33(5)

33(5)(a) On receipt of an application under sub-rule (4) the competent authority shall, by issuing a notice in Form-VII, electronically or speed post (with registration) acknowledgment due or in person 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 authorised representative through virtual mode or otherwise together with all relevant documents and witnesses, if any.

33(5)(b) Any person desiring to act on behalf of an employer or employee, nominee or legal heir, as the case may be, shall present to the competent authority a letter of authority from the employer or the person concerned, as the case may be, on whose behalf he seeks to act together with a written statement explaining his interest in the matter and praying for permission so to act and the competent authority shall record thereon an order either according his approval or specifying, in the case of refusal to grant the permission prayed for, the reasons for the refusal.

33(5)(c) A party who is being represented by an authorised representative shall be bound by the acts of the representative.

33(5)(d) After completion of hearing on the date(s) fixed under clause (a), or after taking such further evidence(s), examination of documents or witnesses, hearing and inquiry, as may be deemed necessary, the competent authority shall record his finding as to whether any amount is payable to the applicant under the Code and a copy of the finding shall be given to each of the parties. Provided that the Competent Authority shall dispose of the application for gratuity within six months from the date of receipt of the application: Provided further that the Competent Authority may, for reasons to be recorded in writing, extend the said period for a further period not exceeding three months.

33(5)(e) If the employer concerned fails to appear on the specified date of hearing after due service of notice without sufficient cause being shown, the competent 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 competent authority may dismiss the application: Provided that an order under clause (e) may, on good cause being shown within a period of thirty days of receipt of the said order, be reviewed and the application re-heard after giving not less than fourteen days‘ notice to the opposite party of the date fixed for rehearing of the application.