Rule 13: Form, manner, time limits and fees for filing of appeal

Finin2min analysis — operative rule mechanics

Full notified text — Rule 13

13. Form, manner, time limits and fees for filing of appeal.–(1) The language of the Tribunal shall
be English:

    Provided that the parties to the proceedings before the Tribunal may file documents drawn up in
Hindi, if they so desire:

      Provided further that –

          (i) the Tribunal may, in its discretion permit the use of Hindi in the proceedings, but the
          final order shall be in English;

           (ii) the Tribunal hearing the matter, may in its discretion, direct English translation of
      pleadings and documents to be filed.

(2) (a) An appeal to the Tribunal shall be presented in Form-I by the appellant in person or by an
agent or by a duly authorised legal practitioner to the registry or any other officer authorised in
writing by the Registrar of the Tribunal to receive the same or be sent by speed post (with registration)
with acknowledgement due duly addressed to the Registrar.

    (b) The appeal under clause (a) shall be presented electronically or in triplicate in a paper-book
form along with one unused file size envelope bearing full address of the respondent:

           Provided that where the number of respondents is more than one, as many extra copies of
the appeal in paper-book form as there are respondents together with unused file size envelopes
bearing the full address of each respondent or electronically shall be furnished by the Appellant:

          Provided also that where the number of respondents is more than five, the Registrar may
permit the appellant to file the extra copies of the appeal at the time of issue of notice to the
respondents.

     (c) The Registrar shall cause to be issued an acknowledgement of receipt of the appeal
electronically or otherwise in Form-II.

(3) (a) The Registrar, or the officer authorised by him under sub-rule (2), shall endorse on every
appeal the date on which it is presented or deemed to have been presented under that rule and shall
sign the endorsement digitally or otherwise.

     (b) If, on scrutiny, the appeal is found to be in order, it shall be duly registered and given a
serial number.

     (c) If the appeal, on scrutiny, is found to be defective and the defect noticed is formal in
nature, the Registrar may allow the party to rectify the same in his presence, and if the defect is not
formal in nature, the Registrar shall give instruction to the appellant by speed post (with registration)
or electronic mail, to remove the defects within a period of fifteen days from the date of the receipt of
such intimation.

     (d) If the appellant fails to rectify the defect within the specified time under clause (c), the
Registrar may by order and for reasons to be recorded in writing, decline to register the appeal and
inform the appellant accordingly.

(4) The appeal shall ordinarily be filed by the appellant with the Registrar of such Tribunal within
whose jurisdiction —

          (i)       the cause of action has arisen, or

          (ii)      office of the respondent against whose order relief is sought, is located.

(5) (a) Every appeal filed with the Registrar shall be accompanied by a fee of rupees two thousand to
be remitted by electronic transfer or in the form of crossed demand draft on a scheduled commercial
bank in favour of the Registrar and payable at the main branch of that Bank at the station where the
seat of the said Tribunal is situated.

     (b) Any person aggrieved by an order passed under section 125 or section 128 may within a
period of sixty days from the date of issue of the order, prefer an appeal to the Tribunal:

     Provided that the Tribunal may, if it is satisfied that the appellant was prevented by sufficient
cause from preferring the appeal within sixty days, extend the said period by a further period of sixty
days:

     Provided further that no appeal by the employer shall be entertained by the Tribunal unless he
has deposited with the respective Fund constituted under section 16, by way of electronic transfer or
demand draft, a sum equal to twenty-five per cent of the amount due from him as determined under
section 125.

(6) Every appeal filed under sub-rule (2) shall set forth concisely under distinct heads the grounds for
such appeal and such grounds shall be numbered consecutively; and the appeal, including any
miscellaneous petition shall be filed electronically or typed in double space on both sides on thick
paper of good quality.

(7) (a) Every appeal being filed electronically or otherwise shall be accompanied by a paper-book
containing —

            (i)      a copy of the order against which the appeal is filed;

            (ii)     copies of the documents relied upon by the appellant and referred to in the appeal;
and

            (iii)    an index of the documents.

