Section 32 in West Bengal Shops and Establishments Rules, 1964
32. Procedure for dealing with applications for recovery of wages.
(1)Any Person desiring to act on behalf of any person employed shall present to the referee a brief written statement explaining his interest in the matter and praying for permission so to act the referee shall record thereon an order specifying in the case of a refusal to grant permission prayed for, the reasons for the refusal.(2)Applications under rule 31 or order documents relevant to such applications shall be presented in person to the referee at any time during hours to be fixed by the referee or shall be sent to the referee by registered post, and the referee shall at once endorse or cause to be endorsed on each such application or other document the date of presentation on receipt thereof, as the case may be.(3)On receipt of an application under rule 31, the referee shall, by issuing a notice in Form 0 call upon the applicant as well as the shop-keeper or the employer, as the case may be, to appear before him on a specified date not being earlier than fourteen days after date of service of the notice together with all relevant documents and witnesses, if any.(4)If the shop-keeper or the employer, as the case may be, fails to appear on the specified date the referee may proceed to hear and determine the application ex parte.(5)If the applicant fails to appear on the specified date, the referee may dismiss the application :Provided that an order under sub-rule (4) or sub-rule (5) may, on good cause being shown within one month of the date of the said order, be set aside and the application reheard after giving not less than fourteen days' notice to the opposite party of the date fixed for the rehearing of the application.
