ground being shown Court may grant time to furnish copies.

Regulation - [78-A.

In case a party called upon to file written statement does not file it on the date fixed, it would not be allowed to file subsequently without special permission of the Court.][13]

Regulation - 79.

The Court will ascertain the points of dispute between the parties at the first hearing, and shall after hearing the parties ascertain whether parties desire to lead oral evidence; if so on what points after considering relevancy of such evidence in view of the rival cases put up by the parties. In case oral evidence is to be recorded, the Court may, if the evidence is likely to be voluminous, or on other grounds deemed fit by the Court, direct that witnesses may be examined on commission by a Commissioner to be appointed by the Court. The Court may appoint any person or an Investigating Officer as the Commissioner for the examination of witnesses with necessary directions to the Commissioner. These directions shall specify the points in dispute on which oral evidence is to be recorded and the time within which it is to be recorded. If it is decided to have the evidence recorded before it, the Court may fix a date for recording evidence.

Regulation - 80.

Ordinarily the parties will themselves produce their witnesses to be examined on their behalf before the Commissioner or the Court as the case may be. In case a party desires a summons to be issued to a person to be examined as a witness, application may be made for issue to summons within 3 days of the order appointing the Commissioner or fixing the date for evidence, along with necessary process fee in Court-fee stamps and the amount of travelling 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 aforesaid allowances, the party concerned shall not ordinarily be entitled to an adjournment for recording the evidence of such witness.

Regulation - 81.

The Court may decide either to record evidence itself or issue a commission for recording evidence of witnesses.

Regulation - 82.

The Court may require any fact to be proved by affidavits and pass order to that effect.

Regulation - [83.

On an order for issuing a commission for examination of witness being passed, the procedure under Reg. 38 shall be followed.][14]

Regulation - [84.

Deleted][15]

Regulation - [85.

The employer whose employees union has applied for recognition shall display on the notice board at a conspicuous place on the premises of the undertaking all notices in the proceedings together with the copies of the application, as may be directed by the Court. A notice thus displayed on the notice board of the undertaking shall be deemed to have been served on all employees employed in the undertaking. Display of every such notice shall be supported by employer's affidavit to be filed in Court within three days from the date of display.][16]

Regulation - [85-A.

If the affidavit mentioned in Regulation 80 is not filed by employer, the fact of display of the notice may be ascertained on affidavit from the applicant union.][17]

Regulation – 86.

(i)       Any person or union objecting to grant of recognition to a trade union on the ground that such union has instigated, aided or assisted the commencement or the continuance of a strike which is deemed to be illegal strike within 6 months immediately preceding the date of the application for recognition shall file along with the written statement affidavit in support of such objection giving all material facts, with necessary particulars.

(ii)      The union against whom such an objection is raised shall be given an opportunity to meet the objection in the course of the proceedings.

Regulation - [87.

Any order under Sections 12, 13, 14, 15 or 18 passed by the Industrial Court in respect of recognition of a trade union shall be pasted on the notice board of the Industrial Court. If the Industrial Court so directs, such order shall also be published in the Maharashtra Government Gazette.][18]

Regulation - 88.

All applications under Section 15 of the Act shall be supported by an affidavit in support of the facts on which recognition is sought. Such affidavit shall be filed along with the application.

Regulation - 89.

A union seeking recognition for more than one undertaking shall implead the employers of all the undertakings for which recognition is claimed and also other trade unions which have members in all such undertakings.

Regulation - 90.

Regulations under Section 23.- Any member of a recognised union authorised by such union to appear or act on behalf of that recognised union in any proceeding under this Act shall file authority in Form 2-A.

Regulation - 91.

Such authority shall be accompanied by an authentic copy of the resolution of the Executive Committee of the recognised union authorising such member to appear or act on behalf of the recognised union. Such authority shall be in Form 2-A.

Regulation - 92.

