Rule 71. Manner of holding enquiry under sub-section (1) of section 111

The Government of Jammu and Kashmir may by notification in the official gazette appoint any gazetted officer not below the rank of AssistantLabour ommissioner having jurisdiction for holding enquiry and imposing penalty i uch manner as mav be orescribed oy te central Government unger tn section. 2. Form and manner of preferring appeal and the fee to accompany sue ppeal under sub-section (3) of section 111.-

(1) The employer aggrieved by the order of Enquiry Officer, may appeal against such order before the appellate officer appointed by the Government of Jammu and Kashmir for such purpose within thirty days from the date of receipt by him of such order, electronically or otherwise along with fee @ 25% of penalty imposed to be deposited in the official account of the Appellate Authority electronically or otherwise.

(2) Where the memorandum of appeal is in order, the appellate authority shall admit the appeal, acknowledge it and intimate admission of such appeal, and shall register the appeal in electronic form to be kept for the purpose called the register of appeals.

(3) When the appeal has been admitted, the appellate authority shall send the notice of the appeal to the enquiry officer, against whose order the appeal has been preferred and the enquiry officer shall thereupon send the records of the case to the appellate authority online electronically or otherwise.

(4) On receipt of the appeal, the appellate authority shall send a notice to the appellant to appear before him on such date and time asmay be specified in the notice for the hearing of the appeal electronically or by registered post.

(5) If on the date fixed for hearing, the appellant does not appear, the appellate authority may dismiss the appeal for default of appearance of the appellants by sending the copy of the order to the applicant electronically or otherwise.

(6)Where an appeal has been dismissed, the appellant may apply electronically to the appellate authority for the restoration of the appeal within thirty days from the date of receipt of the order and if the appellate authority is satisfied that the appellant was prevented by sufficient cause from appearing, the appellate authority shall restore the appeal subject to costs at the discretion of the authority.

(7) The order of the Appellate Authority shall be communicated electronically or by registered post to the appellant and copy W thereof shall be sent to the registering officer against whose order the appeal has been preferred and shall be disposed of within a period of thirty days from the date of receipt of appeal.