(1) (a) The Chief Inspector may, by notification, appoint for any area as may be specified therein, any authority to hear and decide appeals arising out of the termination of service of employees under section 47:
Provided that the Chief Inspector may on administrative grounds transfer any appeal arising in the territorial jurisdiction of any authority to the file of another authority for disposal, and such authority to whom the appeal is Appointment of authority to hear and decide appeals arising out of termination of services.
[Act No.20 of 1988] 33 transferred by the Chief Inspector shall dispose of the appeal so transferred.
(b) Any employee whose services have been terminated may appeal to the authority concerned within such time and in such manner as may be prescribed.
(2) The appellate authority may, after inquiry in the prescribed manner, dismiss the appeal or direct the reinstatement of the employee with or without wages for the period he was kept out of employment or direct payment of compensation without reinstatement or grant such other relief as it deems fit in the circumstances of the case:
Provided that the authority concerned shall, without delay, hear such appeal and pass such orders within a period of three months from the date of receipt of such appeal:
Provided further that where any such authority considers it necessary or expedient so to do, it may, for reasons to be recorded in writing, extend such period by such further period as it may think fit:
Provided also that no proceedings before such authority shall lapse merely on the grounds that any period secified in this sub-section had expired without such proceedings being completed.
(3) Against any decision of the authority under subsection (2), a second appeal shall lie to such authority as may be notified by the Government within thirty days from the date of communication of the decision and the decision of such authority on such appeal shall be final and binding on both the employer and the employee and shall be given effect to within such time as may be specified in the order of that authority:
34 [Act No.20 of 1988]
Provided that the second appeal shall not be entertained unless the employer deposits the entire amount of back wages as ordered by the appellate authority under sub-section (2) or the amount of compensation ordered as the case may be:
Provided further that if the second appeal is against the order of reinstatement given by the appellate anthority under sub-section (2), the employee shall be entitled to wages last drawn by him during the pendency of the proceedings before the appellate authority.
(4) Where in any case, an appellate authority by its award directs reinstatement of any employee and the employer challenges such award in any court of Law, the employer shall be liable to pay such employee during the pendency of such proceedings, full wages last drawn by him, if the employee had not been employed in any establishment during such period and an affidavit by such employee had been filed to that effect in such Court:
Provided that where it is proved to the satisfaction of the court that such employee has been employed and has been receiving remuneration during any such period or part thereof the Court shall order that no wage shall be payable under this section for such period or part, as the case may be.
(5) Any amount directed to be paid under this section may be recovered,-
(a) if the authority appointed under sub-section (1) is a Magistrate, by the authority, as if it were a fine imposed by him as Magistrate; and [Act No.20 of 1988] 35
(b) if the authority is not a Magistrate, by any Magistrate to whom the authority makes application in this behalf as if it were a fine imposed by such Magistrate.
49. Where the ownership or management of an establishment is transferred, whether by agreement or by operation of law, from the employer in reIation to that establishment to a new employer, every employee who has been in continuous employment for not less than six months in that establishment immediately before such transfer shall be entitled to the notice and the service compensation in accordance with the provisions of sub-section (1) of section 47:
Provided that nothing in this section shall apply to an employee in any case where there has been a change of employers by reason of the transfer, if-
(a) the employment of the employee has been interrupted by such transfer;
(b) the terms and conditions of employment applicable to the employee after such transfer are not in any way less favourable to the employee than those applicable to him immediately before such transfer; and
(c) the new employer is under the terms of such transfer or otherwise, legally liable to pay to the employee in the event of termination of his services, service compensation on the basis that his employment has been continued and has not been interrupted by the transfer.
Notice and payment of service compensation to employees in the case of transfer of establishment.
36 [Act No.20 of 1988]
CHAPTER-IX APPOINTMENT, POWERS AND DUTIES ETC., OF THE AUTHORITY TO HEAR AND DECIDE CLAIMS RELATING TO WAGES ETC. OF EMPLOYEES IN ESTABLISHMENTS.
50. The Government may, by notification, appoint an authority to hear and decide for any specified area all claims arising out of deductions from the wages or delay in payment of the wages or service compensation payable under this Act to employees in any establishment in that area.