A resolution authorising a member of the union to appear or act on behalf of the union shall state clearly the authorities under the Act before which the member is authorised to appear or act and the period for which the authorisation is to be in force.

Regulation - 93.

The "authority" under the Act before which a member of a union appears or acts on behalf of a recognised union in any proceeding under the Act shall issue a certificate of attendance in Form 2 to such member. This certificate shall state the date or dates on which the member appeared before the authority, the number of the case and names of parties to the proceeding.

Regulation - 94.

Whenever a member of a recognised union appears or acts on behalf of the union before any authority under the Act, the fact of appearance of such member with his full name shall be mentioned in the ordersheet.

CHAPTER V REGULATIONS UNDER SECTION 24 RELATING TO NOTICE OF STRIKE OR LOCK-OUT

Regulation - 95.

A union desiring that its members in an undertaking should go on strike of any type shall give a notice in Form 1 of the rules to the employer of the undertaking. 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.

Regulation - 96.

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 that 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.

Regulation - 97.

For the purpose of Regulation 95 "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.

Regulation - 98.

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.

Regulation - 99.

An employer desiring to commence a lock-out shall give notice to the employees in the undertaking, in Form-J of rules. If there is no recognised union of employees in the undertaking, the employer of which desires to commence a lock-out, the notice of the proposed lock-out shall be given to every employee in the undertaking and also to any union of employees in the undertaking.

CHAPTER VI COMPLAINTS RELATING TO ANY UNFAIR LABOUR PRACTICES

Regulation - 100.

(1)     A complaint regarding any unfair labour practice shall be initiated in Form 19.

(2)     Regarding each unfair labour practice complained of concise statement of the material facts constituting it and the date of the occurrence thereof and the name of the person or persons 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.

Regulation - 101.

If a complaint under Section 28(i) covers any unfair labour practice which occurred more than 90 days before the complaint was filed, the complainant shall file along with 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 before 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.

Regulation - 102.

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.

Regulation - 103.

The I.O. shall follow the directions issued by the Industrial Court and may seek further directions from the Industrial Court, if he finds such directions necessary.

Regulation - 104.

On receipt of the report of the I.O. under Section 28(5) of the Act, the Industrial Court shall hear the complainant and shall pass such orders as the Court thinks fit.

Regulation - 105.

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 20.

Regulation - 106.

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.

Regulation - 107.

On receipt of a notice except in cases falling under Sections 38 to 43 of the Act, the person receiving such notice may file a written statement setting out his case at least 8 days before the date of hearing mentioned in the notice, or within the time fixed by the Court, whichever earlier.

Regulation - 108.

The parties shall as far as possible produce documents sought to be relied upon along with their respective statement of cases submitted in writing i.e., complaints, applications, initiating a proceeding and written statements. They may produce additional documents, if any, on the first date 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.

Regulation - 109.

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 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.

Regulation - 110.

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. 9.

Regulation - 111.

(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 the 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.

Regulation - 112.

(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 relief is sought has not entered appearance till the date of the application for interim relief is filed, notice shall be issued by interim relief asked for should not be granted. Notice shall be in Form 21.

Regulation - 113.

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.

Regulation - 114.

The order on the application for interim relief may be published by affixing a copy thereof on the notice board of the Court.

Regulation - 115.

[19][(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, adinterim 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].

Regulation - 116.

An application for interim relief shall be supported by an affidavit relating to facts mentioned in the application.

Regulation - 117.

Every application complaining against an unfair labour practice presented to Industrial Court shall state whether any proceeding relating to the facts constituting 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 VII EX-PARTE PROCEEDINGS

Regulation - 118.

(i)       Along with 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 22.

Regulation - 119.

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 VIII FORMATION OF BENCHES

[Regulations under Section 33(2)]

Regulation - 120.

