U.P. Industrial Tribunal Rules 1967
U.P. Industrial Tribunal Rules 1967
of Procedure, 1967
In exercise of the powers conferred by Section 5 -C (1) of the U. P. Indutrial Disputes
Act, 19 47 (U. P. Act No. XXVIII of 1 947 ), as amended up -t o-d at e, the Presi din g Offi cers
of the Industrial Tribunals (I) (III), Allahabad/Presiding Officer Industrial Tribunal (II),
Lu ckn ow, and of t he Lab our Cou rts (I) and (II), Kan pur, (I) and (II), Lu ckn ow, Meerut,
h ave j oi nt l y agreed an d ad opt ed th e ru les of p roced u re gi ven i n t h e ann exu re ap p en d ed
hereto with effect from the date of this notification.
Under Section 19 of the said Act it is ordered, that notice of this order shall be gi ven
by publication in the Official Gazette.
In exercise of the powers conferred by Section 5 -C (1) of the Industrial Disputes Act,
1947, as amended from time t o time and in supersession of the Industrial Tribunals and
Labour Courts Ru les of Procedu re, 1957, the Industrial Tribunal and Labour Courts have
framed the following Rules of Procedure:
• 1. Title and a pplication. —These rules shall be called the Industrial
Tribunals and Labour Courts Rules of P rocedure, 1957, and are subject to
the provisions of the U. P. Industrial Dispute Rules, 1957, as amended from
time to time.
2. Definitions. —In these rules unless there be any anything repugnant
in the subject or context, the terms :
(a) 'Rules' means the U. P. Industrial Disputes Rules, 1967.
(b) 'P l e a d i n g ' i n c l u d e s a n a p p l i c a t i o n i n t h e n a t u r e o f a c l a i m ,
counter claim complaint and/or written statement .
(c) ' R e g i s t r a r ' m e a n s t h e R e g i s t r a r o f t h e I n d u s t r i a l T r i b u n a l s
appointed by the State Government.
(d) Words and expressions not defined in these rules shall have the
sa me meaning a s a re assi gned to the m in the U. P . Industrial
Disputes Act, 1947, as amended from time to time.
3. Place and time of sittings. —Except where intimated otherwise to
the parties or persons concerned, the sitting of the Industrial Tribunals
and Labour Courts shall ordinarily be held at their headquarters fro m 10.30
a. m. to 4.30 p. m. on all working days with a break of one hour from 1 p.m.
to 2 p.m. The Industrial Tribunals and the Labour Courts may if considered
necessary hold sittings at any place throughout the State of Uttar Pradesh as
the exigencies of the case may require.
4. Office hours.—The offices of the Industrial Tribunals and Labour
Courts shall be open on all working days from 10 a.m. to 5 p.m. with a break
of half an hour from 1 p. m. to 1.30 p. rn. provided that the Presiding Officer
concerned may alt er the time of the Industrial Tribunal or Labour Court and
of the office due to the seasonal conditions or nature of the case.
5. Holidays. —Except for the annual summer vacation, such holidays
shall be observed in the office of the Industrial Tribunal and Labour Courts
as are observed in the Civil Courts in Uttar Pradesh.
6. The hearings of the Industrial Tribunals and Labour Courts shall be
open to public, provided that the P residing . Officer concerned ma y at an y
stage, direct that any sittings shall be held in camera, provided further that he
ma y d ir e ct th at p ar ti cul ar pro c e edin gs e ven thou gh he ld in publ ic ma y n ot he
reported in the press, without the previous sanction of the Presiding Officer
concerned.
[ 2295
7. L
anguage.—The language of the Industrial Tribunal and Labour Courts shall
either be Hindi or English.
8. Presen tation of applications, pleadings and p etitions. —An
application pleading or petition may be sent to the Industrial Tribunal or
Labour Court by registered post or may be presented before it or in its office
by the party concerned personally or by his duly authorised agent.
9. Verifications.—All pleadings shall be verified and signed by the
party concerned (or his duly authorised agent) and a petition or application
may be signed by the petitioner or applicant or his duly authorised agent.
10. Registration of references, etc. —On receiving a reference or
petition which is in order it shall be registered as a case in the appropriate
register in Form B, C, D, or E.
11. Authority to represent.—The duly authorised agent shall file in
the Industrial Tribunal or Labour Court written authority of appointment
in Form 'A' appended to these rules duly signed or marked by the party to
entitle him to represent the party mentioning in the extent, if any, of his
powers :
Provided that when an agent is appointed b y an official of a union,
association, federation or company, duly attested copy of the rule or the
authority entitling that official to appoint an agent, shall also be filed by the
agent, along with his authority.
