Section 18 in The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Orissa Rules, 1980
18. Appeals and procedure.
(1)Every appeal under Section 11 shall be Preferred in the form of a memorandum signed by the appellant or his authorised agent and presented to the Appellate Officer in person or sent to him by registered post.(2)The memorandum shall be accompanied by a certified copy of the order and a treasury receipt showing payment of [one hundred and fifty rupees] [Substituted vide Orissa Gazette Extraordinary No. 532 dated 30.3.2005.].(3)The memorandum shall set forth precisely and under distinct heads the grounds of appeal to the order appealed from.(4)Where the memorandum of appeal does not comply with the provisions of Sub-rule (2) it may be rejected or returned to the appellant for the Purpose of being amended within the time to be fixed by the Appellate Order.(5)Where the Appellate Officer rejects the memorandum of appeal under Sub-rule (4) he shall record the reasons for such rejection and communicate the same to the appellant.(6)Where the memorandum of appeal is in order, the Appellate Officer shall admit the appeal, endorse thereon the date of presentation and shall register the appeal in the register of appeals kept for the purpose.(7)When the appeal has been admitted, the Appellate Officer shall send a notice to the Registering Officer or the Licensing Officer, as the case may be, from whose order the appeal has been preferred. The Registering Officer or, as the case may be, the Licensing Officer shall thereupon send the record of the case to Appellate Officer.(8)On receipt of the record under Sub-rule (7) the Appellate Officer shall send a notice to the appellant to appear before him on Such date, time and place, as may be specified in the notice, for the hearing of the appeal.(9)If on the date fixed for the hearing, the appellant does not appear, the Appellate Officer may dismiss the appeal for default of appearance of the appellant.(10)Where an appeal has been dismissed under Sub-rule (9), the appellant may apply to the Appellate Officer for the readmission of the appeal, and where it is proved that he was prevented by any sufficient cause from appealing when appeal was called on for hearing, the Appellate Officer shall restore the appeal on its original number.(11)An application under Sub-rule (10) shall, unless the Appellate Officer extend the time for sufficient reason, be made within thirty days of the date of dismissal.(12)If the appellant is present when the appeal is called on for hearing, the Appellate Officer shall proceed to heat the appellant or authorised agent, and any other person summoned by him for the purpose, and pronounce judgement on the appeal either confirming, reversing or modifying the order appealed from.(13)The judgement of the Appellate Officer under Sub-rule (12) shall state the points for determination, decisions thereon and the reasons for the decisions.(14)The order shall be communicated to the appellant and a copy thereon shall be sent to the Registering Officer or the Licensing Officer, as the case may be, from whose order the appeal has been preferred.
