Useful Notes on ‘The Appellate Tribunal’ under the Employees’ Provident Fund and Miscellaneous Provisions Act 1952

A Tribunal shall consist of one person to be appointed by the Central Government. The Presiding officer of a Tribunal shall be qualified for appointment only if he is (i) judge of a High Court; or (ii) a district judge.

Term of Office [Sec. 7E], The Presiding officer of a Tribunal shall hold office for a term of two years from the date on which he enters upon his office or until he attains the age of 62 year, whichever is earlier.

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Resignation [Sec. 7F]:

The Presiding Officer may, by notice in writing under his hand, addressed to the Central Government resign his office.

The Presiding Officer shall, under he is permitted by the Central Government to relinquish his office sooner, continue to hold office until (a) the expiry of three months from the date of receipt of such notices; or (b) a person is duly appointed as his successor enter upon his office; or (c) the expiry of his term of office, whichever is earliest.

The Presiding officer shall not be remained from his office except by an order made by the President on the ground of proved misbehavior or in capacity after an enquiry made by a judge of the High Court in which the Presiding Officer had been informed of the charges against him and he shall be given a reasonable opportunity of being heard in respect of those charges.

The Central Government may, by rules, regulate the procedure for the investigation of misbehavior or incapacity of the Presiding Officer.

Salary and Allowances and other terms and conditions of Service of Presiding Officer [Sec. 7G]:

The salary and allowances payable to, and terms and conditions of service (including Pension, gratuity and other retirement benefits of the presiding officer) shall be such as may be prescribed. His salary and allowances and terms and conditions of service of the Presiding officer shall not be varied to his disadvantages after his appointment.

Staff of Tribunal [Sec. 7H]:

The Central Government shall determine the nature and categories of the officers and other employees to assist the Tribunal in the discharge of its functions and provide the Tribunal such officers and employees as it thinks fit.

The officers and employees shall discharge their functions under the general superintendence of the Presiding Officer. The salaries and allowances of the officers and other employees and their service conditions shall be such as may be prescribed.

Appeals to the Tribunal [Sec. 7I]:

Any person aggrieved by (a) a notification issued by the Central Government or (b) an order passed by the Central Government or any authority may prefer an appeal to the Tribunal against such notification or order in the following cases –

(i) Issue of notifications by the Central Government applying the provisions of this Act to any establishment,

(ii) Issue of notification by the Central Provident Fund Commissioner applying the provisions of this Act to any establishment;

(iii) Power of the Central Government applying this Act to an establishment which has a common Provident Fund with another establishment;

(iv) Determination of moneys due from employers under section 7-A ;

(v) Review of orders passed under Sec. 7-A except an order rejecting an application for review;

(vi) Determination of escaped amount;

(vii) Power of the Central Provident Fund Commissioner to recover damages u/s. 14-B.

The appeal shall be filed in such form and manner, within such time and be accompanied by such fee as may be prescribed.

Procedure of Tribunal [Sec. 7-J]:

A tribunal shall have power to regulate its own procedure in all matters arising out of the exercise of its powers or, of the discharge of its functions including the places at which the tribunal shall have its setting.

The Tribunal shall, for the purpose of discharging its functions, have all the powers which are vested in the officers referred to in Sec. 7-A.

Any Proceeding before the Tribunal shall be deemed to a judicial proceeding under Sections 193, 228 and 196 of the Indian Penal Code and the Tribunal shall be deemed to a civil court for all the purposes of Sec. 195 and chapter XXVI of the code of Criminal Procedure 1973.

Right of the Appellant [Sec. 7k]:

A person preferring an appeal to Tribunal under this Act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Tribunal.

The Central Government or a State Government or any other authority under this Act may authorize one or more legal protectionism or any of its offices to Act as presiding officers and every person so authorized shall present the case with respect to any appeal before a tribunal.

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