Under the Workmen’s Compensation Act, 1923 (now known as the Employees’ Compensation Act, 1923), provisions are made for appeals in case of disputes related to compensation. Both employers and employees have the right to appeal decisions made under the Act to higher authorities or courts.
Overview of the Appeal Process under the Act
- Appeal to Commissioner: The Act establishes a system of compensation commissioners who are responsible for adjudicating on claims for compensation. If an employee or their dependents are dissatisfied with the decision of the commissioner, they can appeal the decision to a higher commissioner within the same area. This is the first level of appeal.
- Appeal to High Court: If the aggrieved party is not satisfied with the decision of the higher commissioner, they can further appeal to the High Court within the jurisdiction where the injury or accident occurred. The High Court has the authority to hear and decide on these appeals.
- Grounds for Appeal: The appeal can be made on various grounds, including but not limited to:
- Disagreement with the amount of compensation awarded.
- Dispute over the liability of the employer.
- Disagreement over the classification of an injury or disability.
- Dispute over the identification of dependents in case of a fatal accident.
- Time Limit for Appeals: The Act specifies a time limit within which an appeal must be filed. Failure to file the appeal within the stipulated time can result in the forfeiture of the right to appeal. The specific time limit may vary depending on the circumstances and the decision being appealed.
- Procedure for Appeals: The procedure for filing and hearing appeals is generally governed by the Civil Procedure Code or the procedural rules of the High Court, as applicable.
- Representation: Both the employer and the employee or their dependents can be represented by legal counsel during the appeal process.
- Decision of the Appellate Authority: The appellate authority, whether it is a higher commissioner or the High Court, will hear the arguments from both parties and may review the evidence and facts of the case. The authority will then issue a decision, which may confirm, modify, or reverse the decision of the lower commissioner.
- Execution of Orders: Once an appeal decision is issued, it is binding on both parties. The employer is obligated to comply with the order and pay the compensation as directed by the appellate authority.