     (b) The documents referred to in clause (a) may be digitally signed or attested by a legal
practitioner or by a gazetted officer and each document shall be marked serially as Annexures A-1, A-
2, A-3 and so on.

     (c) Where an appeal is filed by an agent, document authorising him to act as such agent shall also
be appended to the appeal:

    Provided that where an appeal is filed by a legal practitioner, it shall be accompanied by a duly
executed ‗Vakalatnama‘ in digital format or otherwise.

(8) An appeal shall be based upon a single cause of action and may seek one or more reliefs provided
that they are consequential to one another.

(9) (a) Notices and processes to be issued by the Tribunal may be served electronically or by any of
the following modes as directed by the Tribunal, namely:–

            (i)     service by the party itself; or

            (ii)    by hand delivery (Dasti) through process server; or

            (iii)   by speed post (with registration) with acknowledgement due.

     (b) Where notice issued by the Tribunal is served by the party himself electronically or by
‗Hand delivery‘ (Dasti), he shall file with the registry of the Tribunal, the acknowledgement, together
with an affidavit of service.

     (c) Notwithstanding anything contained in clause (a), the Tribunal may, taking into account the
number of respondents and their places of residence or work and other circumstances, direct that
notice of the appeal shall be served upon the respondents electronically or in any other manner
including any manner of substituted service, as it appears to the Tribunal just and convenient.

     (d) Notwithstanding anything done under clause (a), the Tribunal may, in its discretion, having
regard to the nature and urgency of the case, direct the service of the notice on the Standing Counsels
appointed as such by the Central Government or any State Government or any other authority under
the Code, as the case may be.

    (e) Every notice issued by the Tribunal shall, unless otherwise ordered, be accompanied by a
copy of the appeal along with a copy of the paper-book.

     (f)    Every appellant shall pay a fee for the service or execution of process in such manner as
the Tribunal may direct under clause (c), such a sum, not exceeding the actual charges incurred in
effecting the service, as may be determined by the Tribunal.

     (g) The fee for the service or execution of processes under clause (c) shall be remitted in the
manner specified in sub-rule (5) within one week of the date of the order of the Registrar determining
the fee or within such extended time as he may permit.

     (h) Notwithstanding anything contained in clauses (a) to (d), if the Tribunal is satisfied that it
is not reasonably practicable to serve notice of appeal upon all the respondents, it may, for reasons to
be recorded in writing, direct that the appeal shall be heard notwithstanding that some of the
respondents have not been served with notice of the application:

      Provided that no appeal shall be heard unless -

         (i)     notice of appeal has been served on the Central Government or the State
Government or the Central Board if such Government or Board is a respondent;

           (ii) notice of appeal has been served on the authority which passed the order against
which the appeal has been filed; and

            (iii) the Tribunal is satisfied that the interests of the respondents on whom notice of the
appeal has not been served are adequately and sufficiently represented by the respondents on whom
notice of the appeal has been served.

(10)(a) Any person intending to contest the appeal, shall file electronically or in triplicate the reply to
the appeal and the documents relied upon in paper-book form with the registry of the Tribunal within
a period of thirty days of the service of notice of the appeal on him.

     (b) In the reply filed under clause (a), the respondent shall specifically, admit, deny or explain
the facts stated by the appellant in his appeal and may also state such additional facts as may be found
necessary for the just decision of the case and it shall be signed digitally or otherwise and verified as a
written statement by the respondent or any other person duly authorised by him in writing in the same
manner as provided for in order VI, rule 15 of the Code of Civil Procedure, 1908 (5 of 1908).

     (c) The reply referred to in clause (b) shall be filed along with the documents and the same
shall be marked as R-1, R-2, R-3 and so on.

     (d) The respondent shall also serve a copy of the reply along with documents as mentioned in
clause (c) on the appellant or his legal practitioner, if any, electronically or otherwise and file proof of
such service in the registry of the Tribunal.

