Supreme Court Awards Rs. 6 Lakh to Man Acquitted After 6 Years, Faults UP Police Probe  ||  Supreme Court: High Courts Can Restore Power on 50% Deposit in Arbitrary Theft Assessments  ||  Supreme Court: Cooperative Society Cannot Deny RTI Records as Personal if Registrar Can Access Them  ||  SC: CoC Cannot Withdraw Approved Resolution Plan Over Improved Corporate Debtor Finances  ||  Delhi High Court: 24-Week Limit Alone Cannot Restrict Medical Termination of Pregnancy  ||  Allahabad High Court Rejects Challenge to 18% GST on Online Legal Database Services  ||  Madras High Court: FIR Registration Does Not Decide Guilt; Prior Hearing of Accused Not Required  ||  Kerala High Court Orders Speedy Prosecution Sanction Process in Sabarimala Gold Theft Case  ||  Allahabad HC: Missing RT-PCR Report Cannot Bar COVID-19 Compensation if Records Confirm Infection  ||  MP High Court Directs Indore Police to Deploy Volunteers for Reporting Noise Pollution Violations    

Fulmati Dhramdev Yadav and Ors. Vs. New India Assurance Co. Ltd. and Ors. - (Supreme Court) (04 Sep 2023)

Appeal from an order of Commissioner can be entertained, only if, substantial question of law exist

MANU/SC/0964/2023

Labour and Industrial

Present appeal is filed assailing the judgment passed by the High Court whereby the Court has set aside the order of the Commissioner awarding compensation in favour of legal representatives of the deceased employee.

The Employees Compensation Act, 1923 unequivocal in stating that, an appeal from an order of Commissioner can be entertained, only if, a substantial question of law exists. It has been observed by this Court that the phrase "substantial question of law" within this Act shall be understood by its general meaning. For considering the general meaning, naturally, the reference is to the Code of Civil Procedure, 1908 (CPC). The Rule therein is that framing of a substantial question of law is of cardinal importance.

The Commissioner had not returned any findings in respect of the validity or invalidity of the license of the deceased nor was it one of the questions framed by the Commissioner for consideration. In such a situation, while exercising powers within the limited purview allowed by Section 30 of the Act, the learned Court below erred in making observations and giving a holding in that regard.

In the facts at hand, with the cumulative sum of circumstances pointing to the employment of the deceased with the employer company; in keeping with the principles of the legislation being intended for social welfare and protection of employees; the Commissioner being the last authority on facts; the scope of an appeal under the said Act being limited only to substantial questions of law; and no perversity could be demonstrated from the order of the Commissioner. The order passed in First Appeal is set aside. As a consequence thereof, the order passed by the Commissioner, is restored. Appeal allowed.

Tags : COMPENSATION   AWARD   ENTITLEMENT  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved