Section 14 in The Bihar Industrial Employment (Standing Orders) Rules, 1947
14. [ Procedure for filing and hearing of appeals. [Substituted by S.O. 330 dated 12.3.1975.]
(1)The employer, the union or the representatives of workmen elected under Rule 8, as the case may be, desiring to prefer an appeal in pursuance of sub-section (1) of Section 6 of the Act shall draw up a memorandum of appeal setting out the grounds of appeal and forward it in quadruplicate to the Appellate Authority alongwith a copy of each of the certified standing orders and any modifications of or additions to the same.(2)The Appellate Authority shall give the appellant an opportunity of being heard and unless it comes to the conclusion that the decision of the Certifying Officer under sub-section (2) of Section 5 is contrary to the law or otherwise erroneous, it shall confirm the Standing Orders in the form certified by the Certifying Officer.(3)Where the Appellate Authority does not confirm the Standing Orders in the form certified by the Certifying Officer it shall fix a date for hearing of appeal and direct notice thereof to be given -(a)Where the appeal is filed by the employer, to the trade unions of the workmen of the industrial establishment, and where there are no such trade unions, to the Committee of Representatives of workmen elected under Rule 8;(b)Where the appeal is filed by a trade union to the employer and all other trade unions of the workmen of the industrial establishment; and(c)Where the appeal is filed by the Committee of Representatives of the workmen elected under Rule 8, to the employer.(4)The Appellant shall furnish each of the respondents with a copy of the memorandum of appeal.(5)The Appellate Authority may at any stage call for any evidence it considers necessary for the disposal of the appeal.(6)The Appellate Authority shall call for the final records from the Certifying Officer and may, if considers necessary, obtain the comments of the Certifying Officer setting out the grounds thereof before hearing the parties concerned.(7)On the date fixed under sub-rule (3) for the hearing of the appeals the Appellate Authority shall take such evidence as it may have called for or such evidence as it considers to be relevant.]
