In practice, the Registrar of the Court would help the parties to resolve their disputes through mediation so as to avert arbitration. The mediation would normally commence within 2 weeks of filing of the application by the parties. The Court is convened only as a last resort when settlement could not be reached through mediation.
A court hearing is convened either by :
(a) the President sitting alone inquiring into the following :
certification of CA
continuation of award
interpretation, variation or non-compliance of CA or award
dismissal/reinstatement of employee alleging victimisation
decision of a referee or
(b) the President or Deputy President sitting with panel members inquiring into:
disputes relating to terms and conditions of service
disputes relating to wages (eg NWC recommendations), bonus or salary increases
The Court is not bound by the Evidence Act. It can make its own rules for summoning/swearing in of witnesses and hearing of evidence (eg hearsay evidence is acceptable).
The Court has power to decide on conduct of proceedings - according to EQUITY, GOOD CONSCIENCE and substantial MERITS OF CASE. It adopts the expedient approach dispensing with legalities and technicalities.