Section 18 in Bihar Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Rules, 1980
18. Appeals and procedure.
(1)(i)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 with A/D.(ii)The memorandum shall be accompanied by a certified copy of the order and Treasury Challan for Rs. 25 (Rupees twenty-five) only.(2)The memorandum shall set forth precisely and under distinct heads the ground of appeal to the order appealed from.(3)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 a period of fifteen days.(4)Where the Appellate Officer rejects the memorandum of appeal under sub-rule (3), he shall record the reasons for such rejection and communicate the same to the appellant.(5)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.(6)(i)When the appeal has been admitted, the Appellate Officer shall send a notice to the Registering Officer, the Licensing Officer, as the case may be, from whose order the appeal has been preferred. The Registering Officer and the Licensing Officer, as the case may be, shall thereupon send the record of the case to the Appellate Officer.(ii)On receipt of the record, the Appellate Officer shall send a notice to the appellant to appear before him on such date and time as may be specified in the notice for the hearing of the appeal.(7)If, on the date so fixed for the hearing, the appellant does not appear, the Appellate Officer may dismiss the appeal for default of appearance of the appellant.(8)(i)Where an appeal has been dismissed under sub-rule (7), the appellant may apply to the Appellate Officer for re-admission of the appeal, and where it is proved that he was prevented by any sufficient cause from appearing when appeal was called on for hearing, the Appellate Officer shall restore the appeal on its original number.(ii)An application under clause (i) shall unless the Appellate Officer extends the times for sufficient reason, be made within thirty days from the date of dismissal.(9)(i)If the appellant is present when the appeal is called on for hearing, the Appellate Officer shall proceed to hear the appellant or his 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.(ii)The judgement of the Appellate Officer shall state the points for determination, decisions thereon and the reasons for the decisions.(iii)The order shall be communicated to the appellant and a copy thereof shall be sent to the Registering Officer or the Licensing Officer, as the case may be, from whose order the appeal has been preferred.
