Summoning and Attendance of Witnesses in Legal Proceedings

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Questions and Answers

What percentage of days does an employee in a seasonal establishment need to work to be deemed in continuous service under the employer?

  • 50%
  • 80%
  • 60%
  • 75% (correct)

Which authority can be appointed by the Appropriate Government for the administration of the Payment of Gratuity Act, 1972?

  • Appellate Authority
  • Central Rules Authority
  • Gratuity Recovery Authority
  • Controlling Authority (correct)

What is the responsibility of the controlling authority appointed under the Payment of Gratuity Act, 1972?

  • Enforcing Central Rules 1972
  • Handling gratuity recovery cases
  • Dealing with appellate matters
  • Administration of the Act (correct)

In case an employee is not in continuous service within a year or six months, how can they be deemed in continuous service?

<p>By working for at least 75% of days (A)</p> Signup and view all the answers

What may different areas have according to the Payment of Gratuity Act, 1972 regarding controlling authorities?

<p>Different controlling authorities (D)</p> Signup and view all the answers

When can the controlling authority issue summons to a person?

<p>At any stage of the proceedings, with or without an application by any party (B)</p> Signup and view all the answers

How can a notice or summons be served by the controlling authority?

<p>By registered post acknowledgement due or in any other manner as prescribed (B)</p> Signup and view all the answers

In case of numerous persons involved in a proceeding, how can notices be deemed served?

<p>Service on the Secretary or principal officer of the trade union or association (B)</p> Signup and view all the answers

How should the controlling authority maintain records of cases under section 7?

<p>By recording the particulars in Form 'Q' and signing them at a later date (D)</p> Signup and view all the answers

What must a person summoned by the controlling authority do?

<p>Appear and give evidence, produce documents, or both as required (C)</p> Signup and view all the answers

What is the role of the Secretary or principal officer of a trade union in case of service of notice?

<p>Deemed as service on all persons involved in the proceeding (B)</p> Signup and view all the answers

What is the preferred method for presenting an application under sub-rule (1)?

<p>In person to the controlling authority (A)</p> Signup and view all the answers

What should be done upon receiving an application under rule 10?

<p>Issue a notice calling the applicant and employer to appear (D)</p> Signup and view all the answers

What does a person desiring to act on behalf of an employer or employee need to present to the controlling authority?

<p>A letter of authority and a written statement (C)</p> Signup and view all the answers

What happens if a party appears by an authorized representative?

<p>They will be bound by the acts of the representative (A)</p> Signup and view all the answers

How should a controlling authority respond in case of refusal to grant permission for an authorized representative?

<p>Specify the reasons for refusal (A)</p> Signup and view all the answers

What is required if an applicant appears before the controlling authority?

<p>'All relevant documents and witnesses' (D)</p> Signup and view all the answers

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