12. Addresses of the parties.—The postal address of the party shall
be filed by the party concerned with every official pleading or petition. A
communication sent to that party at such postal address or to his agent, shall
be deemed to have been served on him. On any change in the address, the
party concerned shall immediately intimate to the Industrial Tribunal or
the Labour Court concerned, as th e case may be, about the said change. In
case of failure to do so, it shall be open t o the Industrial Tribunal or t he
Labour Court concerned to pass such orders, as it may deem fit.
13. Agent's rights.—The agent shall have the right to examine, cross-
examine and re-examine witnesses to make a statement on fact and to address
the Industrial Tribunal or Labour Court after the close of evidence and even
earlier if so desired and permitted b y the Industrial Tribunal or Labour
Court.
14. Defective pleading or petition.—If a petition or pleading is not
in order, the Industrial Tribunal or Labour Court shall note the defect on
it and return it to the petitioner or the agent to remove the defect within a
specified time.
3 9 . C opi e s of r e c o r ds or ot he r d oc u me nt s of a L abo ur C o ur t or
Tribunal or an Arbitrator. —(1) A _party to the dispute shall be entitled at
any stage to obtain copy of the records of the case or any portion thereof
including exhibits which have been put in and finally accepted in evidence
but excluding confidential papers and office notes.
(2) A stranger to a dispute, may, after the decision, obtain copy of any
decument on the record of the case except confidential docum ents and office
notes :
Provided that a stranger may not be given copy of the exhibits admitted
in evidence except with the consent of the person by whom they were produc ed
or his successor-in-interest.
(3) A party to a dispute or a stranger may obtain a copy of an award
given in the dispute only after it has been published by the 'tate Government.
(4) Every such copy shall be examined and certified as correct before it
is issued from the office of the Labour Court or Tribunal or an arbitrator.
No copy shall be certified unless it has been prepared in either of the aforesaid
offices.
(5) An application for copies of awards or other documents shall be
presented between 11 a.m. and 12 noon on any working day in the prescribed
Form 'N' to the Labour Court or the Registrar of the Tribunal concerned or in
the case of an arbitration award or documents relating thereto to the Labour
Court or the Registrar of the Tribunal which has otherwise jurisdiction over
the dispute.
(6) On receipt of an application for a copy the head clerk or clerk con-
cerned shall inform the applicant of the amount of fees payable and that his
application will not be considered complete and the preparation of the copy
will not be commenced, until he has deposited the said amount.
The receipts on account of copying and certifying fees shall be credited to
the head of account specified by the State Government in this behalf.
(7) If, owing to insufficient or incorrect description the document of
which a copy is sought cannot he traced tha t fact shall be endorsed on the
application which shall be submitted to the Presiding Officer of the Labour
Court or Tribunal concerned.
(8) If the estimated amount of fees is not deposited within seven days of
its being notified to the applicant, the application for copy shall be rejected.
(9) If an application has been rejected under sub -rule (7) and a copy is
still required, a fresh application must be presented and the same will be dealt
with in the manner prescribed, as though the original application had not
been made.
(10) If and when it is ascertained that additional fees are necessary, the
amount thereof shall be immediately notified to the applicant and shall be
deposited within seven days of receipt of the notice.
(11) The copies shall be prepared in strict order of priority, and where it
is proposed to make any departure for any special reasons, prior sanction of
the Presiding Officer of the Labour Court or Tribunal or the Arbitrator shall
be obtained.
(12) In ordinary circumstances a copy may b e furnished up to 1 p.m. on
the third day after the necessary fee, or additional fee, has been paid.
(13) If the applicant furnishes his address accompanied by sufficient
amount (in cash), to cover the cost of registration (acknowledgment due), a
copy may be sent to him by post.
(14) When a copy is granted, the following particulars shall be recorded
on the back of the copy :
(i ) Dat e o f ap p l i c at i o n f o r c o p y.
(i i ) Dat e o f n o t i f yi n g t h e f e e p a ya b l e.
(i i i ) D a t e o f d e p o s i t o f f e e .
(i v ) Dat e o f maki n g o ver t h e co p y t o t h e ap p li can t .
(l7) A fee of Re. 1 shall be payable for certifying a copy of any such
award or document.
(18) Copying and certifying fees-shall be payable in advance.
40. Oath Commissioner.—The official authorised to certify the affidavit
shall maintain a register in Form 'L'. He shall endorse on the affidavit or
counter-affidavit a certificate of verification in Form 'M'.
