(1) An application under sub-section (1) of section 28 shall be made to a Sub-divisional Magistrate or an Assistant Commissioner of Labour 3[or Deputy Commissioner of Labour] of the local area or the Presiding Officer of the Labour Court , mentioned in column 2 of the Schedule hereto annexed having their respective jurisdiction as specified in column 4 of the said Schedule or an Officer authorised in this behalf by notification in the Official Gazettewithin six months from the date on which the deduction from the wages was made or the date on which the payment of wages was due to be made as the case may be
Provided that an application may be admitted after the period of six months if the applicant satisfies the authority that he had sufficient cause for not making the application within such period:
4 [ SCHEDULE Sl. No. Designation of the Officers Headquarters Local limits of Jurisdiction________ 1 2 3 4 _______
1. Presiding Officer, Labour Court, Patna Division Patna Districts of Patna, Nalanda, Gaya, Nawadah,Aurangabad,Bhojpur and Rohtas of Patna Division
2. Presiding Officer, Labour Court, Bhagalpur Districts of Bhagalpur, Monghyr and santhal Bhagalpur Division Parganas of the Bhagalpur Division and Districts of Saharsa, Purnea and Begusarai Of Kosi Division ______________________________________________________________________________
1. Added by amendment dated 31.8.2012.
2. Added by amendment dated 31.8.2012.
3. Added by S.O. 1680, dated 10.12.1973.
4. Subs. by Notification No. II/S6-1031-73L & E-1650 dated 28.6.1973 JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 12 Sl. No. Designation of the Officers Headquarters Local limits of Jurisdiction________ 1 2 3 4 ______________
3.. Presiding Officer, Labour Court, Muzaffarpur Districts of Muzaffarpur, Vaishali, Tirhut Division Sitamarhi, Darbhanga, Samastipur, Madhubani,EastChamparan,West Champaran, Saran and Siwan of the Tirhut Division.
4. Presiding Officer, Labour Court, Ranchi Districts of Ranchi, Palamau and Ranchi Hazaribagh of the Chhotanagpur Division.
5.. Presiding Officer, Labour Court, Bokaro Steel City Districts of Dhanbad and Giridih of the Bokaro Steel City Chhotanagpur Division
6. Presiding Officer, Labour Court, Jamshedpur Districts of Singhbhum of Chhotanagpur Jamshedpur Division ____________________________________________________________________________________________
Provided that the cases pending before the Presiding Officer of Labour Courts from before shall be heard and disposed of by them.
(2) An application under sub-section (1) of section 28, by or on behalf of an employee shall be made in duplicate in Form XII, Form XIII or Form XIV, as the case may be, one copy of which shall bear the requisite court-fee as prescribed in Rule 25. The application shall be accompanied by a certificate signed by the applicant to the effect that the contents of the application are true to the knowledge and belief of the applicant, and that no such application for the same dues has been filed before any other authority.
(3) The authorization to act on behalf of an employee or employees under section 28 shall be given by a certificate in Form XV and shall be presented to the authority hearing the application and shall form part of the record.
(4) Documents relevant to an application may be presented in person or sent by registered post to the authority at any time during such hours as may be fixed by the authority for this purpose.
(5) The authority shall at once endorse or cause to be endorsed on each document the date of the presentation or receipt, as the case may be.
(6) (i) The authority may refuse to entertain an application presented under sub-rule (1), if after giving the applicant an opportunity of being heard, the authority is satisfied for reasons to be recorded in writing , that the applicant is entitled to present an application or the application is barred by reason of the provisions in sub-rule (1) or the application shows no sufficient cause for making a direction under section 28.
(ii) The authority may refuse to entertain an application which is insufficiently stamped or is otherwise incomplete, and if he so refuses, he shall return it with a note about the defects, the application suffers JHARKHAND SHOPS AND ESTABLISHMENTS RULES, 2001 13 from. If the application is presented again after removing those defects, the date of representation shall be deemed to be the date of presentation for the purposes of provision in sub-rule (2).
(7) If the application is entertained, the authority shall call upon the employer by a notice in Form XIV to appear before him at a specified time together with all relevant documents and witnesses if any, and shall inform the applicant of the time so specified.
(8) The authority shall briefly record the evidence adduced before him, shall hear the parties summarily and after making such further enquiry as he may consider necessary for a just and proper decision, shall pass orders recording in writing the direction which he may issue under sub-section (3) of section 28, as the case may be, giving the reasons therefore, and communicate the same to the parties without delay.
(9) If the employer or his authorised agent fails to appear at the specified time, the authority may proceed to hear and determine the application ex-parte.
(10) If the applicant fails to appear at the specified time, the authority may dismiss the application.
1[(11) An order passed under sub-rule (9) or sub-rule (10) may on good cause being shown within thirty days of the said order, be set aside and the application reheard, notice being served on the opposite party of the date fixed for rehearing.]
(12) The authority shall in all cases enter the particulars of every direction under sub-section (2) of section 28 in Form XVII which shall be signed and dated by him.
2[(13) The State Government may by notification in the Official Gazette withdraw or recall any case or appeal pending before an authority prescribed under sub-section (2) of Section 26 or sub-sections (1) and (7) of Section 28 of the said Act and transfer the same to another prescribed authority for disposal.]
Sections 28 (4) and 40 (2) (f)