PROCEDURE FOR CONDUCTING ARBITRATION PROCEEDINGS
( J. C. M. )
On receipt of a reference by the Board, it will be registered and numbered as CA/______________of ___________(year).
Notice to the first party to the Reference will be issued of the receipt of the Reference. It will also be requested to send eight copies of its statement of case within 21 days to the Board and to supply one copy there of simultaneously to the second party.
Notice to the second party to the Reference will be issued on the receipt of the Reference and also of the fact that the first partys statement of case will be supplied to it direct by the first party.
The second party will file eight copies of its counter statement with the Board within 15 days of the receipt of the statement of case from the first party and will simultaneously send one copy of the same to the first party.
On receipt of the counter statement, the first party shall file eight copies of its rejoinder, if any, within 10 days of the receipt of the counter statement and simultaneously send a copy thereof to the second party.
The statement of case should include, amongst other relevant facts, the following particulars :-
Addresses of the parties for purposes of correspondence.
Categories of employees and the number of employees in each category who are affected by the Reference, (if necessary).
The departments concerned in the Reference.
The nature of claims and details thereof, such as, present position, and modification demanded.
The grounds in support or in opposition of the claim, and
Such other particulars as may be relevant and necessary to the giving of the award.
7(1) Each party with its statement of the case will file documents, extracts from documents or true copies of such documents or extracts on which it wants to place reliance during the hearing.
Provided that the Board or the Chairman may permit a party to file additional documentary data at any stage of the proceedings.
Provided further that if the Board or Chairman considers that certain material which is relevant and necessary for giving the award, should be brought on the record by the party which is directed to do so.
7(2) Oral evidence may be permitted at the discretion of the Board, if any party desires to produce it.
The Board may pass such interim orders as it may think necessary. It may also adjourn the hearing as it thinks convenient and necessary.
The meetings of the Board will be arranged by the Chairman in consultation with the members of the Board and, as far as possible, in accordance with the convenience of the parties.
Preliminary Proceedings: The Chairman alone shall take all preliminary steps and pass necessary interlocutory orders to get case ready for actual hearing by the Board.
After hearing the representatives of the parties, the Board will give its award. Where there is disagreement among the members, the Chairman will make an umpires award. No counsel will appear before the Board to represent a party to the Reference.
Copies of the award will be sent to :
each member of the Board,
each party of the Reference and
- the Labour Ministry to who two copies will be sent.