Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Tamilnadu - Section

Section 30 in Tamil Nadu Handloom Worker (Conditions of Employment and Miscellaneous Provisions) Rules, 1982

30. Appeal under section 37.

(1)An appeal under section 37 shall be preferred to the Labour Officer having jurisdiction over the area within 30 days from the date of service of the order dispensing with his service with the employer, such service to be deemed effective, if carried out either personally or if that be not practicable by prepaid registered post to his last known address, when the date of such service shall be deemed to be the date when the letter would reach the addressee in ordinary course of post:Provided that an appeal after the said period or thirty days may be admitted if the appellant satisfies the appellate authority that ne had sufficient cause for not preferring the appeal within that period,
(2)After admitting the appeal, the appellate authority shall give due notice to both the parties and after giving them a reasonable opportunity of being heard pass such orders as he may deem fit as required under sub-section (2) of section 37.
(3)The procedure to be followed by the appellate authority when hearing the appeals preferred to it under sub-section (2) of section 37 shall be summary. It shall record briefly the evidence adduced and, then, pass orders giving its reasons therefor.
(4)An authenticated copy of the order shall be sent to each of the parties, either in person or by registered post acknowledgement due.
(5)If the employer or his representative fails to appear on the specified date, the appellate authority may proceed to hear and determine the appeal ex party on merits.
(6)If the appellant fails to appear on the specified date, the appellate authority may dismiss the appeal.
(7)Notwithstanding anything contained in sub-rules (5) and (6), an order passed under either or those sub-rules may be set aside and the appeal reheard on good cause being shown within one month of the date of the said order, notice being served on the opposite party of the date fixed for such rehearing.