Appeals

Section 30 of the Employee’s Compensation Act, 1923 deals with appeals. An appeal shall lie to the High Court from the following orders of a Commissioner, namely :- 1.

(1) An appeal shall lie to the High Court from the following orders of a Commissioner, namely :- 1. Ins. by Act 45 of 2009, s. 9 (w.e.f.18-1-2010). 2. Subs. by Act 5 of 1929, s. 6, for certain words. 3. The words "or to a dependant" omitted by Act 7 of 1924, s. 3 and the Second Schedule. 4. Clause (b) omitted by Act 5 of 1929, s. 6. 5. Subs. by Act 5 of 1929, s. 6, for certain words. 6. The words "or to any dependant" omitted by Act 7 of 1924, s. 3 and the Second Schedule. 7. Subs. by Act 7 of 1924, s. 2 and Sch. I, for "or may make such order". 8. Subs. by Act 45 of 2009, s. 5, for "workman" (w.e.f.18-1-2010).

(a) an order 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 [employee], 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 2[ten thousand rupees or such higher amount as the Central Government may, by notification in the Official Gazette, specify]:

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: 3[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 4[the Indian Limitation Act, 1963 (36 of 1963)] shall be applicable to appeals under this section.

Section 30, The Employee’s Compensation Act, 1923 (Act 8 of 1923).