Rule 33 — Application for gratuity and appeal etc.

33(12)

33(12)(a) The memorandum of appeal under sub-section (8) of section 56 shall be submitted to the appellate authority specified, by order, by the Central Government with a copy thereof to the opposite party and the competent authority either through delivery in person or by speed post (with registration) or electronically.

33(12)(b) The memorandum of appeal shall contain the facts of the case, the decision of the competent authority, the grounds of appeal and the relief sought.

33(12)(c) There shall be appended to the memorandum of appeal a certified copy of the finding of the competent authority and direction for payment of gratuity.

33(12)(d) On receipt of the copy of memorandum of appeal, the competent authority shall forward records of the case to the appellate authority.

33(12)(e) Within fourteen days of the receipt of the copy of the memorandum of appeal from the appellate authority, the opposite party shall submit his reply of each paragraph of the memorandum with additional pleas, if any, to the appellate authority with a copy to the appellant.

33(12)(f) The appellate authority shall record its decision after giving the parties to the appeal a reasonable opportunity of being heard and a copy of the decision made by the appellate authority shall be given to the parties to the appeal electronically or byspeed post (with registration) or in person and a copy thereof shall be sent to the competent authority returning records of the case sent by him: Provided that the Appellate Authority shall dispose of the application for gratuity within six months from the date of receipt of the application: Provided further that the Appellate Authority may, for reasons to be recorded in writing, extend the said period for a further period not exceeding three months.

33(12)(g) The competent authority shall, on receipt of the decision of the appellate authority, make necessary entry in the records of the case maintained by him.

33(12)(h) On receipt of the decision of the appellate authority, the competent authority shall, if required under that decision, modify his direction for payment of gratuity and issue a notice to the employer concerned in Form-VIII specifying the modified amount payable and directing payment thereof to the applicant, under intimation to the competent authority within a period of fifteen days of the receipt of the notice by the employer and a copy of the notice be endorsed to the appellant employee, nominee or legal heir, as the case may be, and to the appellate authority.