The Employee’s Provident Fund and Miscellaneous Provisions Act, 1952

8. Content of the appeal

(1) Every appeal filed under rule 4 shall set forth concisely under distinct heads the grounds for such appeal. Such grounds shall be numbered consecutively. Every appeal, including any miscellaneous appeal shall be typed in double space on one side on thick paper of good quality.

9. Documents to accompany the appeal

(1) Every appeal shall be accompanied by a paper-book containing,-
(i) an attested true copy of the order against which the appeal is filed;
(ii) copies of the documents relied upon by the appellant and referred to in the appeal;
(iii) an index of the documents.
(2) The documents referred to in sub-rule (1) may be attested by a legal practitioner or by a gazetted officer and each document shall be marked serially as Annexures Al, A2, A3 and so on
(3) Where an appeal is filed by an agent, document authorizing him to act as such agent shall also be appended to the appeal:
PROVIDED that where an appeal is filed by a legal practitioner, it shall be accompanied by a duly executed “Vakalatnama”.

10. Plural remedies

An appeal shall be based upon a single cause of action and may seek one or more reliefs provided that they are consequential to one another.

11. Service of notices and processes issued by the Tribunal

(1) Notices or processes to be issued by the Tribunal may be served by any of the following modes directed by the Tribunal:-
(i) service by the party itself;
(ii) by hand delivery (Dasti) through process server;
(iii) by registered post with acknowledgment due.
(2) Where notice issued by the Tribunal is served by the party himself by “hand delivery” (Dasti), he shall file with the Registry of the Tribunal, the acknowledgment, together with an affidavit of service.
(3) Notwithstanding anything contained in sub-rule (1) the Tribunal may, taking into account the number of respondents and their places of residence or work and other circumstances, direct that notice of the appeal shall be served upon the respondents in any other manner including any manner of substituted service, as it appears to the Tribunal just and convenient.
(4) Notwithstanding anything done under sub-rule (1), the Tribunal may in its discretion, having regard to the nature and urgency of the case, direct the service of the notice on the standing counsels appointed as such by the Central Government or any State Government or any other authority under the Act.
(5) Every notice issued by the Tribunal shall, unless otherwise ordered, be accompanied by a copy of the appeal along with a copy of the paper-book.
(6) Every appellant shall pay a fee for the service or execution of processes in such manner as the Tribunal may direct under sub-rule (3) such a sum, not exceeding the actual charges incurred in effecting the service, as may be determined by the Tribunal.
(7) The fee for the service or execution of processes under sub-rule (3) shall be remitted in the manner prescribed in rule 7 within one week of the date of the order determining the fee or within such extended time as the Registrar may permit.
(8) Notwithstanding anything contained in sub-rules (1) to (4), if the Tribunal is satisfied that it is not reasonably practicable to serve notice of appeal upon all the respondents, it may, for reasons to be recorded in writing, direct that the appeal shall be heard notwithstanding that some of the respondents have not been served with notice of the application; provided that no appeal shall be heard unless,-
(i) notice of the appeal has been served on the Central Government or the State Government or the Central Board, if such government or Board is a respondent;
(ii) notice of the appeal has been served on the authority which passed the order against which the appeal has been filed; and
(iii) the Tribunal is satisfied that the interests of the respondent on whom notice of the appeal has not been served are adequately and sufficiently represented by the respondents on whom notice of the appeal has been served.

12. Filing of reply and other documents by the respondents

(1) Each respondent intending to contest the appeal, shall file in triplicate the reply to the appeal and the documents relied upon in paper-book form with the Registry within one month of the service of notice of the appeal on him.
(2) In the reply filed under sub-rule (1), the respondent shall specifically admit, deny or explain the facts stated by the appellant in his appeal and may also state such additional facts as may be found necessary for the just decision of the case. It shall be signed and verified as a written statement by the respondent or any other person duly authorized by him in writing in the same manner as provided for in Order VI, rule 15 of the Code of Civil Procedure, 1908 (5 of 1908).
(3) The documents referred to in sub-rule (2) shall also be filed along with the reply and the same shall be marked as Rl, R2, R3 and so on.
(4) The respondent shall also serve a copy of the reply along with documents as mentioned in sub-rule (1) on the appellant or his legal practitioner, if any, and file proof of such service in the Registry.
(5) The Tribunal may allow filing of the reply after the expiry of the prescribed period.

13. Date and place of hearing to be notified

The Tribunal shall notify to the parties the date and the place of hearing of the appeal in such manner as the Presiding Officer may, by general or special order direct.

14. Calendar of cases

(1) The Tribunal shall draw up a calendar for the hearing of the cases and, as far as possible, hear and decide cases according to the calendar.
(2) Every appeal shall be heard and decided, as far as possible, within six months from the date of its registration.

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