Amendment status not verified — confirm the current text below against the official source.
Appeal—(1) Notwithstanding anything contained in the Act, as appeal of shall lie to the Industrial Court— (a) against a final decision of a Labour Court in respect of a matter falling under clause (a) of paragraph (A) or paragraph (B) or paragraph (C) of sub-section (1) of section 61 by the person affected or the representative of employees or the employer; (b) against a conviction by a Labour Court, by the person convicted. (c) against the acquition by a Labour Court, by the State Government; (d) for enhancement of sentence awarded by a Labour Court, by the State Government. Provided that no appeal shall lie against an order of a Labour Court under section 107. (2) every appeal shall be made within thirty days from the date of the decision, conviction, acquittal or sentence, as the case may be. Provided that in computing the period of thirty days the period requisite for obtaining a copy of the order appealed against shall be excluded. Provided further that the Industrial Court may for sufficient reason, any appeal made after the expiry of such period. (3) Where in any case a Labour Court, by its order directs re instatement of any employee and the employer prefers an appeal before the Industrial Court against such order, or any proceedings against the order of the Industrial Court in the High Court or the Supreme Court as the case may be employer shall be liable to pay such employee during the period of tendency of such appeal in the Industrial Court or such proceedings in High Court or the Supreme Court, as the case may be, full wages last drawn by him, inclusive of maintenance allowance admissible to him under any rule if the employee had been employed in any establishment during such period and an affidavit by h employee had been filed to that effect in such Court. Provided that where it is proved to the satisfaction of the Industrial art or the High Court or the Supreme Court as the case may be, that h employee had been employed and had been receiving adequate remuneration during any such period or part thereof, the Court shall order no wages shall be payable under this section for such period or part, he case may be. Explanation—In this section, the expression 'average pay' shall have meaning assigned to it in clause (aa) of section 2 of the Industrial Dispute Act, 1947 (XIV of 1947).