Where an order determining the amount due from an employer under section 7A or section 7B has been passed and if the officer who passed the order—
(a) has reason to believe that by reason of the omission or failure on the part of the employer to make any document or report available, or to disclose, fully and truly, all material facts necessary for determining the correct amount due from the employer, any amount so due from such employer for any period has escaped his notice;
(b) has, in consequence of information in his possession, reason to believe that any amount to be determined under section 7A or section 7B has escaped from his determination for any period notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the employer, he may, within a period of five years from the date of communication of the order passed under section 7A or section 7B, re-open the case and pass appropriate orders re-determining the amount due from the employer in accordance with the provisions of this Act:
Provided that no order re-determining the amount due from the employer shall be passed under this section unless the employer is given a reasonable opportunity of representing his case.
1. Ins. by Act 33 of 1988, s. 11(w.e.f. 1-7-1977).
15 1 [7D. Tribunal.—The Industrial Tribunal constituted by the Central Government under sub-section (1) of section 7A of the Industrial Disputes Act, 1947 shall, on and from the commencement of Part XIV of Chapter VI of the Finance Act, 2017, be the Tribunal for the purposes of this Act and the said Tribunal shall exercise the jurisdiction, powers and authority conferred on it by or under this Act.]
7E. [Term of office.]Omitted by the Finance Act, 2017 (7 of 2017), s. 159 (w.e.f. 26-5-2017).
7F. [Resignation.] Omitted by s. 159, ibid. (w.e.f. 26-5-2017).
7G. [Salary and allowances and other terms and conditions of or service of Presiding Officer.]
Omitted by s. 159, ibid. (w.e.f. 26-5-2017).
7H. [Staff of Tribunal.] Omitted by s. 159, ibid. (w.e.f. 26-5-2017).
7-I. Appeals to Tribunal.—(1) Any person aggrieved by a notification issued by the Central Government, or an order passed by the Central Government or any authority, under the proviso to sub-section (3), or sub-section (4), of section 1, or section 3, or sub-section (1) of section 7A, or section 7B [except an order rejecting an application for review referred to in sub-section (5) thereof], or section 7C, or section 14B, may prefer an appeal to a Tribunal against such notification or order.
(2) Every appeal under sub-section (1) shall be filed in such form and manner, within such time and be accompanied by such fees, as may be prescribed.