(1) If an employer fails to carry out in accordance with its terms a decision of the Labour Court in relation to an appeal under section 44 before the expiration of 42 days from the date on which notice of the decision is given to the parties, the District Court shall -

(a) on application to it in that behalf by the employee concerned or the Commission, or

(b) on application to it in that behalf, with the consent of the employee, by any trade union or excepted body of which the complainant is a member,

without hearing the employer or any evidence (other than in relation to the matters aforesaid) make an order directing the employer to carry out the decision in accordance with its terms.

(2) The reference in subsection (1) to a decision of the Labour Court is a reference to such a decision in relation to which, at the expiration of the time for bringing an appeal against it, no such appeal has been brought, or if such an appeal has been brought it has been abandoned and the references to the date on which notice of the decision was given to the parties shall, in a case where such an appeal is abandoned, be construed as a reference to the date of such abandonment.