(3)For the purposes of sub-rule (2), a person shall be deemed to have availed of all the remedies available to him under the Act:(a)if he had filed an appeal before the First Appellate Authority and the First Appellate Authority or any other person competent to pass order on such appeal had made a final order on the appeal; or(b)where no final order has been made by the First Appellate Authority with regard to the appeal preferred, and a period of forty five days from the date on which such appeal was preferred has elapsed.
