Rule 42. Appeal

(1) Any person aggrieved by an order passed by the authority under sub-section (2) of section 45 of the Code may prefer an appeal under sub-section (1) of section 49 of the Code in Form-III electronically or by registered post, along with documents mentioned by the appellant in the said Form, to the appellate authority having jurisdiction.

Provided that no appeal by an employer shall be admitted unless such appeal is accompanied by satisfactory proof of the prior minimum payment of twenty-five per cent of the total claim amount.

(2) Where an appeal under sub-section (1) of section 49 of the Code is entertained, the appellate authority, shall serve upon the respondent electronically or by registered post a notice in Form VIII to appear before him on the date specified in the notice and shall inform the appellant of the date so specified.

(3) The appellate authority shall after hearing the appellant and the respondent shall, by Order, decide the appeal.

(4) The Appellate Authority shall be the Labour Commissioner, Bihar, or any officer notified by the Labour Resource and Migrant Workers Welfare Department not below the designation of Joint Labour Commissioner.