lf o finding ti recerded tinder sub-rule (3) of Rule 6 that the applicant is entitled to payment of house-rent allowance under the Act, the Controlling Authority shall issue a notice to the employer concerned in Form D specifying the amount payable and directing payment thercof to the applicant under intimation ta the Controlling Authority within thirty days from the date of receipt of the notice and a copy of the notice shall be endorsed to the applicant employee, his authorised person or hit legal representative, as the case may be.
269 West Bengal Labour Garerte—200) (Volume I) & Appeal from the orders of Controlling Authority.—-(1) The appeal under sub-section (4) of Section 5 shall be inthe fonm of amemorandum setting forth concisely the facts of the case, erounds of objection to the order or direction ipainst which the appeal is prefered and the relief sought for, and every such memoranium of appeal shall be accompanied by a certified copy of the Controlling Authority's order or direction, which is the subject mutter of the appeal.
(2) Acopy of the memorandum of appeal under sub-rule (|) shall be served by the appellant on all the opposite parties including the Controlling Authority, either by personal service after obtaining receipt or by registered post with acknowledgement due.
(3) Within fourteen days of the receipt of a copy of the memorandum of appeal—
(a) the Controlling Authonty shall forwurd all the records of the case against which the appeal has been preferred, to the appellate authority;
and
(b) the opposite party shall submit his written statement contuining comments an ech paragraph of the memorandum of appeal and additional pleas, if any, tothe appellate authority and the opposite party shall serve a copy-of his written-statement on the appellant elther by personal service after obtaining receipt or by registered post with acknowledpement dwe
(4) The appellate authority shall record its decision after giving the parties to the appeal a reasonable opportunity of being heard and shall forward a copy of the decision to the parties concemed and the Controlling Authority and the records of the Controlling Authority received under sub mile (3) shall be retumed to him by the appellate authority while forwarding a copy of the decision to him under this mule :
Provided that ifthe appeal is disposed of ex-partorstruck-out ordismissed for deafult, the Appellate Authority can, within 30 days from the date of the order, restore it to file if sufficient cause be shown for non-appearance on the date of the hearing of the appeal of the respondent or of the appellant, as the case may be.
(3) On receipt of the decision of the appellate authority, the Controlling Authority shall, ifrequired under that decision, modify his direction under Rule T and issue a notice in Form E specifying the modified amount payable and directing payment thereat to the applicant, under intimation to the Controlling Authority within fifteen days of receipt of the notice by the employer and a copy of the notice shall be endorsed to the applicant workman, his authorised person or legal representative, as the case may be, and to the appellate authority, 270 West Bengal Workmen's House-Rent Allowance Rules, 1975 9, Maintenance of records of cases by the Controlling Authority.—(1) The Controlling Authority shall record the particulars of each ease in Form F and at the time of passing order shall sign and date the particulars 60 recorded,
(2) The Controlling Authority shall, while passing orders in each case, also record the substinee of the evidence adduced in the case us an appendix to the order,
(3) Any record, other than-a record of any order or direction which Is required by these rules to be signed hy the Controlling Authority, may be signed on his behalf and under his direction by any subordinate officer uppointed in writing for this purpose by the Controlling Authority.
10, Copies of decision, records and documents.—(1) Any workman or employer or a representutive of the workman or a employer shall be entitled to inspect any application, document or record filed with the Controlling Authority in relation to a-case on payment of the requisite fees specified in the Schedule appended to these rules:
(2) An application for copy under sub-rule (1) shall be in Form Gand shall be presented in person to the Controlling Authority or shall be sent to him by registered post and shall be accompanied with afeeof seventy-five paise, which shall be paid in court-fee stamp affixed to the application.
(3) All copies shall be prepared on folios, and if it be not possible at once to inform the applicant what court-fee stamp and folios will be required in respect of the copies applied for, the requisite information shall be communicated to the applicant-as soon a3 may be possible thereafter, but not later than seven days from the date on which the application is received by noting on the counterfoil portion of the application,
(4) In the case of certified copies, the court-fee chargeable under the West Bengal Court-fees Act, 1970 (West Bengal Act X of 1970), shall be levied affixing the necessary stamp to the first folio of the copy.
(5) On receipt of the information referred to in sub-rule (3), the applicant shall present the requisite folios and court-[ee stamps to the controlling authority along with the counterfail of his original application, on which the receipt of the court-fee stamps and folios filed shall be acknowledged. and the.
date on which the copy will be ready for delivery noted and the counterfoil shall then be returned to the applicant.
(6) If the requisite folios and court-fee stamps are not filed within seven days from the date on which the information referred to in sub-rule (3) is communicated to the applicant, the application shall be liable to be struck off and an application so struck off shall not be revived, but in such case, a fresh application may be made.
271 West Benge! Labour Gazette-201) (Velume [f)
(7) Urgent copies shall ordinarily be ready on the day following the date of payment of the urgent fees specified in this behalf in the Schedule and compliance with other requisites, 11, Register of application for copies.—Application for copies shall be numbered consecutively and entered in-a register maintained for the purpose in Form A.