Power of Government to appoint authorities for hearing and deciding claims and complaints

(1) The Government may, by notification in the Gazette, appoint such officers not below the rank of a District Labour Officer, as they think fit, to be the authorities for the purpose of hearing and deciding-

(a) complaints with regard to the contravention of section 3;

(b) claims arising out of non-payment of wages at the rates referred to in the said section;

and may by the same or a subsequent notification define the local limits within which each such authority shall exercise its jurisdiction.

(2) Every complaint or claim referred to in sub-section (1) shall be made in such manner as may be prescribed.

(3) If any question arises as to whether two or more works are of the same nature or of a similar nature, it shall be decided by the authority appointed under sub-section (1).

(4) Where a complaint or claim is made to the authority appointed under sub-section (1), it may, after giving the applicant and the employer, an opportunity of being heard, and after such inquiry as it may consider necessary, direct,-

(i) in the case of a claim arising out of non-payment of wages at the rates referred to in section 3, that payment be made to the worker of the amount by which the wages payable to him exceed the amount actually paid;

(ii) in the case of a complaint, that adequate steps be taken by the employer so as to ensure that there is no contravention of section 3.

(5) Every authority appointed under sub-section (1) shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

(6) Any employer or worker aggrieved by any order made by an authority appointed under sub-section (1) on a complaint or claim may, within thirty days from the date of the order, prefer an appeal to such authority as the Government may, by notification in the Gazette specify in this behalf, and that authority may, after hearing the appeal, confirm, modify or reverse the order appealed against and no further appeal shall be against the order made by such authority.

(7) The authority referred to in sub-section (6) may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the period specified in sub-section (6), allow the appeal to be preferred within a further period of thirty days but not thereafter.

(8) The provisions of sub-section (1) of section 33C of the Industrial Disputes Act, 1947 (Central Act 14 of 1947), shall apply for the recovery of monies due from an employer arising out of the decision of an authority appointed under this section.