Appeal/Bar to civil remedy

Section 30 of the Workmen’s Compensation Act, 1923, states the law related to appeal/bar to civil remedy.

1. An appeal shall be made to the high court from the following orders of a commissioner, namely:
1. An order that awards a lump-sum amount as compensation whether by way of redemption of a half-monthly payment or otherwise, or by disallowing a claim for a lump-sum in full or in part;

(aa) an order that awards interest or penalty under section 4A;

2. An order that refuses to allow redemption of a half-monthly payment;
3. An order that provides for the distribution of compensation among the dependants of the deceased workman or the order that disallows any claim of a person alleging himself to be the dependant of the deceased workman;
4. An order that allows or disallows any claim for the amount of an indemnity under the provisions of sub-section (2) of section 12; or
5. An order that refuses to register a memorandum of agreement or register the same or provide for the registration of the same.

The appeal in sub-section (1) shall be subject to following conditions:

• Provided that no appeal shall be made against any order unless a substantial question of law is involved in the appeal. In the case of an order apart from the order in clause (b), no appeal shall be made against any order unless the amount in dispute in the appeal is not less than Rs. 300;
• Provided further that no appeal shall be made in any case in which the parties have agreed to abide by the decision of the Commissioner, or in case the order of the Commissioner gives effect to an agreement come to by the parties;
• Provided further that no appeal by an employer under clause (a) shall be made unless the memorandum of appeal is accompanied by a certificate by the Commissioner that states that the appellant has deposited with him the amount payable under the order appealed against.
2. Under section 30, the period of limitation for an appeal shall be sixty days.
3. The provisions of section 5 of the Limitation Act 1963 shall be applicable to appeals under this section.

Interference by High Court

In appeal under section 30, the high court can interfere if the party is able to prove that:

1. the findings are perverse in the sense that the findings are without any material on record.
2. or it is totally opposed to the material on record.

Jurisdiction to Entertain an Appeal

The appellate court has no jurisdiction to entertain an appeal unless the appeal involves a substantial question of law.

Substantial Question of Law

• The mere difficulty of applying the facts to the law will not amount to a substantial question of law;
• An appeal against the order of the Compensation Commissioner shall be made only when a substantial question of law is involved;
• 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 Act can be challenged in the appeal where substantial question of law are involved.

Withholding of Certain Payments Pending Decision of Appeal

Section 30A of the Act states that when the employer makes an appeal under clause (a) of sub-section (1) of Section 30, the commissioner may withhold payment of any sum deposited with him. Such payment can only be withheld by the commissioner if directed by the High Court in case the decision of the appeal is pending.