      (e) Where the respondent fails to file the reply within the said period of thirty days, he shall be
allowed to file the reply on such other day, as may be specified by the Tribunal, for reasons to be
recorded in writing and on the payment of such costs as the Tribunal deems fit, but which shall not be
later than sixty days from the date of the service of notice on the respondent for such purpose.

(11) The Tribunal shall notify to the parties the date and the place of hearing of the appeal
electronically or otherwise in such manner as the presiding officer of the Tribunal may, by general or
special order direct.

(12) (a) The Tribunal shall draw up a calendar for the hearing of cases and, as far as possible, hear and
decide the cases according to the calendar;

(b) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), the appeal
under section 23, as far as practicable, shall be heard on a day-to-day basis and endeavour shall be
made to ensure that the same is decided within a period of one year.

(c) The Tribunal shall have the power to decline an adjournment and also to limit the time for oral
arguments.

(13) (a) Where on the date fixed for hearing of the appeal or on any other date to which such hearing
may be adjourned, the appellant does not appear when the appeal is called for hearing, the Tribunal
may, in its discretion, either dismiss the appeal for default or hear and decide it on merits.

(b) Where an appeal has been dismissed for default and the appellant files an application for
restoration of appeal within a period of thirty days from the date of dismissal and satisfies the
Tribunal that there was sufficient cause for his non-appearance when the appeal was called for
hearing, the Tribunal shall make an order setting aside the order dismissing the appeal and restore the
same:

    Provided that where the case was disposed of on merits, the decision shall not be reopened except
by way of review.

(14) (a) Where on the date fixed for hearing the appeal or on any other date to which such hearing
may be adjourned, the appellant appears and the respondent does not appear when the appeal is called
for hearing, the Tribunal may, in its discretion adjourn the hearing or hear and decide the appeal ex
parte.

     (b)      Where an appeal has been heard ex parte against a respondent or respondents, such
respondent or respondents may apply to the Tribunal for an order to set it aside and if such respondent
or respondents satisfy the Tribunal that the notice was not duly served or that he or they were
prevented by any sufficient cause from appearing when the appeal was called for hearing, the Tribunal
may make an order setting aside the ex-parte hearing as against him or them upon such terms as it
thinks fit, and shall appoint a day for proceeding with the appeal:

     Provided that where the ex-parte order is of such nature that it cannot be set aside as against one
respondent only, it may be set aside as against all or any of the other respondents also:

     Provided further that in cases covered by clause (h) of sub-rule (9), the Tribunal shall not set
aside ex-parte order of an appeal merely on the ground that it was not served upon the respondent or
respondents.

(15) (a) In case of death of a party during the pendency of the proceedings before the Tribunal, the
legal representatives of the deceased respondent or appellant may apply electronically or otherwise
within thirty days of the date of such death for being brought on record as necessary parties.

     (b) Where no application is received from the legal representatives of deceased party within
the period specified in clause (a), the proceedings against the deceased party shall abate:

     Provided that on good and sufficient reasons the Tribunal, on an application, may set aside the
order of abatement and substitute the legal representatives.

(16)       The Tribunal may, if sufficient cause is shown at any stage of proceedings, grant time to the
parties or any of them, and adjourn the hearing of the appeal.

(17)       Every order of the Tribunal shall be in writing and shall be signed digitally or otherwise by
the presiding officer who pronounced the order and the order shall be pronounced in open court.

(18)(a) Every final order passed on any appeal shall be communicated to the appellant and to the
respondent concerned either electronically or otherwise by hand delivery or by speed post (with
registration), free of cost.

     (b) If the appellant or the respondent to any proceeding requires a copy of any document or
proceeding, the same shall be supplied to him on such terms and conditions on payment of such fees
as may be fixed by the presiding officer in consultation with the Central Government by general or
special order, issued from time to time.

(19)       The Tribunal may make such orders or give such directions as may be necessary or
expedient to give effect to its orders or to prevent abuse of its process or to secure the ends of justice.

(20)       Except on Saturdays, Sundays and other public holidays, the office of the Tribunal shall,
subject to any order made by the presiding officer remain open from 9.30 A.M. to 6.00 P.M.

