Rule 49. Manner of holding enquiry under sub-section (1) of Section 53

(1) Where a complaint is filed before the officer appointed under sub-section (1) of Section 53 under Rule 48 (hereinafter in this Rule referred to as the Compounding Officer) in respect of the offences referred to in said sub-section either by an officer authorized for such purpose by the State Government or by an employee aggrieved or a registered trade union registered under Code on Industrial Relations, 2020 (Act no. 35 of 2020) or an Inspector-cum-Facilitator, the officer, after considering such evidence as produced before him by the complainant, is of the opinion that an offence has been committed, shall issue summons to the offender on the address specified in the complaint fixing a date for his appearance.

(2) If the offender to whom the summons has been issued under sub-rule (1) appears or is produced before the Officer, he shall explain the offender the offence complained against and if the offender pleads guilty, the Officer shall impose penalty on him in accordance with the provisions of the Code and if the offender does not plead guilty, the Officer shall take evidence of the witnesses produced by the complainant on oath and provide opportunity of cross examination of the witnesses so produced.

(3) The officer shall record the statement of the witnesses on oath and in cross-examination in writing and take the documentary evidence on record.

(4) The officer shall, after the complainant‘s evidence is complete, provide an opportunity of defense to the accused person and the witnesses produced by the accused shall be cross examined after their statements on oath by the complainant and documentary evidence in defense shall be taken on record by the officer.

(5) The officer shall after hearing the parties and considering the evidence both oral and documentary decide the complaint in accordance with the provisions of the Code.