Supreme Court: Vacancies From Resignations under CUSAT Act Must Follow Communal Rotation  ||  Supreme Court: Forest Land Cannot Be Leased or Used For Agriculture Without Centre’s Approval  ||  Supreme Court: Gravity of Offence and Accused’s Role Must Guide Suspension of Sentence under CrPC  ||  Supreme Court: Arbitral Awards Cannot be Set Aside For Mere Legal Errors or Misreading of Evidence  ||  SC Acknowledges Child Trafficking as a Grave Reality and Issues Guidelines to Assess Victim Evidence  ||  Allahabad HC: When Parties Extend an Agreement by Conduct, The Arbitration Clause Extends Too  ||  Supreme Court: Issues of Party Capacity and Maintainability Must Be Decided by Arbitral Tribunal  ||  Supreme Court: Omissions in Chief Examination Can Be Rectified During Cross-Examination  ||  Supreme Court: Items Given by Accused to Police Are Not Section 27 Recoveries under Evidence Act  ||  Gujarat High Court: Waqf Institutions Must Pay Court Fees When Filing Disputes in State Tribunal    

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 2025 - All Rights Reserved