GDDSE Act 40अध्याय VII · Wages

धारा 40 · Appointment of authority to hear and decide appeals arising out of termination of service

(1)

(a)

The Government may, by notification, appoint an authority to hear and decide appeals arising out of the termination of service of employees under section 39.

(b)

Any employee whose service has been terminated may appeal to the authority concerned within such time and in such manner as may be prescribed.

(2)

The authority may, after inquiring in the prescribed manner, dismiss the appeal or direct the reinstatement of the employee with or without wages for the period he was kept out of employment or direct payment of compensation without reinstatement or grant such other relief as it deems fit in the circumstances of the case.

(3)

Against any decision of the authority under sub-section (2), a second appeal shall lie to the Labour Court constituted under section 7 of the Industrial Disputes Act, 1947 (Central Act 14 of 1947) within thirty days from the date of communication of the decision and the decision of the Labour Court on such appeal shall be final and binding on both the employer and the employee and shall be given effect to within such time as may be specified in the order of that Court.

(4)

Any amount directed to be paid under this section may be recovered-

(a)

if the authority is a Magistrate, by the authority, as if it were a fine imposed by him as Magistrate; and

(b)

if the authority is not a Magistrate, by any Magistrate to whom the authority makes application in this behalf, as if it were a fine imposed by such Magistrate.

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