(I) An appeal shall be preferred in duplicate in the form of a memorandum, one copy of which shall bear the prescribed Court-fee, setting forth concisely the ground of objection to the order dismissing either wholly or in part an application made under sub-section (2) of section (15) or a direction made under sub-section (3) of sub-section (4) of that section, as the case may be, and shall be accompanied by a certified copy of the said order or direction.
(2) When an appeal is lodged a notice shall be issued to the respondent in Form G.
(3) The Court after hearing the parties and after such enquiry, if any, as it may deem necessary, may confirm, vary or set-aside the order or direction from which the appeal is preferred, and shall make an order accordingly.
4 .
_ D ll2—A. Order or direction when to be ode—The authority or the Court, as the case may be, after the case has been eard, shall make the order or direction either at once, or, as soon thereafter as may be practicable, on some future - day, and when the order or direction15 to be made on some future day, it shall ’ fix a date for the purpose of which due notice shall be given to the parties or their pleaders.
13. Inspection of documents z—An employed person, or any employer or his representative, or any person permitted under sub-section (2) of Section 15 to apply for a direction, shall be entitled to inspect any application, memo- , randum of appeal, or any other document filed with the Authority or the Court, as the case may be, in a case to which he is a party, and may obtain copier theieof on the payment of such fees as may be prescribed.
FORM A Form of individual Application.
(See sub—section (2) of Section 15 of the Payment of Wages Act).
In the Court of the Authority appointed under the Payment of Wages Act, 1936 (IV of 1936) for. ........................................area Application No... . of 19 Between A. B. C "applicant“ (through.
..........
.a legal practitloner and oflimal of......
..
.
which is registered Trade Union) .
And X. YZ ...............................opposite party.
The applitant states as follows:
'
1. A. B. C. is a person employed in/on the .......................................
RAILWAY" Industrial establishihent and resides at ................
The address of the applicant for the service of all notices and process is ;
2. X. Y. Z., the opposite party, is the person responsible for the payment of his wages under section 3 of the Act, and his address for the services of all notices and process is .......................................
3(1) The applicant’s wages have not been paid for the following wage—period(s) (give dates).
or A sum of Rs.....................................................
, has been unlawfully deducted from his wages of.......
............................................. (amount) for the wage period(s) which ended on (give date(s)
(2) (Here give any further claim or explanation).
1. Inserted by Notification No. F. 79(7)«LAB/'PW/83/4088 dated the 29th October, 1984 published in the Tripura Gazette Extra-ordinary issue dated November, 17, 1984 A. D.
'C 11“ 5 4 The applicant estimates the value of the relief sought by him at the sum of rupees ...................................................
5. The applicant prays that a direction may be issued under sub—section
(3) of section (15) for—
(a) Payment of his delayed wages as estimated or such greater or lesser amount as the Authority may find to be due ..............................
or Refund of the amount illegally deducted ..........................................
(b) Compensation amounting to ................................................
The applicant certifies that the statement of facts contained in this application"is to the best of his knowledge and belief accurate.
Signature or thumb—impre-\ ssion of the employed person or legal practitioner or official of a registered trade union duly authorised.
FORM 3 Form of Group Application.
A t)(See sub-section (2) of Section 15 and section 16 of the Payment of Wages c .
In the Court of the Authority appointed under the Payment of Wages Act, 1936 (IV of 1936) for.................................... . ............area.
Application No. .. ..19 Between A.B.C.
and (State the number)........................other applications, (through a leagal Practlttoner/an ofl'ic1al of Which is a registered trade union).
And X. Y. Z............ . ..............................opposite party.
The applicants state as follows :—
1. The applicants whose names and permanent addresses appear in the attached Schedule are persons employed in the FACTORY entitled ....................... t. .....
0N RAILWAY :
industrial establishment.
The address of the applicants for service of all notices and process is:
2. X Y. Z. the opposite arty, is the person responsible for the payment of wages under section 3 of the ct, and his address for the service of all notices and process is ....................................
3. The applicants’ wages have not been paid for the following wage period(s) . .................................................................O. . . . I ...........
4. The applicants estimate the value of the relief sought by them at the sum of Rupees ...... . ................. . ............... ..........................
5. The applicants pray that a direction may be issued under sub-section(3) of section 15 for—
(a) Payment of applicant’s delayed wage as estimated ........................
or such greater or lesser amount as the Authority may find to be clue.
(b) Compensations amounting to .................................
6 The applicants certify that the statement of facts contained in this appli~ cation is to the best of their knowledge and belief accurate.
\ Signature or thumb-impre— ssion of two the applicants, or legal practitioner or an official of a registered trade union duly suthorised.
