Section 37 in The Tamil Nadu Catering Establishments Rules, 1959
37. [] [Re-numbered by S.R.O. No. A-1/76, dated the 30th December, 1975.] Appeals under section 19.
- [(1) The Assistant Commissioners of Labour (Conciliation) or the Labour Officers in their respective areas assigned to them by the Commissioner of Labour shall be appellate authorities for the purposes of hearing appeals under sub-section (2) of section 19 and such appeal shall be preferred by the employees within thirty days from the date of service of the order dispensing with his services 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:] [Substituted by G.O. Ms. No. 992, Labour, dated the 18th May, 1985.]Provided that an appeal may be admitted after the said period of thirty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.(2)The notices to be given under clause (b) of sub-section (2) of section 19 shall be in [Form No. DC] [Substituted by S.R.O. No. A-428 of 1966, dated the 12th April, 1966 for 'Form No. VII'.] to the employer and in [Form No. X] [Substituted by G.O. Ms. No. 1753, Industries, Labour and Housing (Labour), dated the 12th April, 1966, for 'Form No. VIII'.] to the employees. The notice shall be sent to the parties by registered post acknowledgment due.(3)The procedure to be followed by the appellate authority when hearing the appeals preferred to it under sub-section (2) of section 19 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 furnished to each of the parties, either in person or by registered post acknowledgment due.(5)Additional copies of the order shall be supplied to the parties only on an application accompanied by the requisite copy stamp papers.(6)[ 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-parte.] [Inserted by S.R.O. No. A-506 of 1963, dated the 1st May, 1963.](7)If the appellant fails to appear on the specified date, the appellate authority may dismiss the appeal.(8)Notwithstanding anything contained in sub-rules (6) and (7), an order passed under either of those sub-rules may be set aside and the appeal re-heard 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 re-hearing.
