Rule 72. Application for claim and procedure for disposal of application

(1) Save as otherwise provided in the rules the procedure to be followed by the Competent Authority in the disposal of cases under the Code, or these rules and by the parties in such cases shall be regulated in accordance with the rules contained in this Chapter.

(2) Application for claim- Any application of the nature referred to in Section 93 may be sent to the Competent Authority by registered post or may be presented to him or to any of the subordinate authorized by him in this behalf or electronically and, so sent or presented, shall unless the Competent Authority otherwise directs, be made in duplicate in the appropriate Form (Form-XXXI or Form-XXXII or Form-XXXIII, as the case may be) and shall be signed and verified by the applicant in the manner prescribed by Order VI, Rule 15 of the Code of Civil Procedure, 1908 (Act No. 5 of 1908).

(3) Production of documents-(a) when the application for relief is based upon a document, the document shall be appended to the application;

(b) any other document which the applicant desires to tender in evidence shall be produced at or before the first hearing;

(c) any document which is not produced at or within the time specified in sub-rules (1) or (2), as the case may be, shall not without the sanction of the Competent Authority be received in evidence on behalf of the applicant;

(d) nothing in this rule applies to any document which is for the purposes of cross-examining a witness or is handed to a witness to refresh his memory.

(4) Application presented to wrong Competent Authority -

(a) if it appears to the Competent Authority on receiving the application that it should be presented to another Competent Authority, he shall return it to the applicant after endorsing upon it the date of the presentation and return, the reason for returning it and the designation of the Competent Authority to whom it should be presented;

(b) if at any stage of case it appears to Competent Authority that the application should be entertained by another Competent Authority, he shall send the file of the case to the Authority which has the jurisdiction and inform about the same to applicant and other parties;

(c) the Competent Authority to whom the case has been transferred, shall continue to proceed as if the previous proceedings were done before him, if he is satisfied that it will not adversely affect the interest of parties.

(5) Examination of applicant-

(a) on receiving the application of the nature referred to in Section 93, the Competent Authority may examine the applicant on oath or may send the application to any Gazetted officer, subordinate to him, in this behalf and direct such officer to examine the applicant and his witness and forward the record thereof to the Competent Authority;

(b) the substance of any examination made under sub-rule one shall be recorded in the manner provided for the recording of evidence in Section 97.

(6) Summary dismissal of application-

(a) the Competent Authority may after considering the application and the result of any examination of the applicant, summarily dismiss the application for reasons to be recorded if he is of the opinion that there are no sufficient grounds for proceeding thereon:

Provided that dismissal of the application under this clause shall not itself preclude the applicant from presenting a fresh application for the settlement of the same matter;

(b) if the application is not summarily dismissed by the Competent Authority, he shall issue notice to the opposite party or parties against whom relief is sought together with copy of application and other documents appended.

(7) Notice to opposite parties- If the Competent Authority does not dismiss the application under sub-rule (6), he shall sent to the party from whom the applicant claims relief (hereinafter referred to as the opposite party) a copy of the application together with the notice of date on which he will dispose of the application and may call upon the parties to produce upon that date, any evidence which they may wish to tender.

(8) Submission of parties-(a) where the opposite party desires to contest the claim, it may file a written statement accompanied by relevant documents and evidence, if any, and where no written statement has been filed, the Competent Authority shall proceed to examine the opposite party upon the claim and shall reduce the result of such examination to writing;

(b) if the opposite party files the written statement, the applicant may file rejoinder with documents.

(9) Framing of issues-

(a) after considering any written statement and the result of any examination of the parties, Competent Authority may frame issues for decision of the case, if he thinks necessary;

(b) where the issues of law and facts are framed and if the Competent Authority is of the opinion that the case may be decided on issues of law, he shall proceed to hear on those issues and after decision on the issues of law, hearing on the issues of facts shall be proceeded.

