Rule 15: Disposal of appeal

Finin2min analysis — operative rule mechanics

Full notified text — Rule 15

15. Disposal of appeal.–– (1) An employer or Trade Union or the negotiating union or negotiating council, or where
there is no negotiating union or negotiating council in an industrial establishment or undertaking, any union or such
representative body of the workers of the industrial establishment or undertaking, may prefer an appeal against the
order of the certifying officer made under sub-section (5) of section 30 of the Code within sixty days of the receipt of
such order, and for that purpose draw up a memorandum of appeal in a tabular form stating therein the provisions of
the standing orders which are required to be altered or modified or deleted or added along with the reasons therefor, and
file it electronically or in person with the appellate authority.

(2) The appellate authority shall fix a date for the hearing of the appeal and direct notice thereof to be given, ––

    (a) where the appeal is filed by the employer, to Trade Union or the negotiating union or negotiating council, as the
    case may be, or where there is no negotiating union or negotiating council in an industrial establishment or
    undertaking, any union or such representative body of the workers of the industrial establishment or undertaking;
    (b) where the appeal is filed by a Trade Union or the negotiating union or negotiating council, to the employer and
    the negotiating union or the negotiating council or all other Trade Unions of the workers of the industrial
    establishment, as the case may be, or where there is no negotiating union or negotiating council in an industrial
    establishment or undertaking, any union or such representative body of the workers of the industrial establishment
    or undertaking; and
    (c) where the appeal is filed by a representative body of the workers, to the employer and other Trade Unions of
    the workers of the industrial establishment, or where there is no trade union of the workers in an industrial
    establishment or undertaking, any other worker who joins as a party to the appeal.

(3) The appellant shall furnish each of the respondents with a copy of the memorandum of appeal referred to in sub-rule
(1).

(4) The appellate authority may, at any stage of the proceeding call for any evidence, if it considers necessary for the
disposal of the appeal.

(5) On the date fixed under sub-rule (2) for the hearing of the appeal, the appellate authority shall take such evidence as
it considers relevant, if produced, and after hearing the parties, dispose of the appeal.

Application and evidence

1. Primary statutory test — (1) An employer or Trade Union or the negotiating union or negotiating council, or where there is no negotiating union or negotiating council in an industrial establishment or undertaking, any union or such representative body of the workers of the industrial establishment or undertaking, may prefer an appeal against the order of the certifying officer made under sub-section (5) of section 30 of the Code within…
2. Additional operative limb — (2) The appellate authority shall fix a date for the hearing of the appeal and direct notice thereof to be given, –– (a) where the appeal is filed by the employer, to Trade Union or the negotiating union or negotiating council, as the case may be, or where there is no negotiating union or negotiating council in an industrial establishment or undertaking, any union or such representative body of the workers of the…
3. Numerical or timing control — Disposal of appeal.–– (1) An employer or Trade Union or the negotiating union or negotiating council, or where there is no negotiating union or negotiating council in an industrial establishment or undertaking, any union or such representative body of the workers of the industrial establishment or undertaking, may prefer an appeal against the order of…
4. Code Section mapping — 32. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
5. Evidence file — retain facts and records proving the role/status of: Employer, Worker, Authority / officer, Trade union.

Cross-references & prescribed forms

Worked example

Q&A — Rule 15

Primary sources