Appeals

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Appeals

Appeals for compensation shall lie to the High Court from a commissioner’s orders, which are as follows:

• Order awarding lump sum as compensation. Whether by the redemption of half-monthly payment, or otherwise.
• An order awarding interest or penalty under Section 4A;
• Order for refusal to the redemption of a half-monthly payment;
• Also, an order stating, the distribution among the dependants of a deceased employee of compensation. While any person claiming himself a dependant on the deceased employee is disallowed;
• Order regarding allowance or disallowance of any claim for the amount of an indemnity under the provisions.
• Order refusal on an agreement to register a memorandum or registering the same. Or under section 30, providing for the registration of the same subject to conditions.
• If an appeal is to be made, then it should be made within 60 days. While the section empowers appellate Court to infer with findings recorded by the Commissioner. In case of substantial error of law. Therefore under section 5’s provision. The Limitation Act, 1963 shall be applicable.

Although, unless it fulfils the following requirements, no appeal shall lie:

In case of an order, other than order refusing to allow redemption of a half-monthly payment, unless the amount in dispute in the appeal is not less than three hundred rupees;

A certificate by the Commissioner accompanies the memorandum of appeal. To the effect that the applicant has deposited with him, the amount payable under the order appealed against. Deposit of compensation amount is alone contemplated: deposit of penalty or interest is not condition precedent for filing an appeal.

The appeal does not relate to 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.

Thus, the jurisdiction conferred on High Court being special any further appeal against the judgement is barred.

 

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