Procedure for Dealing with Application for Direction:

(1) Issue of notice to appear before controlling authority- On receipt of an application for direction, the controlling authority shall issue a notice in Form ‘O’ to 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 authorized representative alongwith all the relevant documents and witnesses, if any.

(2) Representation on behalf of the employer/ claimant before the Controlling Authority- Any person desiring to act on behalf of an employer or the claimant shall present a letter of authority from the person concerned to the controlling authority alongwith a written statement explaining his interest in the matter and praying for permission to act so. The controlling authority shall record an order thereon either according his approval or specifying the reasons, in case of refusal to grant the permission. A party appearing through his authorised representative shall be bound by the acts of his representative. After completion of hearing on the date fixed, or after such further evidence, examination of documents, witnesses, hearing and enquiry, as may be deemed necessary, the controlling authority shall record his findings as to whether any amount is payable to the applicant under the Act. A copy of the finding shall be given to each of the parties.

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

(4) Review of order- The order passed may be reviewed on good cause being shown within 30 days of the said order and the application re-heard after giving not less than 14 days notice to the opposite party of the date fixed for rehearing of the application.[Rule 11]

(5) Record of particulars of case- The controlling authority shall record the particulars of each case in Form ‘Q’ and at the time of passing orders shall sign and date the particulars so recorded and shall also record the findings on the merits of the case and file it along with the memorandum of evidence with the order sheet. [Rule 16]

Direction for payment of gratuity: If the findings are recorded that the applicant is entitled for the payment of gratuity under the Act, the controlling authority shall issue a notice to the employer concerned on Form ‘R’ specifying the amount payable and directing payment thereof to the applicant, under intimation to the controlling authority within 30 days from the date of the receipt of the notice, by the employer. A copy of the notice shall be endorsed to the applicant also. [Rule 17]