Workmen's Compensation Act, 1923 — section 30

30. Appeals..—(1) An appeal shall lie to the 6[Tribunal] from the following orders of a commission namely.

(a)an order awarding as compensation a lump sum whether by way of redemption of a half‑monthly payment or otherwise or disallowing a claim in full or in part for a lump sum ;

(b)an order refusing to allow redemption of a half monthly payment;

(c)an order providing for the distribution of compensation among the dependants of a deceased workman, or disallowing any claims of a person alleging himself to be such dependant ;

(d)an order allowing or disallowing any claim for the amount of an indemnity under the provisions of Subsection (2) of section 12 ; or 1 Subs. by the Workmen’s Compensation (Amdt.) Act, 1929 (5 of 1929), section 6 (w.e.f. 29­3­1929), for “to a person under a legal disability”. 2The words “or to a dependent” omitted by the Repealing and Amending Act, 1924 (7 of 1924), s. 3 and Sch. II (w.e.f. 15-3-1924). 3 Cl. (b) omitted by Act 5 of 1929, s. 6. 4 The words “or to any dependent” omitted by Act 7 of 1924, s. 3 and Sch. II. 5 Subs. ibid., s. 2 and Sch. I, for “or may make such order”. 6 Subs. by the Labour Laws (Amdt.) Act, 1975 (11 of 1975), s. 2 and Sch. (w.e.f.25­1­1975 ), for “High Court”.

(e)an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions: Provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal and, in the case of an order other than an order such as is referred to in clause

(b), unless the amount in dispute in the appeal is not less than three hundred rupees: Provided, further, that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the Commissioner, or in which the order of the Commissioner gives effect to an agreement come to by the parties: 1 [Provided further that no appeal by an employer under clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against.]

(2)The period of limitation for an appeal under this section shall be sixty days.

(3)The provisions of section 5 of the Limitation Act, 1908 (IX of 1908), shall be applicable to appeals under this section. 2 [(4) All appeals under this section, and all questions under section 27, pending before any High Court immediately before the commencement of the Labour Laws (Amendment) Act, 1975, shall, on such commencement, stand transferred to, and be disposed of by, the Tribunal within whose jurisdiction the cause of action to which the appeal relates or, as the case may be, the question arose.] 3[30A. Withholding of certain payments pending decision of appeal.—Where an employer makes an appeal under clause (a) of sub‑section (1) of section 30, the Commissioner may, and if so directed by the 4[Tribunal] shall, pending the decision of the appeal, withhold payment of any sum in deposit with him.] 5[31. Recovery.—(1)] The Commissioner may recover as an arrear of land revenue any amount payable by any person under this Act, whether under an agreement for the payment of compensation or otherwise, and the Commissioner shall be deemed to be a public officer within the meaning of section 5 of the Revenue Recovery Act, 1890 (I of 1890). [(2) Without prejudice to the provisions of sub‑section (1), the Commissioner may recover 6 in the prescribed manner any amount referred to therein by distress and sale of the moveable property belonging to the person by whom the amount is payable, or by attachment and sale of the immoveable property belonging to such person.] CHAPTER IV RULES