SCHEDULE Sl.No. Name of applicant Permanent address 1 2 p 3 FORM ‘C’ Form of Application by an Inspector or person permitted by the Authority or authorised to act.
(See subsection (2) of section 15 and section 16 of the Payment of Wages Act) In the Court of the Authority appointed under the Payment of Wages Act for ....................................................................................area.
Application No......... ....... . ..... .........
Between........................... ,. .........
A.B.C. (designation) .................. an Inspector under the Payment of Wages Act or a person permitted by the authority to act under sub-section (2) of section 15 ................................................................................applicant.
And X.Y.Z. ............................... ..
...the opposite party.
The applicant states as follows:
1. X.Y.Z., the opposite party, is the person responsible under the Act for the payment of wages to the following person(s) whose names and permanent addresses are given below :
rte-tempu—
2. His address for the service of all notices and processesis ;
3. The wages of the said person(s) whose names and permanent addresses are given above due in respect of the following wage period(s) . have not been paid. Have been subjected to the following illegal deductions ...............................................................................
4. The applicant estimates the value of the relief sought for the person(s) employed at the sum of Rs. ...........................
7 ~ 5, The applicant prays that a direction may be issued under sub-section (3) of Section 15 for —
(a) Payment of the delayed wages as estimated or such greater or lesser amount as the Authority may find to be due ; Or Refund of the amount illegally deducted.
(b) Compensation amounting to ..........................................
The applicant certifies that the statement of facts contained in this applica-tion is to the best of his knowledge and belief accurat Signature FORM D CERTIFICATE OF AUTHORISATION ' legal practitioner I/We employed person(s) hereby authorise a an oflicial of which is registered trade union to act on my/our behalf undensfiction 15 and_17 of the Payment of Wages Act 1936 (IV of 1936) in respect ofthe claim against ...on account.
of the { delay in payment } my/our wages illegal deductions from FOR Witness (1) Signatures (l) '
(2) '
(2) - o)“- (3)
(4) (4) 3' $ * * .
* . It Signatur'e' I accept the authorisation Legal Practioner Oflicial of a registered trade union FORM E ‘ NOTICE FOR THE DISPOSAL OF APPLICATION To ‘ e'q Whereas under the Payment of Wages Act. 1936 (IV of 1936) a claim against you has been presented to me in the application of which a copyiis enclosed, you are hereby called to appear before me either in person or by any person duly 8 instructed, and able to answer all material questions relating to the application or who shall be accompanied by some person able to answer all such question on the day of ‘ 19 at ‘0 clock in the fore/after noon to answer the claim ; and as the day fixed for your appearance is appointed for the final disposal of the application you must be prepared to produce on that day all the witnesses upon whose evidence, and the documents upon which you intend to reply in support of your defence. at!
7“ Take notice that in default of your appearance on the day before mentioned;
the application will be heard and determined in your absence.
Give under my hand seal, this ........................day of 19 Authority.
Seal.
FORM F RECORD OF ORDER OR DIRECTION :
Serial Number .....................
Date of application .......................................
Name or names, parentage, address or addresses of the applicant, some, or all of the applicants belonging to the same unpaid groups :
4. Name and address of the employer ...... . .....
5. Amount claimed 7
(a) As delayed Wages :Rs
(b). As deducted from wages : Rs ................
6. Plea of the employer and his examination (if any).
Finding and a brief statement of the reasons therefor :
8. Amount awarded —
(a) Delayed wages... . .
(b) Dedueted wages.......
9. Compensation awarded . ..
10. Penalty imposed...
ll. Cost awarded to —
(i) Court-fee charges .......
(ii) Pleader’s fee...
(iii) Witnesses’ expenses g . Signed — Date — Note :—In case where an appeal lies attach on a separate sheet the substance of the evidance.
9 FORM G NOTIFICATION TO RESPONDENT OF THE DAY FIXED FOR THE HEARING OF THE APPEAL UNDER SECTION 17 OF THE PAYMENT OF WAGES ACT, 1936.
...... area, dated p ndent. - Take notice that an appeal of which a copy is enclosed from the decision of the Authority for ........................ area has been presented by X.Y.Z., (and others) and registered in this Court, and that the.. .............day of............ 19, has been fixed by this Court for the hearing oft is appeal.
Appeal from the decision of the Authority for the..
the.... .........day of..................... l9 .....................
If no appearance is made on your behalf by yourself or by some one by law authorised to’act for you in this appealr it will be heard and decided in your absence.
Given under my hand and the seal of the Court, this ................. :day of ............ ...19......‘.
Sell Judge v1"