(1) Any employee aggrieved by an order of dismissal or discharge 1[and other wise terminated under section 26, may make a complaint to the Labour Court constituted under the Industrial Disputes Act, 1947 (14 of 1947) or to an officer authorised in this behalf by a notification in the Official Gazette, either himself or through an officer of a registered Trade Union . Such Court or Officer shall entertain the complaint petition and hear the same in manner prescribed in sub-rules (4) to (8).
(2) The complaint petition shall be prepared in the form of a memorandum in duplicate, setting forth concisely the grounds of objection to the order complained against. The memorandum shall be accompanied by an affidavit sworn before a Magistrate of the First Class 2[or notary public that the contents of the memorandum are true to the knowledge and belief of the applicant and that no such complaint has been filed and heard before any other authority.
(3) Every such memorandum shall bear a court-fee stamp of Re 5.
Provided that the authority may , in consideration of the poverty of the applicant , reduce or remit this fee.
(4) The authority entertaining the complaint petition shall call upon the employer by a notice to appear on the date fixed before him either personally or through his agent at a specified time and place together with all relevant documents and witnesses, if any, and shall inform the complainant of the said date, time and place of the hearing of the said case.
(5) If the employer or his agent fails to appear on the date fixed at the specified time and place , the authority may proceed to hear and determine the complaint petition ex-parte unless for proper reasons to be recorded in writing the hearing is adjourned to another date.
(6) If the complainant fails to appear on the date fixed or any date subsequent thereto to which the hearing may be adjourned for reasons considered proper the authority may dismiss the complaint.
1. inserted by amendment dated 31.8.2012 2 . inserted by amendment dated 31.8.2012.
JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 11
(7) An order passed under sub-rule (5) or sub-rule (6) may, on sufficient cause being shown within thirty days of the date of the order , be set aside and the complaint re-heard, notice being served on the opposite party of the date fixed for hearing.
(8) The Labour Court or the officer authorized in this behalf, as the case may be, shall record briefly the evidence adduced before him, hear the parties summarily and after making such further enquiry as he may consider necessary, pass orders giving reasons thereof. The orders, so passed, shall be communicated to the parties immediately.
1[(9) Every order issued by or settlement arrived before The Labour Court or designated authority for the said purpose shall be executed in accordance with the procedure laid down for execution of orders as decree of a Civil Court under Order 21 of the Code of Civil Procedure 1908.
2[(10) The Labour Court or designated authority for the purpose as the case may be shall transmit any order or settlement to a Civil Court having territorial jurisdiction and such Civil Court shall execute the order or settlement as if it were a decree passed by it .