BIE Rules 7B

Section 7B · Section 7B

(1)

Any person desiring to prefer an appeal in pursuance of sub section (1) of section 6 shall draw up a memorandum of appeal setting out the grounds of appeal and forward it in quintuplicate to the appellate authority accompanied by one set of certified copies of the certified Standing Orders and of the order of the Certifying Officer under sub-section (2) of section 5.

(2)

The appellate authority shall, after giving the appellant an opportunity of being heard, confirm the Standing Orders in the form certified by the Certifying Officer unless it considers that there are reasons for giving the other parties to the proceeding a hearing before a final decision is made in the appeal.

(3)

Where the appellate authority does not confirm the Standing Orders under sub-rule (2) it shall fix a date for the hearing of the appeal and notice thereof to be given-

(a)

where the appeal is filed by the employer or a workman, to the trade union or unions of the workmen named by the employer or the workman or to any other trade union or unions which may be known to such appellate authority as concerned with the establishment or establishments to which the Standing Orders relate, and where there is or are no such trade union or unions, to the workmen of such establishment or establishments by affixing it on the notice board at the office of the appellate authority and of the establishment or establishments concerned ;

(b)

where the appeal is filed by a trade union, to the employer and all other trade unions of the workmen of the establishment or establishments concerned.

(4)

The appellant shall furnish each of the respondents with a copy of the memorandum of appeal.

(5)

The appellate authority may at any stage call for any evidence it considers necessary for the disposal of the appeal.

(6)

On the date fixed under sub-rule (3) for the hearing of the appeal, the appellate authority shall take such evidence as it may have called for or considers to be relevant.

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