Revolutionising Law Reporting !
 |
 |
 |
| Install Now! | Install Now! | Install Now! |
The C.G. Industrial Court Formation of Benches Rules, 1964
cg021
(a) "Act" means the Chhattisgarh Industrial Relations Act, 1960 (Act No. 27 of 1960);
(b) "Bench" means a bench constituted under these Rules;
(c) "Court" means the Industrial Court as constituted under Section 9 of the Act;
(d) "Matter" means any application, appeal, petition, reference or submission filed in or made to the Industrial Court under the provisions of the Act;
(e) "Member" means a member of the Industrial Court and includes the President;
(f) "Party" means the applicant, petitioner, appellant, opponent, respondent, any employer or employee concerned in any application, petition, appeal, submission or reference;
(g) "Petition" means any petition made to the Court under the Act or these rules;
(h) "President" means the President of the Industrial Court;
(i) "Section" means a section of the Act.
(2) Words and expressions not defined in these rules shall have the meanings assigned to them under the respective Acts. 3. The President may constitute a Bench of one or more members to decide any of the matters filed in or referred to the Court and the Bench so constituted shall exercise the jurisdiction and the powers vested in the Court. 4. The following matters shall ordinarily be heard and disposed of by Bench consisting of two members-(i) appeal under clause (a) of sub-section (1) of Section 65;
(ii) appeal under clause (b) of sub-section (1) of Section 65;
(iii) appeal under clause (c) of sub-section (1) of Section 65;
(iv) references on point of law or interpretation of the Act and rules under Section 70;
(v) contempt of Industrial Court and of Labour Court under Section 105.
5. Save as otherwise provided by law or by these rules or by special orders of the President, all matters shall be heard and disposed of by a Bench of one Member. 6. Notwithstanding anything contained in these Rules, a member sitting alone in the long vacation as vacation Judge may exercise any or all of the powers of the Industrial Court. 7. (i) A member sitting alone may refer any proceeding pending before him to the President with a recommendation that it be placed before a Bench of more than one Member when it involves a question of law or difficulty or importance.(ii) In the proceedings referred to in sub-rule (i) the referring member may refer a stated question or questions or may ask that the proceedings be heard and decided by the Bench to which it is referred. If he refers a stated question or questions he shall dispose of the proceedings in accordance with the decision of the Bench on the question or questions referred to it.
8. (i) A member sitting along may refer any proceeding pending before him to the President with a recommendation that it be placed before a Bench of more than one member, if he considers that the decision in the proceeding involves reconsideration of a former decision of a member sitting alone.(ii) In the proceedings referred to in sub-rule (i) the referring member shall refer a stated question or questions and shall dispose of the proceedings in accordance with the decision of the Bench on the question or questions referred to it.
9. If at any time the President or the member is unable to function for any reason whatsoever then notwithstanding anything contained in these rules, the President or the member alone, as the case may be, shall have all the powers vested under these Rules in a Bench of more than one member. 10. An application for review under Section 71 shall ordinarily be disposed of by the same Bench which heard the original matter sought to be reviewed, provided, however, that if any member or members of the Bench which disposed of the original matters has or have ceased to be a member or members of the Court, it shall be disposed of by a Bench consisting of the same number of members as the Bench which made the order sought to be reviewed. 11. The President may by order in writing direct that any matter, dispute or business cognizable by the Court, or pending before the Court shall be distributed amongst him and the member or members in such manner as he thinks fit.
