105. Procedure in appeals. - (1) An appeal presented under section 107 shall lie to the Chief Inspector, or in cases where the order appealed against is an order passed by that officer, to the Labour Commissioner, Punjab, and shall be in the form of a memorandum setting forth concisely the grounds of objection to the order and bearing court-fees stamp in accordance with Article II of Schedule II to the Court-fees Act, 1870, and shall be accompanied by a copy of the order appealed against.
(2)Appointment of assessors. - On receipt of the memorandum or appeal, the appellate authority may, if it thinks fit or if the appellant has requested that the appeal should be heard with the aid of assessors, call upon the body specified in sub-rule (4) being the representative of the industry concerned to appoint an assessor within a period of 14 days. If any assessor is nominated by such body, the appellate authority shall appoint a second assessor itself. It shall then fix a date for the hearing of the appeal and shall give due notice of such date to the appellant and to the Inspector whose order is appealed against, and shall call upon the two assessors to appear upon such date to assist him in the hearing of the appeal.(3)The appellant shall state in the memorandum presented under sub-rule (1) whether he is a member of one or more of the following bodies :-(1)The Punjab Chamber of Commerce. New Delhi.(2)The Federation of Industries, Amritsar.(3)The Textile Manufacturers Association, Amritsar.(4)The Factory Owners' Association, Batala.(5)Desi Beopar Mandal, Ambala.(4)The body empowered to appoint the assessor shall -(a)if the appellant is a member of one of such bodies, be that body;(b)if he is a member of two such bodies, by the body which the appellant desires should appoint such assessor; and(c)if the appellant is not a member of any of the aforesaid bodies or if he does not state in the memorandum which of such bodies he desires should appoint the assessors, the body which the appellate authority considers as the best fitted to represent the industry concerned.(5)Remuneration of assessors. - An assessor appointed in accordance with the provisions of sub-rules (2) and (3) shall receive for the hearing of the appeal, a fee to be fixed by the appellate authority subject to a maximum of fifty rupees per diem. He shall also receive the actual travelling expenses. The fees and travelling expenses shall be paid to the assessor by Government; but where assessors have been appointed at the request of the appellant and the appeal has been decided wholly or Partly against him the appellate authority may direct that the fees and travelling expenses of the assessor shall be paid in whole or in Part by the appellant.
