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[Cites 0, Cited by 0] [Section 16] [Entire Act]

Union of India - Subsection

Section 16(2) in The Employees' Provident Funds Appellate Tribunal (Procedure) Rules, 1997'

(2)Where an appeal has been heard ex parte against a respondent or respondents, such respondent or respondents may apply to the Tribunal for an order to set it aside and if such respondent or respondents satisfy the Tribunal that the notice was not duly served or that he or they were prevented by any sufficient cause from appearing when the appeal was called for hearing, the Tribunal may make an order setting aside the ex parte hearing as against him or them upon such terms as it thinks fit, and shall appoint a day for proceeding with the appeal:Provided that where the ex parte order on the appeal is of such nature that it cannot be set aside as against one respondent only, it may be set aside as against all or any of the other respondents also:Provided further that in cases covered by sub-rule (8) of rule 11, the Tribunal shall not set aside ex parte order of an appeal merely on the ground that it was not served upon a respondent or respondents.