(1) An appeal under clause (b) of sub-section (2) of Section 12 shall be preferred to the Chief Inspector of Factories in respect of the factories and the Chief Inspector of Plantations in respect of the plantations, in Form 'G'.
(2) An appeal may be made in writing and either handed over personally or sent under a registered cover to the Chief Inspector of Factories in respect of the factories and Chief Inspector of Plantations in respect of the plantations.
(3) When an appeal is received, the Chief Inspector of Factories in respect of the factories and Chief Inspector of Plantations in respect of plantations shall furnish a copy of the memorandum of appeal to the employer, call for his reply thereto and also ask him to produce documents connected with the matters in issue of the appeal by a fixed date. The Chief Inspector of Factories in respect of the factories and Chief Inspector of Plantations in respect of the plantations may ascertain further details, if necessary, from the employer as well as from the woman. On considering the facts presented to him and ascertained by him, the Chief Inspector of ' Factories in respect of the factories and Chief Inspector of Plantations in respect of the plantations shall give his decision. In case the employer fails to submit his reply or produce the required documents within the specified period, the Chief Inspector of Factories in respect of the factories and Chief Inspector of Plantations in respect of the plantations may g ive the decision ex parte.
10. Complaint under Section 17 [Section 17(1)]. ----(1) A complaint under sub-section (1) of iection 17 shall be made in writing in Form 'H' or 'I' as the case may be.
(2) When a complaint referred to in Section 17 is received by an Inspector, he shall examine the relevant records maintained by the employer in this behalf, examine any person employed in the factory/plantation and take down necessary statement for the purpose of the enquiry and if he is satisfied that the maternity benefit or the amount has been improperly withheld, he shall direct the employer to make the payment to the woman or to the person claiming the payment under Section 7 as the case may be, immediately or within a specified period.
11. Appeal under Section 17 [Section 17(3).] —(1) An appeal against the decision of the Inspector under sub-section (2) of Section 17 shall lie to the Labour Commissioner.
(2) The aggrieved person shall prefer an appeal in writing to the Labour Commissioner in Form 'J' and file other supporting documents.
(3) When an appeal is received the Labouf, Commissioner shall call from the Inspector before a fixed date, the rccord of the case and shall, if necessary, also record the statements of the aggrieved person, and of the Inspector and seek clarification, if required.
(4) Taking into account the documents, the evidence produced before him and the facts presented to him or ascertained by him the Labour Commissioner shall give his decision.