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Bare acts > Cine-Workers and Cinema Theatre Workers (Regulation of Employment) Rules, 1984 > Rule 10
 
  


 

10. Proceeding before the tribunal.- (1) Where the Central Government refers any dispute for adjudication to a tribunal within two weeks of the date of receipt of the order of reference, the party representing workmen or in the case of individual workman, the workman himself and the producer involved in the dispute shall file with the tribunal a statement of demands relating to the issues as are included in the order of reference and shall also forward a copy of such statement to each one of the opposite parties involved in the said dispute ;


Provided that where the tribunal considers it necessary it may,


(a) extend the time limit for filing of such statement;

(b) reduce the time limit for filing of such statement to one week in emergent cases for reasons to be recorded in writing ;

(c) where both the parties agree, reduce the time limit for filing of such statement as per agreement ;


(d) where both the parities agree, dispense with the requirement of filing such statement altogether;

(e) allow at any stage of proceeding; amendments to such statement to the extent as maybe necessary for the purpose of determining the real issues included in the order of reference.


(2) Within two weeks of the receipt of the statement under sub-rule (1), the opposite party shall file its rejoinder with the tribunal and simultaneously forward a copy thereof to the other party;


Provided that such rejoinder shall relate only to such of the issues as are included in the order of reference:

Provided further that where the tribunal considers it necessary it may,


(a) extend the time limit for filing of such rejoinder ;

(b) reduce the time limit for filing of such rejoinder to one week in emergent cases for reasons to be recorded in writing ;

(c) where both the parties agree, reduce the time limit for filing of such rejoinder as per agreement ;

(d) where both the parties agree ; dispenses with the requirement of filing such rejoinder altogether ;

(e) allow at any stage of the proceedings amendments to such rejoinder to the extent as may be necessary for the purpose of determining the real issues included in the order of reference.


(3) The tribunal shall ordinarily fix the date for the first hearing of the dispute within 6 weeks of the date on which it was referred for adjudication;


Provided that the tribunal may, for reasons to be recorded in writing, fix a later date for the first hearing of the dispute.

(4) The hearing shall ordinarily be continued from day to day and arguments shall follow immediately after the closing of evidence.

(5) The tribunal shall ordinarily not grant any adjournment for a period exceeding a week at a time, not more than three adjournments in all at the instance of any one of the parties to the dispute:

Provided that the tribunal for reasons to be recorded in writing grant an adjournment exceeding a week or more than 3 adjournments at the instance of any on the parties to the dispute :


Provided further that the producer should deposit the disputed amount with the Tribunal pending finalisation of the dispute.


(6) The tribunal shall make a memorandum of the substance of evidence of each witness:

Provided that the tribunal may follow the procedure laid down in Rule 5 of Order XVIII of the first Schedule to the Code of Civil Procedure, 1908 (5 of 1908), if it considers necessary so to do in view to the nature of the particular dispute pending before it.

 

 

 

 

 

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