Section Text
(1) The appropriate Government may, by
notification, appoint one or more authorities, not below the rank of a Gazetted Officer, to hear and
determine the claims which arises under the provisions of this Code.
(2) The authority appointed under sub-section (1), while deciding the claim under that sub-section,
may order, having regard to the circumstances under which the claim arises, the payment of compensation
in addition to the claim determined, which may extend to ten times of the claim determined and
endeavour shall be made by the authority to decide the claim within a period of three months.
(3) If an employer fails to pay the claim determined and compensation ordered to be paid under subsection (2), the authority shall issue a certificate of recovery to the Collector or District Magistrate of the
district where the establishment is located who shall recover the same as arrears of land revenue and remit
the same to the authority for payment to the concerned employee.
(4) Any application before the authority for claim referred to in sub-section (1) may be filed by,--
(a) the employee concerned; or
(b) any Trade Union registered under the Trade Unions Act, 1926 (16 of 1926) of which the
employee is a member; or
(c) the Inspector-cum-Facilitator.
(5) Subject to such rules as may be made, a single application may be filed under this section on
behalf or in respect of any number of employees employed in an establishment.
(6) The application under sub-section (4) may be filed within a period of three years from the date on
which claims referred to in sub-section (1) arises:
Provided that the authority referred to in sub-section (1) may, entertain the application after three
years on sufficient cause being shown by the applicant for such delay.
(7) The authority appointed under sub-section (1) and the appellate authority appointed under subsection (1) of section 49, shall have all the powers of a civil court under the Code of Civil Procedure,
1908 (5 of 1908), for the purpose of taking evidence and of enforcing the attendance of witnesses and
compelling the production of documents, and every such authority or appellate authority shall be deemed
to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal
Procedure, 1973 (2 of 1974).