(1) Any person aggrieved by the orders passed by an authority authorised under sub-section (1) of section 7 of the said Act may, within 60 days from the date of receipt of such orders, appeal to the Deputy Commissioner of Labour within the local limits assigned to him under sub-section (1) of section 15 of the Payment of Wages Act, 1936 (Central Act IV of 1936) in the form of memorandum of appeal.
1 Subs. by G.O. (D) No. 572, Labour and Employment, 9th November, 1990 2 Ins. By G.O. Ms. No. 2104, dated the 1st October, 1985 3 1 [Provided that no appeal shall be admitted unless at the time of preferring the appeal, the appellant produced a certificate from the authority against whose orders the appeal has been made to the effect that the appellant had deposited with him the amount determined by him as payable to the employee under rule 5:
Provided further that where an employer makes an appeal under rule 5-A, the authority may and if so directed by the Deputy Commissioner of Labour, pending decision of the appeal, withhold payment of any sum in deposit with him.]
(2) The memorandum of appeal under sub-rule (1) shall be submitted to the Deputy Commissioner of Labour with a copy thereof to the opposite party and the authority authorised under sub-section (1) of section 7 of the Act either through delivery in person or under registered post with acknowledgement due.
(3) The memorandum of appeal shall contain the facts of the case, the decision of the authority concerned, the grounds of appeal and the relief sought.
(4) There shall be appended to memorandum of appeal, a certified copy of the finding of the authority concerned and his direction pertaining to the payment of subsistence allowance.
(5) On receipt of the copy of the memorandum of appeal, the authority concerned who passed the order appealed against shall forward the records of the case to the Deputy Commissioner of Labour concerned.
(6) Within 14 days of the receipt of the copy of the memorandum of appeal, the opposite party shall submit his comments on each paragraph of the memorandum with additional pleas, if any to the Deputy Commissioner of Labour with a copy to the appellant.
(7) The Deputy Commissioner of Labour shall record his decision after giving the parties to the appeal a reasonable opportunity of being heard. A copy of the decision shall be given to the parties to the appeal and the authority who passed the order appealed against returning his records of the case.
(8) On receipt of the decision of the Deputy Commissioner of Labour, the authority who passed the order appealed against, shall take further action in accordance with the decision of the Deputy Commissioner of Labour, as if it were an order passed under sub-rule (6) of rule 5.
1 The proviso added by G.O. Ms. No. 780, Labour and Employment, dated the 25th April, 1989, has been subsequently amended by G.O. (D) No. 281, Labour and Employment, dated the 15th March, 1991.
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Provided 3 [***] that the Commissioner of Labour may, by order in writing, on the representation made by either of the parties in this behalf or on his own accord, withdraw any case under this Act, pending before an authority and transfer the same to another authority for disposal. Such authority to whom the case is so transferred may, subject to the special direction in the order of transfer proceed either de nova or from the stage at which it was so transferred.]
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