LABOUR TRIBUNAL (GENERAL) RULES

LABOUR TRIBUNAL (GENERAL) RULES

LABOUR TRIBUNAL (GENERAL) RULES

(Cap. 25, section 45)

[1 March 1973.]

1. These rules may be cited as the Labour Tribunal (General)
Rules.

2. In these rules, unless the context otherwise requires-

---register'means the Register of Claims kept under rule 4.

3. There shall be a registry for claims which shall be situated
at such place as the Chief Justice may direct.

4. (1) A 'Register of Claims', in such form as the Chief
Justice may direct, shall be maintained in the registry.

(2) The register shall contain such details of all claims and
proceedings in the tribunal as the Chief Justice may direct.

5. (1) Unless otherwise provided by the Ordinance, process
shall be served by a person appointed by the registrar.

(2) Service of process shall be effected by delivering a copy of
the document to the person to be served or by leaving it with some
person for him at his last known place of residence or at his place of
work.

(3) The person effecting the service shall endorse on the copy
of the document retained by him the date and place of service and
the name of the person receiving it and shall sign the endorsement.

6. (1) If reasonable efforts have been made to serve a docu-
ment in accordance with rule 5 and service has not been effected, the
registrar may make an order for substituted service of the document.

(2) Substituted service shall be effected in such manner as the
registrar may direct.

7. (1) Where the tribunal transfers a claim to the High Court
or the District Court under section 10(2) of the Ordinance, the
registrar shall send to the registrar of the court to which the claim is
transferred a certified copy of the entries in the register, and the
documents in his custody, relating to the claim.

(2) The registrar of the court to which the claim is transferred
shall appoint a day for the hearing and send notices in the prescribed
form to all parties interested.

8. A summary of facts shall be-

(a) prepared in the prescribed form in duplicate;





(b)signed by the tribunal officer preparing it; and
(c)delivered to the registrar within 24 hours after the comple-
tion of the inquiries necessary for its preparation or within
such longer period as may be directed by the registrar.

8A. (1) Where an application for leave to appeal is made
under section 32 of the Ordinance-
(a)the registrar shall on the request by any party to the
proceedings and on payment by such party of the appro-
priate fee supply to such party within 7 days of the request
a certified copy of the record of the proceedings; and
(b)the Registrar of the Supreme Court shall-
(i) fix a date and place for the hearing of the applica-
tion; and
(ii) send a notice to the applicant in the prescribed
form of the date and place of hearing.
(2) At the hearing of an application for leave to appeal, the
High Court may with the consent of the applicant alter any ground
of appeal, or insert any new ground of appeal, in the application for
leave to appeal.

9. (1) Where leave to appeal is granted under section 32 of
the Ordinance-
(a)the registrar shall send to the Registrar of the Supreme
Court a copy of the entries in the register and the docu-
ments in his custody relating to the claim, together with a
certified English translation of such entries and docu-
ments;
(b)the Registrar of the Supreme Court shall, on receipt of
such documents, fix a date and place for the hearing of the
appeal; and
(c)the Registrar of the Supreme Court shall send notices in
the prescribed form of the date and place of hearing to be
served on the parties to the claim who are interested in the
appeal.
(2) Save with the permission of the High Court, an appellant
shall not be entitled at the hearing of the appeal to rely on any
ground of appeal not specified in the application for leave to appeal.

10. [Revoked, L.N. 202182]

11. The tribunal may order that the amount of an award or
order shall be paid by such instalments, payable at such times, as the
tribunal may think fit.

12. (1) Where an award or order is made by the tribunal, and
if stay of execution has not been ordered under section 37 of the
Ordinance, the registrar shall, on the application of the party in
whose favour the award or order is made, supply to him a certificate
of award or order in the prescribed form and a copy thereof.





(2) The registrar of the District Court shall, on the production of a
certificate of award or order, and a copy thereof to him within 12 months
after the date of the award or order, register the certificate in the Register
of Actions kept in the District Court.

(3) The registrar of the District Court shall seal and date the copy
certificate and return it to the person producing it.

(4) A presiding officer may at any time authorize an officer attached
to the tribunal, not being below the rank of senior clerical officer, to
discharge the duties of the registrar under paragraph (1).

13. The rate of interest which may be included in the amount of an
award by the tribunal, in exercise of the powers conferred by section 39
of the Ordinance shall be 15%, or such rate as may be fixed by the Chief
Justice-by notice published in the Gazette.
L.N. 220/72. L.N. 131/74. L.N. 127/76. L.N. 279/81. L.N. 202/82. Citation. Interpretation. Registry. Register of Claims. Service. Substituted service. Transfer of claim to High Court or District Court. L.N. 127/76. Form 5. Preparation of summary of facts. Form 6. Procedure on application for leave to appeal. L.N. 127/76. L.N. 202/82. Form 15A. L.N. 131/74. L.N. 202/82. Procedure on appeal from the tribunal. L.N. 131/74. L.N. 202/82. L.N. 127/76. Form 16. Payment of award by instalment. Registration of award or order in District Court. Form 17. L.N. 127/76. L.N. 279/81. Rate of interest. L.N. 202/82.

L.N. 220/72. L.N. 131/74. L.N. 127/76. L.N. 279/81. L.N. 202/82. Citation. Interpretation. Registry. Register of Claims. Service. Substituted service. Transfer of claim to High Court or District Court. L.N. 127/76. Form 5. Preparation of summary of facts. Form 6. Procedure on application for leave to appeal. L.N. 127/76. L.N. 202/82. Form 15A. L.N. 131/74. L.N. 202/82. Procedure on appeal from the tribunal. L.N. 131/74. L.N. 202/82. L.N. 127/76. Form 16. Payment of award by instalment. Registration of award or order in District Court. Form 17. L.N. 127/76. L.N. 279/81. Rate of interest. L.N. 202/82.

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