F O R M 'A '
(Rule 11)
(Later of Authority)
Before the Presiding Officer, Industrial Tribunal
Allahabad/Lucknow/Labour Court at .......................
Adj. Case No ........................................../Misc. Case No. of 19......................
In the matter of ..............................
I/We hereby authorise Sri ............................ (Designation)....................to
represent me/us in the abovementioned case on my/our behalf.
It shall be subject to the following conditions :
Name and Signature ......................
Designation .......................................
Address .....................................................
Accepted ........................... Name and Signature .......... Designation .............
FO R M 'B '
(Rule 10)
(Register of Gases)
Industrial Tribunal ( ) () ( ) at Allahabad/Lucknow/Labour
Court at .........................
FORM 'C'
(Rule 10)
[Register of case under Section 6-E(1) and (3) and Rule 31(1)]
Industrial Tribunal ( ) () ( ) at Allahabad/Lucknow/Labour
Court ......................................
FORM 'E'
(Rule 10)
(Register of applications under Section 6-F of the Act and Rule 32)
Industrial Tribunal ( ) Allahabad/Lucknow/Labour Court at ............
---
Relief sought Date of submission Date of Publication Remarks
of Award to of Award by
Government Government
6 7 8 9
FOR M 'F'
(Rule 16)
Before the Industrial Tribunal ( )/Allahabad/Lucknow/Labour Court
at .........................................
Adj. Case No ..........................of ................... , 19
(General summons to all concerned)
Whereas an Industrial dispute between .................................................
and their workmen has been referred to the Industrial Tribunal ( ),
Labour Court ( ), u nd er S ect i on 4 -K o f the U. P . In du s t ri al Di sp u t es
Act, 1947 (U. P. Act No. XXVIII of 1947), vide G. 0. No .........................
dated ............................. , 19 ......................... , you are hereby summoned to appesc
before the said Tribunal/Labour Court in person or through a duly authorise:
representative as required under Rule 40 of the U. P. Industrial Dispute
Rules, 1957, on the , dated , 19 at 1.30 a.= -...:
answer all material questions relating to the. said dispute and you are dir•: -.. to
produce on that date all the books, papers and o ther documents and things in
your possession or under your control in any way relating to the matter ui.
investigation by the said Industrial Tribunal/Labour Court. Your wines
statement, if any, should also be presented before the said Tribunal/Labour
Court on the date specified above.
Matter (s) of Dispute
The attention of all concerned is also drawn to Section 6 -E of the U
Industrial Disputes Act, 1947, for strict compliance. It be also noted thL:
the matter relating to determination of Bonus, Balance -sheet and Profi: arc
Loss Account for the relevant year be also produced on the above -ocar
date of hearing. In the case relating to disciplinary proceedino e
papers of domestic enquiry along with an affidavit be filed on the above-L-....-amit
date.
By order of the Tribunal/Labour
Registrar,
Industrial Tribunals, U. P., or thy Prc--..iiseg
Officer, Labour Court.
FORM 'G'
(Rule 26)
at
Date fixed for weeding
Particulars of records
.., 0
M. 0
71).
.
1-'
1.) 1...
c; 40
■-4 c..-
o
v
2.)
al a) C
..
). al •-'
GOGO (A)
2 3 4 5 6 7 8
Truncpu irponpui
D at e o f recei p t an d return of record book
or register
A mo u n t o f ap p l i cat i o n a n d inspection
f e e realised and deposited
(tais:hy uoyonfrui)
,N, IN1103
Signature of official in charge of
records in verification of e n t r y in Col.
4
Allahabad/Lucknow/Labour Court
Number
Year
Name of person or per sons who will inspect the record (not exceeding three)
FORM 'M'
(Rule 40)
[Rule 27(b)]
For the purposes of payment of travelling allowances and diet money,
complainants and witnesses shall be classified as follows :
Class /—Persons of superior rank ;
Class //—Persons such as ordinary traders, pleaders and those of
corresponding rank ; and
Class ///—Persons belonging to the class of cultivators and labourers.
The rates of travelling allowance and diet money for the three classes
shall be as below :
Conveyance hire Rs. 3 per diem Rs. 2 per diem Re. 1 per diem.
Diet money in Rs. 5 per diem Rs. 3 per diem Rs. 1.50 per
Allahabad diem.
On the journey Rs. 4 per diem Rs. 2 per diem Re. 1 per diem.
Notes. (a) Di et mon e y s h all b e p aid for t h e d ays of act u al d eten t i on as well as for
—