Subject to the provisions of Section 33 of the Act the President of the Industrial Court may from time to time constitute Benches consisting of one or more members to decide any of the matters required to be decided by the Industrial Court under the Act. A Bench so constituted shall have jurisdiction and powers vested in the Industrial Court under the Act. The President shall assign matters under the Act to the various Benches constituted by him under this regulation. Normally all matters under the Act will be heard by a single member of the Industrial Court unless it is found that it is necessary to constitute a Bench consisting of more than one member.

Regulation - 121.

The President may by special or general order constitute a Bench consisting of one or more members to function at any place other than the place at which the Court ordinarily functions within the State of Maharashtra and may assign to such Bench any of the matters required to be decided by the Industrial Court.

Regulation - 122.

Where a Bench is constituted the President may at any time transfer any matter or matters from a Bench so constituted to any other Bench of one or more members and the Bench so constituted may proceed with the matter either de novo or at the state at which it last heard by the Bench from which the matter was transferred.

Regulation - 123.

The Court may with the consent of the parties act notwithstanding any vacancy owing to the absence of a member if the Bench consists of more than one member and no act, proceeding or determination of such Court shall be called in question by reason of a vacancy or absence.

Regulation - 124.

Any Bench of one or more members of the Court may refer a question of sufficient importance for consideration by a Full Bench of the Court, the President may constitute a Bench of three or more members on such a reference for disposal of the matter.

Regulation - 125.

A Bench constituted under the above Regulations may hold its sittings at such place or places as the President may direct.

CHAPTER IX APPEALS (SECTION 42)

Regulation – 126.

(i)       The memorandum of appeal under Section 42 of the Act shall be presented to the officer appointed in this behalf by the Industrial Court. Such officer shall examine the appeal memo to ascertain whether it is in order and shall place the same before Court, along with scrutiny memo, for orders.

(ii)      A memorandum of appeal under Section 42 of the Act shall be accompanied by a certified copy of the order appealed from. The appellant shall file as many copies of the memorandum of appeal as the respondents to the appeal and one additional copy.

(iii)     Application for bail or stay of execution of the order appealed from shall be accompanied by affidavit in support of the grounds on which relief asked for is based.

Regulation - 127.

The Industrial Court may after hearing the appellant or his Counsel grant stay of execution of the order under appeal on such terms as the Court deems fit and direct notice to the opposite party to show cause within the name mentioned in the notice by ex parte order already passed should not be confirmed or why stay as prayed for should not be granted.

Regulation - 128.

If the Industrial Court grants stay, a copy of the order granting stay shall be sent to the Labour Court against whose order the appeal is filed.

Regulation - 129.

If appeal is filed beyond the period provided by Section 42(2) of the Act the appellant shall file application stating the reasons for delay. Such application shall be supported by an affidavit.

Regulation - 130.

If the Industrial Court admits the appeal, after condoning the delay, if any, the Court shall direct that notice of admission of appeal shall be issued to the opposite party, and shall also send intimation of admission of appeal to the Labour Court. The notice shall be in Form No. 23.

CHAPTER X TRANSFER OF PROCEEDING

(Section 45 of the Act)

Regulation - 131.

The Industrial Court may withdraw a proceeding under this Act pending before a Labour Court and transfer it to another Labour Court by an order in writing. A copy of such order shall be sent to the Labour Courts concerned.

Regulation - 132.

A party to a proceeding under the Act pending before a Labour Court may present an application to the Industrial Court for transfer of such proceeding to another Labour Court. Such application shall be supported by an affidavit to be produced with the application stating fully the grounds on which transfer is sought. On receipt of application for transfer, the Industrial Court may call for report from the Labour Court from which transfer of the proceeding is sought.

Regulation - 133.

An application for transfer of a proceeding pending before a Labour Court to another Labour Court shall not by itself operate as a stay of such proceeding.

Regulation - 134.

