Industrial Relations Act, 1946

Inquiry into application for an establishment order.

38.—Where an application is duly made to the Court for an establishment order, the Court shall consider such application and, subject to section 37 of this Act, the following provisions shall have effect—

(a) the Court shall, after consultation with such parties as it thinks necessary, prepare a draft establishment order (in this section referred to as the draft),

(b) the Court shall publish in the prescribed manner a notice setting out—

(i) that the Court proposes to hold an inquiry into the application,

(ii) the day (which shall not be earlier than thirty days or later than forty-five days from the date of the publication of the notice) and time and place at which the inquiry will be held,

(iii) the place where copies of the draft may be obtained,

(c) objections to the draft may, before the date for the holding of the inquiry, be submitted to the Court, and every such objection shall be in writing and state the grounds of objections and the omissions, additions or modifications asked for,

(d) the Court shall hold the inquiry on the day so specified in the notice and consider any objections to the draft which have been submitted in accordance with paragraph (c) of this section.