The Code on Social Security (Gujarat) Rules, 2023
Rule 50. Procedure where indemnity claimed under section 85(2)
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(1) Where the opposite party claims that if compensation is recovered from him he would be entitled under section 85(2), to be indemnified by a person not being a party to the case, he shall, when first called upon to defend the application, present a notice of such claim to the Competent Authority accompanied by the requisite fees, and the Competent Authority shall thereupon issue a notice to such person in Form XXVII.
(2) If any person served with a notice under sub-rule (1) desires to contest the applicants claim for compensation or the opposite party's claim to be indemnified, he shall appear before the Competent Authority on the date fixed for the hearing of the case or on any date to which the case may be adjourned and, if he so appears, he shall have all the rights of a party to the proceedings. If he does not so appear he shall be deemed to have admitted the validity of any award which may be made against the opposite party and to have admitted his own liability to indemnity the opposite party for any compensation which may be recovered from him:
Provided that, if any person so served subsequently and satisfies the Competent Authority that he was prevented by any sufficient cause from appearing, the Competent Authority shall, after giving notice to the applicant and the aforesaid opposite party, hear such person, and may set aside or vary any award made against such person upon such terms as the Competent Authority thinks just.
(3) If any person served with a notice under sub-rule (1) whether or not he desire to contest the applicant's claim for compensation or the opposite party's claim to be indemnified claims that being a contractor he is himself a principal and is entitled to be indemnified by a person standing to him in the relation of a contractor from whom the Employee could have recovered compensation he shall on or before the date fixed in the notice under sub-rule (1) present a notice of such claim to the Competent Authority accompanied by the requisite fee and the Competent Authority shall thereupon issue notice to such person in Form XXVIII.
(4) If any person served with a notice under sub-rule (3) desires to contest the applicant's claim for compensation or the claim under sub rule (3) to be indemnified, he shall appear before the Competent Authority on the date fixed in the notice in Form XXVI or on any date to which the case may be adjourned and, if he so appears shall have all the rights of a party to the proceedings. If he does not so appear he shall be deemed to have admitted the Py: validity of any award which may be made against, the original opposite party or the person served with a notice under sub-rule (1) and have admitted his own liability to indemnity the party against whom such award is made for any compensation which may be recovered from him:
Provided that, if any person so served appears subsequently and satisties the Competent Authority that he was prevented by any sufficient cause form appearing, the Competent Authority, shall, after giving notice to all parties on the record, hear such person, and may set aside or very any award made against such person upon such terms as the Competent Authority thinks just.
(5) In any proceedings in which a notice has been served on any person under sub-rule
(1) or sub-rule (3), the Competent Authority shall, if he awards compensation, record in his judgment a finding in respect of each of such persons, whether he is or is not liable to indemnify any of the opposite parties, and shall specify the party, if any, whom he is liable to indemnify.