A party to a proceeding under the Act before a Labour Court who has applied for transfer of that proceeding may apply to the Industrial Court for stay of proceeding pending before the Labour Court. Such application shall be accompanied by affidavit in support of the grounds for stay. The Industrial Court may in a proper case order stay of such proceedings. If a party applying for transfer lies secured an ex parte order for stay of proceeding pending before the Labour Court, the opposite party may move the Industrial Court for vacating the ex parte order granting stay or for its continuance on terms on giving at least forty-eight hours notice to the party who has obtained stay.

CHAPTER XI PROCEDURE REGARDING COMPLAINT TO MAGISTRATE FOR OFFENCES UNDER SECTIONS 48(2) AND 48(3) AND FOR TAKING COGNISANCE OF REPORT OF CONTEMPT OF THE INDUSTRIAL COURT UNDER SECTION 48

Regulation - 135.

In cases falling under Section 48(2) and/or 48(3) of the Act the Industrial 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.

Regulation - 136.

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.

Regulation - 137.

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 the 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 27.

Regulation - 138.

The Security Bond contemplated by Section 48(4) of the Act shall be in Form 27(A) and 27(B).

Regulation - 139.

(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 a report from a Labour Court 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 High Court, along with the statement recorded by the Court, if any, and such other documents as may be relevant for such report.

(c)      If the Industrial Court finds on receipt of the report by a Labour Court under Section 48(7) of the Act that it is expedient to submit report to the High Court, the Industrial Court may submit a report to the High Court, along with the documents received from the Labour Court.

(d)      The Industrial Court may in its discretion hear the parties concerned in cases under Section 48(7) of the Act before submitting report to the High Court.

(e)      The Industrial Court shall hear the parties concerned before submitting report to the High Court under Section 48(6) of the Act.

CHAPTER XII PROCEDURE FOR RECOVERY OF MONEY OF THE EMPLOYEES UNDER SECTION 50 OF THE ACT

Regulation – 140.

(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. 24.

(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.

Regulation - 141.

On all applications for recovery notice shall be issued to the opponent/ opponents to show cause against the application. The notice shall be in Form 24-A.

Regulation - 142.

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 No. 25.

Regulation - 143.

Certificate thus issued under Section 50 of the Act shall be entered in a register to be maintained in Form No. 26.

Regulation - 144.

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.

Regulation - 145.

It shall be the duty of the Clerk incharge of maintaining the register in Form 26 to see the relevant entries are made in the register about recovery as soon as information in that behalf is received from the Collector.

CHAPTER XIII PERIODICAL RETURNS BY A RECOGNISED UNION

Regulation - 146.

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 28. 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.

CHAPTER XIV MISCELLANEOUS

Regulation – 147.

(i)       The Industrial Court may keep a separate record of unfair labour practices not covered by the relevant Schedules to the Act brought to its notice in the course of any proceeding under the Act.

(ii)      Such record shall show the nature of the unfair labour practice, the number of the case in which such unfair labour practice was brought to the notice of the Court, the date of decision of that case, and the nature of the relief that the Court considers proper to be given to any person affected by such unfair labour practice.

(iii)     Any member of the Industrial Court shall submit a report about such unscheduled unfair labour practices brought to his notice to the President of the Industrial Court to enable him to move the State Government to take necessary action under Section 53 of the Act.

(iv)    President, Industrial Court shall report to the State Government such unscheduled unfair labour practices that come to his notice or are brought to his notice in July and January every year along with his views in respect of such unfair labour practices and also suggesting appropriate relief that may be awarded to persons affected, so that the Government may, if it thinks proper to do so, suitably amend the Schedules to the Act.

 

TABLE 'A'

Fees Chargeable in Industrial Court/Labour Court in respect of processes, etc.

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 convenience where such 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)     Regulation 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:

(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 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:-

(7)     Peculiar cases not provided for in the above rules are to be dealt with according to their own merits and if 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 asked 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 I thereof:-

 

[21][SCHEDULE

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.

 

[22]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 section 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.