Rule 55. Application to the competent authority under clause (b) of sub-section (5) of section 56

(1) Application to the competent authority–

(a) where there is a dispute with regard to any matter or matters as is specified in clause (a) of sub-section (5) of section 56, the employer or employee or any other person eligible for payment of gratuity, may make an application to the competent authority in Form–XIV within one year from the date on which the gratuity becomes due: Provided that the competent authority may entertain the even after one year, if he is satisfied with the reasons given by the applicant;

(b) the application shall be accompanied by such documents as are necessary to be filed as evidences by the applicant;

(c) application for claim of gratuity may be submitted personally or by registered post or speed post or electronically to the competent authority;

(d) applications shall also be accompanied with envelope with a stamp for registered post in a proportion of number of opposite parties.

(2) Procedure for dealing with application for direction–

(a) if the competent authority is prima facie satisfied with the application for claim and if he thinks that the application may be inquired, he shall issue a notice in Form–XV, either electronically or by registered post acknowledgment due or in person call upon the applicant as well as the employer to appear before him on a specified date, time and place, either by himself or through his authorised representative together with all relevant documents and witnesses, if any:

Provided that any application shall not be rejected merely on the ground that it is not in the prescribed Form;

(b) any person desiring to act on behalf of an employer or employee, nominee or legal heir, as the case may be, shall present to the competent authority a letter of authority from the employer or the person concerned, as the case may be, on whose behalf he seeks to act together with a written statement explaining his interest in the matter and praying for permission so to act. The competent authority shall record thereon an order either according his approval or specifying, in the case of refusal to grant the permission prayed for, the reasons for the refusal;

(c) a party appearing by an authorised representative shall be bound by the acts of the representative;

(d) after completion of hearing on the date fixed under clause (a), or after such further evidence, examination of documents, witnesses, hearing and inquiry, as may be deemed necessary, the competent authority shall record his finding as to whether any amount is payable to the applicant under the Code. A copy of the finding shall be given to each of the parties;

(e) if the employer concerned fails to appear on the specified date of hearing after due service of notice without sufficient cause, the competent authority may proceed to hear and determine the application ex parte. If the applicant fails to appear on the specified date of hearing without sufficient cause, the competent authority may dismiss the application:

Provided that an order under this sub-rule may, on good cause being shown within thirty days of the said order, be reviewed and the application reheard after giving not less than fourteen days' notice to the opposite party of the date fixed for rehearing of the application.

(3) Place and time of hearing- The sittings of the competent authority shall be held at such times and at such places as he may fix and he shall inform the parties of the same in such manner as he thinks fit, in the notice sent to them in Form–XV.

(4) Summoning and attendance of witnesses- The competent authority may, at any stage of the proceedings before him, either upon or without an application by any of the parties involved in the proceedings before him, and on such terms as may appear to the competent authority just, issue summons to any person in Form–XV, either to give evidence or to produce documents or for both purposes on a specified date, time and place.

(5) Service of summons or notice-(a) subject to the provisions of clause (b) any notice, summons, process or order issued by the competent authority may be served either personally or by registered post acknowledgement due or electronically or in any other manner as prescribed under the Code of Civil Procedure, 1908 (Act no. 5 of 1908).

(b) where there are numerous persons as parties to any proceeding before the competent authority and such persons are members of any trade union or association or are represented by an authorised person, the service of notice on the Secretary, or where there is no Secretary, on the principal officer of the trade union or association, or on the authorised person shall be deemed to be service on such persons.

(6) Maintenance of records of cases by the competent authority:-

(a) the competent authority shall record the particulars of each case under clause (b) of sub-section (5) of Section 56 and at the time of passing orders shall sign and date the particulars so recorded;

(b) the competent authority shall, while passing orders in each case, also record the findings on the merits of the case and file it together with the memoranda of evidence with the order sheet;

(c) any record, other than a record of any order or direction, which is required by these rules to be signed by the competent authority, may be signed on behalf of and under the direction of the competent authority by any subordinate officer appointed in writing for this purpose by the competent authority.

(7) Direction for payment of gratuity- If a finding is recorded under clause (d) of sub-rule (2) that the applicant is entitled to payment of gratuity under the Code, the competent authority shall issue a notice to the employer concerned in Form–XVI electronically or registered post acknowledgment due or in person specifying the amount payable and directing payment thereof to the applicant under intimation to the competent authority within thirty days from the date of the receipt of the notice by the employer. A copy of the notice shall be endorsed to the applicant employee, nominee or legal heir, as the case may be.