Section 8 in West Bengal Workmen's House-Rent Allowance Rules, 1975
8. Appeal from the orders of Controlling Authority.
(1)The appeal under sub-section (4) of Section 5 shall be in the form of a memorandum setting forth concisely the facts of the case, grounds of objection to the order or direction against which the appeal is preferred and the relief sought for, and every such memorandum of appeal shall the accompanied by a certified copy of the Controlling Authority's order or direction, which is the subject mutter of the appeal.(2)A copy of the memorandum of appeal under sub-rule (1) shall be served by the appellant on all the opposite panics including the Controlling Authority, either by personal service after obtaining receipt or by registered post with acknowledgement due.(3)Within fourteen days of the receipt of a copy of the memorandum of appeal-(a)the Controlling Authority shall forward all the records of the case against which the appeal has been preferred, to the appellate authority; and(b)the opposite party shall submit his written statement containing comments on each paragraph of the memorandum of appeal and additional pleas, if any, to the appellate authority and the opposite party shall serve a copy of his written statement on the appellant either by personal service after obtaining receipt or by registered post with acknowledgement due.(4)The appellate authority shall record its decision after giving the parties to the appeal a reasonable opportunity of being heard and shall forward a copy of the decision to the parties concerned and the Controlling Authority and die records of the Controlling Authority received under sub rule (3) shall be returned to him by the appellate authority while forwarding a copy of the decision to him under this rule :Provided that if the appeal is disposed of ex-part or struck out or dismissed for default, the Appellate Authority can. within 30 days from the date of the order, restore it to file if sufficient cause be shown for non-appearance on the date of the hearing of the appeal of the respondent or of the appellant, as the case may be.(5)On receipt of the decision of the appellate authority, the Controlling Authority shall, if required under that decision, modify his direction under Rule 7 and issue a notice in Form E specifying the modified amount payable and directing payment thereof to the applicant, under intimation to the Controlling Authority within fifteen days of receipt of the notice by the employer and a copy of the notice shall be endorsed to the applicant workman, his authorised person or legal representative, as the case may be, and to the appellate authority.
