Cap. 318 ст. 108Appeal to the Umpire.

(1) An Appeal shall lie to the Umpire from any decision of the Director on any question of law or principle of importance arising in connection with -

(i) the determination of any question under article

105; or

(ii) any claim under article 106, unless the claim has been rejected by the Director following consultation by the said Director on the medical aspects of the claim in terms of paragraph (a) of the proviso to the said article 106, in which case the Director may revise his decision in terms of the provisions of article 110 and where the persons forming the medical panel shall be different from the first medical panel which had investigated the case in the first instance; or

(iii) any decision of the Director given under the proviso to article 35 and under article 58;

(iv) any claim of discrimination on ground of sex made by any person concerning the determination of that person’s eligibility and entitlement for any benefit, pension, allowance and assistance payable under this Act. Such appeal may be made -

(a) at the instance of any person aggrieved by the determination or decision of the Director; or

(b) by the actual widow or actual widower as the case may be, or by the heirs of any person so aggrieved; or

(c) at the instance of a trade union if the person so aggrieved is or at the time of his death was a member of that trade union.

(2) Subject to the provisions of sub-article (1), an appeal from any decision of the Director under article 105 may be made to the Umpire in writing not later than ten years from that decision.

(3) Subject to the provisions of sub-article (1), an appeal from a decision of the Director given under the proviso to article 35 and under articles 58 and 106 may be made to the Umpire in writing within thirty days from the date on which the Director communicates his decision in writing to the claimant or beneficiary as the case may be: Provided that the Umpire shall refrain from taking cognizance of an appeal that may be filed, or that could have been filed at any stage from a decision taken by the Director, if the merits of the appeal are the subject of criminal proceedings.

(4) In considering any appeal, the Umpire shall have the assistance of -

(i) one or more persons appointed by the Minister to act as assessors from the appropriate panel of those referred to in article 106, if the claim is for Injury Benefit, Injury Grant, Injury Pension, a Pension for Invalidity, an Assistance for the Visually Impaired, Increased Severe Disability Assistance, Severe Disability Assistance or Disability Assistance and the Umpire feels that a medical advice is required; and

(ii) an assessor chosen from a panel of persons to represent employers and an assessor chosen from a panel of persons to represent employed persons.

(5) The assessors referred to in sub-article (4)(ii) shall be appointed by the Minister after consultation with organizations concerned with the interests of employers and employed persons respectively.

(6) No assessor referred to in sub-article (4) shall serve during the consideration of a case -

(i) in which he appears as a representative of the claimant; or

(ii) by which he is or may be directly affected; or

(iii) in which he has taken or may take any part as an employer or as an official of a trade union or as a witness.

(7) In any case where the Umpire decides to hear an appeal or reference orally, reasonable notice of the time and place of the hearing shall be given to the claimant or beneficiary, as the case may be, and to any other person who appears to the Umpire to be interested in the case, and at such hearing the claimant or person to whom notice of hearing has been duly given may appear personally or through a duly appointed representative.

(8) If, in any case of an appeal, the claimant, or beneficiary, as the case may be, to whom notice of hearing has been duly given, fails to appear at the hearing and does not give reasonable explanation for his absence, the Umpire may proceed to determine the case, notwithstanding his absence, or may dismiss the appeal.

(9) Subject to the provisions of this Act, the procedure for the consideration and determination of any reference or appeal to the Umpire shall be such as he shall determine, due regard being had to the principles of justice and fairness.