(10) Evidences and summoning of witnesses-

(a) after framing of issues, the parties may submit their evidence on affidavit on which opposite party shall have the right of cross-examination;

(b) on an application made by any party to the proceedings and on deposit of fees and expenses fixed by the Competent Authority, the Competent Authority may summon any witness whose evidence he thinks is necessary for just decision of the case;

(c) evidences of all witnesses shall be recorded in the presence of Competent Authority and shall be attested by his signature and seal.

(11) Reasons for postponement to be recorded- If the Competent Authority finds it impossible to dispose of an application at one hearing, he shall record the reasons which necessitate a postponement.

(12) Power to postpone trial of issues of fact where issues of law arise- When issues, both of law and of fact arise in the same case and the Competent Authority is of opinion that the case may be disposed of on the issues of law only, he may try those issues first and for the purpose may, if he thinks fit, postpone the settlement of the issues of fact until after the issues of law have been determined.

(13) Diary- Competent Authority shall cause to be maintained a brief diary of the proceedings on an application.

(14) Right of entry for local inspection– The Competent Authority before whom any proceeding relating to an injury by accident is pending may, at any time enter the place where the employee was injured or where the employee ordinarily performed his work, for the purpose of making a local inspection or of examining any persons likely to be able to give information relevant to the proceedings:

Provided that the Competent Authority shall not enter any premises of any industrial establishment except during the ordinary working hours of that establishment save with the permission of the employer or of some person directly responsible to him for the management of the establishment.

(15) Procedure in connection with local inspection-(a) if the Competent Authority proposes to conduct local inspection with a view to examining on the spot the circumstances in which an accident took place, he shall give the parties or their representative notice of his intention to conduct such inspection unless in his opinion the urgency of the case renders the giving of such notice impracticable;

(b) such notice may be given orally or in writing and in the case of an employer, may be given to any person upon whom notice of claim can be served under sub-section (2) of section 88 or to the representatives of such person;

(c) any party or the representative of any party, may accompany the Competent Authority at a local inspection;

(d) the Competent Authority after making local inspection shall note briefly in a memorandum any facts observed and shall show the memorandum to any party who desires to see the same and on payment of the prescribed fees, shall supply any party with a copy there of;

(e) the memorandum shall form part of the record.

(16) Powers of summary examination-

(a) the Competent Authority during local inspection or at any other time, save at a formal hearing of a case pending before him, may examine summarily any person likely to be able to give information relating to such a case, whether such person has been or is to be called as a witness in the case or not, and whether any or all of the parties are present or not;

(b) no oath shall be administered to a person examined under clause (i);

(c) statements made by persons examined under sub-rule (1) if reduced to writing, shall not be signed by the person making the statement nor shall they except as hereinafter provided, be incorporated in the record on utilized by the Competent Authority for the purpose of arriving at a decision in the case;

(d) if a witness who has been examined under clause (i) makes in evidence any material statement, contradicting any statement made by him in such examinations and reduced to writing the Competent Authority may call his attention to such a statement, and shall in that case direct the parties be furnished with the relevant part of such a statement for the purpose of examining or cross-examining the witness;

(e) any statement or part of the statement which is furnished to the parties under clause (iv) shall be incorporated in the record;

(f) where a case is settled by agreement between the parties, the Competent Authority may incorporate in the record any statement made under clause (i) and may utilize such a statement for the purpose of justifying his acceptance of, or refusal to accept, the agreement reached.

(17) Agreement to abide by Competent Authority’s decision-

(a) if a party states in writing his willingness to abide by the decision of the Competent Authority, the Competent Authority shall enquire whether the other party is willing to abide by his decision;

(b) if the other party agrees to a bide by Competent Authority’s decision, the fact of his agreement shall be recorded in writing and signed by him;

(c) if the other party does not agree to abide by the Competent Authority’s decision, the first party shall not remain under an obligation so to abide.

(18) Judgment-

(a) the Competent Authority in passing orders, shall record concisely a judgment and his findings on each of the issues framed and his reason for such finding;

(b) the competent authority at the time of signing and dating his judgment, shall pronounce his decision and thereafter no addition or alteration shall be made to the judgment other than the correction of a clerical or arithmetical mistake arising from any accidental slip or omission