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Section 30 – Workmen’s Compensation Act, 1923

Workmen’s Compensation Act, 1923

 

 

30. Appeals.—

 

(1) An appeal shall lie to the High Court from the following orders of a Commissioner, namely:—

 

(a) an order as awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in part for a lump sum;

 

1[(aa) an order awarding interest or penalty under section 4A;]

 

(b) an order refusing to allow redemption of a half-monthly payment;

 

(c) an order providing for the distribution of compensation among the dependants of a deceased workman, or disallowing any claim of a person alleging himself to be such dependant;

 

(d) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 12; or

 

(e) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions:

 

Provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal, and in the case of an order other than an order such as is referred to in clause (b), unless the amount in dispute in the appeal is not less than three hundred rupees:

 

Provided further that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the Commissioner, or in which the order of the Commissioner gives effect to an agreement come to by the parties:

 

2[Provided further that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against.]

 

(2) The period of limitation for an appeal under this section shall be sixty days.

 

(3) The provisions of section 5 of 3[the Limitation Act, 1963 (36 of 1963)], shall be applicable to appeals under this section.

 

COMMENTS

 

Interference by High Court

In appeal under section 30, the High Court can interfere, if a party is able to prove that the findings are perverse in the sense that either of the findings are without any material on record or it is totally opposed to the material on record; T.S. Prabhu v. Bhavani Poojary, 2003 LLR 162 (Kant HC) 2003 LR 26.

 

Jurisdiction to entertain an appeal

 

The appellate court has no jurisdiction to entertain an appeal unless the same involves a substantial question of law; Nisan Springs (Pvt.) Ltd v. Om Jain, 1990 LLR 93 (MP).

 

Substantial question of law

 

(i) The mere difficulty of applying the facts to the law will not amount to a substantial question of law; Asmath Bedi (dead) v. Marlmuthu, 1990 LLR 450 (Mad).

 

(ii) An appeal against the order of the Compansation Commissioner lies only when a substantial question of law is involved; Mangala Ben v. Dalip Motwani, 1998 LLR 656.

 

(iii) Scope of section 30 of the Workmen’s Compensation Act for entertaining the appeal against the order passed by the Commissioner is very limited. The said section 30 very clearly provides that the award of the Commissioner passed under the aforesaid Act can be challenged in the appeal where substantial question of law are involved; General Manager, C.C. Ltd. v. Bhim Yadav, 2003 LLR 574 (Jhk HC).

 

—————————–

1. Ins. by Act 8 of 1959, sec. 15 (w.e.f 1-6-1959).

 

2. Added by Act 15 of 1933, sec. 17

 

3. Subs. by Act 30 of 1995, sec. 13, for “the Indian Limitation Act, 1908 (9 of 1908)” (w.e.f. 15-9-1995).

 

 

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Workmen’s Compensation Act, 1923

 

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