Appeals.pptx

Appeals.pptx

• 1.
  Appeals
• 2.
  Section 30: Appeals •An appeal may lie to the High Court by following the orders of the commissioner.  A lump sum amount as compensation is awarded as an order, and redemption of half the monthly payment is away.  An order may refuse to allow gain of a half monthly compensation.  Distribution of compensation by order among the family members of the deceased, or disallowing of any claim of a person.
• 3.
  Substantial Question ofLaw • If there is difficulty in applying the facts to the law it will not amount to a substantial question of law. • The period of limitation under section 30 is sixty days if a person makes an appeal. An appeal lies against the order of commissioner who will compensate only when a substantial question of law. The scope in section 30 of the Act for appealing against the order that is passed by the commissioner is very limited. An appeal shall not lie against any order unless a substantial question of law.
• 4.
  Can courts interveneon question of fact? • Yes, the courts can intervene on the question of fact. This was done in the case of Mangala Ben vs Dilip Motwani. It was first held that there is no substantial question of law. In the opinion of the Court, the finding of the Commissioner does not prove that the deceased was in the employment of the owner. The learned Commissioner further held that the claimant did not produce any evidence to prove that the deceased was employed for the purposes Dilip Motwani’s trade or business. He observed that in the absence of such evidence, the deceased cannot be held to be an employee. In the opinion of the court, the Commissioner committed error of law in holding that the burden lay on the claimant to prove that the deceased was employed for the purposes of the respondent’s trade or business. 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.
• 5.
  When does anappeal lies? • An appeal lies when there is a judgment passed by the court but the employee or his dependants are not satisfied and then they appeal. • Effect of death of claimant • If the injury of the employee results in his death, the employer shall give compensation in addition to the compensation that is deposited with the commissioner. A sum of five thousand rupees and not less than that will be given to the eldest surviving dependant of the employee. • Third proviso to Section 30(1) • 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.
• 6.
  Review, Revision, Remand,and Writ • If an employee is not satisfied with the decision of the court regarding the compensation, he can appeal for review by the court. Review can be made only after the decree is passed by the court or an order is made. If there is an error in the decision by the court appeal can be made for revision which can be done only by the High Court. An employee can writ if he has been wrongly remanded. Remand means In custody of the court. • Appeal not accompanied with certificate by the Commissioner under Proviso (3) • If the appeal is not accompanied by a certificate by the commissioner that is payable and deposited with him then no appeal by the employer under clause (a) shall lie against the law. The period of limitation under the section for the appeal will be sixty days. • Condonation of delay • If the appeal by the employee is delayed it is known as condonation of delay. An appeal is filed when the employee is not satisfied by the decision of the court and want to appeal again for the decision. So when the employee gets delayed in appealing the suit it will be condoned.
• 7.
  Section 30-A: Withholdingof certain payments pending decisions of appeal • The commissioner may withhold the payment of any amount which is deposited with him when an employer appeals under section 30 and it is directed by the High Court.