(1) An appeal under sub section (7) of section 16 shall be preferred, within thirty days of the date on which the refusal of leave is communicated to the employee before the Superintendent of Labour or the Sub-divisional Magistrate of the local area concerned.
(2) An appeal shall be preferred in the form of a memorandum in duplicate, setting forth concisely the grounds of objection to the order appealed from either by the aggrieved employee himself or through an officer of a registered Trade Union. The memorandum shall be accompanied by a certificate signed by the appellant to the effect that the contents of the memorandum are true to the knowledge and belief of the appellant and that no appeal under sub-section (7) of section 13 has been filed previously before any other authority.
(3) The Superintendent of Labour or the Sub-divisional Magistrate as the case may be, shall call upon the employer by a notice to appear before him either personally or through his agent at a specified time together with all relevant documents and witnesses, if any, and shall inform the appellant of the time so specified.
1. Subs. by S.O. 6, dated 3.1.1974
2. Subs. by S.O. 6, dated 3.1.1974
3. Subs. by S.O. 6, dated 3.1.1974 JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 7
(4) If the employer or his agent fails to appear at the specified time, the authority may proceed to hear and determine the appeal ex-parte.
(5) If the appellant fails to appear at the specified time, the authority may dismiss the appeal.
(6) The party aggrieved by the order made under sub-rule (4) or (5), may file an application within thirty days of the passing of the order to have the order set aside:
Provided that no such order shall be set aside unless the applicants shows sufficient cause for his non-appearance when the appeal was called on for hearing:
Provided further that no order shall be made under this sub-rule unless notice of the application has been served on the opposite party.
(7) Every such memorandum of appeal shall bear a court fee stamp of Re. 1.
(8) The Superintendent of Labour or the Sub-divisional Magistrate, as the case may be, shall record briefly the evidence adduced before him, hear the parties and then pass orders, giving reasons, thereof.
The orders so passed shall be final and binding on the parties. The orders shall be communicated to the parties immediately.
(9) The compensation awarded under section 16 may be recovered-
(a) if the authority is a Magistrate, by the authority as if it were a fine imposed by him as Magistrate;
and
(b) if the authority is not a Magistrate, by any Magistrate, to whom the authority sends written requisition duly signed and sealed in this behalf as if it were fine imposed by such Magistrate.
Section 17 (2)