Section 5 in Tamil Nadu Payment of Subsistence Allowance Rules, 1981
5. Application for recovery of money due to an employee.
(1)The application under section 4 of the Act shall be made in duplicate in Form 3 or Form 4, as the case may be.(2)The application in Form 3 or Form 4 shall be sent by registered post acknowledgment due.(3)One copy of the application in Form 3 or Form 4 shall be sent by registered post acknowledgment due to the employer by the applicant.(4)On receipt of application referred to in sub-rule (1) as early as possible, a notice in Form 5 shall be sent to the employer and the applicant calling them to appear on such date and time specified therein. The employer by himself or through his representative shall appear and furnish all information and material relevant to the question of payment of subsistence allowance to the employee. The applicant or through his representative shall appear and produce all relevant documents available with him and furnish relevant information.(5)Any person desiring to act on behalf of the applicant or employee shall present a letter of authorisation in Form 6 or Form 7, as the case may be. The letter of authorisation shall be duly signed by applicant or the employer, as the case may be, attended by two witnesses.(6)[ After completion of hearing on the date fixed under sub-rule (4) or after such further evidence examination of documents hearing of witnesses and enquiry, as may be deemed necessary, an order shall be passed determining the amount, if any, that is payable to the employee with a direction that it shall be paid within 30 days of the receipt of such order.] [Substituted by G.O. Ms. 572, Labour and Employment, dated the 9th November 1990.](7)If any of the parties fail to appear on the specified date of hearing after due service of notice without sufficient cause, the application shall be determined as ex-parte and orders shall be passed on, merits:Provided that an order under this sub-rule may, on good cause being shown within thirty days of the said order, be reviewed and the application reheard after giving not less than fourteen days notice to the opposite party, of the date fixed for re-hearing of the application.
