Appeal.
82. (1) Save as expressly provided in this section, no appeal shall lie from an order of an Employees' Insurance Court.
(2) An appeal shall lie to the High Court from an order of an Employees' Insurance Court if it involves substantial question of law.
(3) The period of limitation for an appeal under this section shall be sixty days.
(4) The provisions of sections 5 and 12 of the Limitation Act, 1963 shall apply to appeals under this section.
COMMENTS
Presentation of an appeal before the High Court from an order of the ESI Court depends upon the involvement of substantial question of law. The question whether a particular person is an employee or not is a question of fact and has to be decided on the assessment of facts.-- ESI Corporation v. Charan Auto Agencies 1991 (63) FLR 562.
Where an application for setting aside the order met with a dismissal on the ground of non-production of evidence, though normal opportunities were given, evidence was denied and the order announced, held as no substantial question of law is involved in appeal, the same cannot be maintained.-- 1990(1) ACC 287.
Sub-s. (2) of s. 82 of the Act states that an appeal shall lie to the High Court from an order of ESI Court if it involves substantial question of law which means that this court while exercising appellate powers under s. 82 of the Act cannot interfere with the finding of fact based on appreciation of evidence recorded by the Insurance Court. The question whether or not certain employee answers the description of "employee" in cl.9 of s. 2 of the Act is a pure question of fact.-- Oriental Paper Mills v. Regional Director, ESI Corporation 1995 Lab. IC 212. |