CO129-626-3 Labour Department- report to Labour Commissioner 1-3-1951 - 30-6-1952 — Page 151

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(4) The payment of any money in pursuance of an order made under subsection (2) shall be a disch rge and payment up to the amount so paid of money due to the employer under the contract.

(5) Any order made under subsection (2) may be enforced by a Magistrates' Court in the same manner as a judgment of such Vourt and all necessary processes may be served by such Yourt on behalf of the Commissioner.

The mode of procedure shall be as follows:-

(a) The person complaining shall lodge a memorandum

in writing at the office of the Commissioner specifying shortly the subject matter of the complaint and the remedy sought to be obtained or he may make his complaint in person at any time or place to the Commissioner who shall forthwith reduce it or cause it to be reduced. to writing: upon receipt of such memorandum or verbal complaint the Commissioner shall summon in writing the party against whom such complaint is made giving notice to him of the nature of the complaint and the time and place at which the same shall be enquired into and he shall also notify or summon all persons whose interests may appear to him to be likely to be affected by the proceedings.

(b) At the time and place appointed the parties shall

attend and state their case before the

Commissioner and may call evidence and the Commissioner having heard such statements and evidence and any other evidence which he may deem necessary shall give his decision.

(c) If any person interested has been duly summoned

by the Commissioner to attend at such enquiry and has made default in so doing the Commissioner may hear and decide the complaint in the absence of such person notwithstanding that the interests of such person may be prejudicially affected by his decision.

(a) The Commissioner shall keep a case book in which

he shall enter notes of the evidence taken and the decision årrived at in each case heard before him and shall authenticate the same by attaching his signature thèreto and the record in such case book shall be sufficient evidence of the giving of any decision or of the making of any order and of the terms thereof; and any person interested in a dispute decision or order shall be entitled to a copy of such record upon payment of a fee of three dollars.

(e) No fees shall be charged by the Commissioner in

respect of processes issued by him under this section and all orders made by the Commissioner shall notwithstanding that the same may in respect of amount or value be in excess of the ordinary jurisdiction of the Court be enforced by a Magistrates' Court in the same manner as a judgment of that Court and all necessary processes may be served by the Court on behalf of the Commissioner.

Provided that no sale of immovable property shall, for the purpose of such enforcement be ordered except by the High Court.

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