(21)      The sitting hours of the Tribunal shall, ordinarily, be from 10.30 A.M. to 1.30 P.M. and
2.30 P.M. to 5.00 P.M. subject to any general or special order made by the presiding officer.

(22)      (a) The Registrar shall have the custody of the records of the Tribunal and shall exercise
such other functions as are assigned to him under these rules or by the presiding officer by separate
order.

     (b)   The official seal shall be kept in the custody of the Registrar.

     (c) Subject to any general or special direction by the presiding officer, the seal of the Tribunal
shall not be affixed to any order, summons or other process save under the authority in writing of the
Registrar.

     (d) The seal of the Tribunal shall not be affixed to any certified copy issued by the Tribunal
save under the authority in writing of the Registrar.

(23)      In addition to the powers conferred elsewhere in these rules, the Registrar shall have the
following powers and duties subject to any general or special order of the presiding officer, namely:
—

            (i) to receive all appeals and other documents;

            (ii) to decide all questions arising out of the scrutiny of the appeals before they are
                 registered;

            (iii) to require any appeal presented to the Tribunal to be amended in accordance with the
                   Code and the rules;

            (iv) subject to the directions of the Tribunal, to fix the date of first hearing of the appeals
                 or other proceedings and issue notices thereof;

            (v) to direct any formal amendment of records;

            (vi) to order grant of copies of document to parties to the proceedings;

            (vii) to grant permission to inspect the records of the Tribunal;

            (viii) to dispose of all matters relating to the service of notices or other process for the
                  issue of fresh notices and for extending the time for filing such appeals and to grant
                  time not exceeding fifteen days for filing a reply or rejoinder, if any, and to place the
                  matter before the Tribunal for appropriate order after the expiry of the aforesaid
                  period;

            (ix) to requisition records from the custody of any court or other authority;

            (x) to receive applications, within sixty days from the date of death, for substitution of
              legal representatives of the deceased parties during the pendency of the appeals;

          (xi) to receive and dispose of applications for substitution, except where the substitution
would involve setting aside an order of abatement; and

            (xii) to receive and dispose of application by parties for return of documents.

(24) (a) A person preferring appeal to a Tribunal under section 23 may either appear in person or
take the assistance of a legal practitioner of his choice to present his case before the Tribunal.

     (b) The Central Government or a State Government or any other authority under the Code may
authorise one or more legal practitioner or any of its officers and every person so authorised may
present the case on its behalf with respect to any appeal before a Tribunal.

(25)      The official seal and emblem of the Tribunal shall be in a round shape bearing name of the
Tribunal in capital letters with the National Emblem in the Centre.

(26)       The dress for the presiding officer of the Tribunal and member of the staff of the Tribunal
shall be such as the presiding officer may specify by order from time to time.

(27)       A legal practitioner or, as the case may be, a presenting officer shall appear before the
Tribunal in his professional dress, if any, and if there is no such dress, then:

          (i)     if a male, in a closed collared coat and trousers or in a lounge suit;

          (ii)    if a female, in a saree, or any other customary dress of sober colour.

                                              CHAPTER IV

                       EMPLOYEES’ STATE INSURANCE CORPORATION

Application and evidence

1. Primary statutory test — (1) The language of the Tribunal shall be English:
2. Additional operative limb — Provided that the parties to the proceedings before the Tribunal may file documents drawn up in Hindi, if they so desire:
3. Qualification / exception to test — Provided that the parties to the proceedings before the Tribunal may file documents drawn up in Hindi, if they so desire:
4. Numerical or timing control — (c) If the appeal, on scrutiny, is found to be defective and the defect noticed is formal in nature, the Registrar may allow the party to rectify the same in his presence, and if the defect is not formal in nature, the Registrar shall give instruction to the appellant by speed post (with registration) or electronic mail, to remove the defects within a…
5. Code Section mapping — 23. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
6. Prescribed-form link recorded in the corpus — I, II. Confirm the current notified form/version before filing.

Cross-references & prescribed forms

Worked example

Q&A — Rule 13

Primary sources