Workmen's compensation
V V SATYANARAYANA
(Querist) 13 November 2008
This query is : Resolved
Sirs,
The status of our company is contractor. One of our contractor's employee has met with an accident. Commissioner under workmen's compensation act has passed for depositing sum of Rs. 30,000/- by the principal employer within 30 days and get indemnified by us.
My query is :
1) Our contractor is saying that he would go to High Court for appeal. What is the procedure for this. First should he deposit the money of Rs. 30,000/- with the Commissioner and then should he file appeal ?
2) Otherwise, our Principal employer would deposit the money and would deduct from my bills. Can we straight away deduct the same money from my contractor ?
Please clarify.
Thanking you,
V.V.Satyanarayana
Murali Krishna
(Expert) 13 November 2008
1. Unless the amount is deposited by the appellant, High Court will not allow an appeal to be filed.
2.Further, there shall be a substantive question of law.
If contractor did not participate in the proceedings, then also I feel that he cannot challenge Commissioner's orders.
Tribhuwan Pandey
(Expert) 13 November 2008
yes it is mandatory under WC Act before filing an appeal to High Court the apellant has to deposit the entire awarded amount before the concern commissioner WC and there should be substantial question of law.
V V SATYANARAYANA
(Querist) 15 November 2008
Thank you sirs,
After depositing money, if the contractor files appeal before H.C. and supplies copy to commissioner, can it be requested to Commissioner under W.C. not to remit the deposited money to the workman, till the matter is decided by the H.C.
In that case will the Commissoner accede to our request.
Please clarify.
Tribhuwan Pandey
(Expert) 16 November 2008
After fulfilling all above requirements i.e. appeal to the High Court.
When you will succeed to get the stay order from the High Court. File the certified copy of the stay order before the Commissioner W.C. and the Commissioner W.C. after getting the certified copy of stay order of the High Court submitted by you will stop the execution proceedings.
Mere supply a copy of the appeal will not stop the execution proceeding.
Adv.Shine Thomas
(Expert) 17 November 2008
An appeal lies to the High Court within 60 days on the orders of the Commissioner.
