What is Review? And what are The Method of Filling on Appeal Under The Workman Act 1923.

 Review

Following points are important for explanation of review under Workmen’s Compensation Act:

(1) What can be reviewed?

(2) Who can review?

(3) Review on application

(4) Application with certificate

(5) Application without certificate

(6) Continuation, increase, decrease or end of half-monthly payment

(7) Conversion of half-monthly payment into lump sum

 

(1) What Can Be Reviewed?

Any half-monthly payment, which is payable under Workmen’s Compensation Act, can be reviewed.

(2) Who Can Review?

Commissioner can review such half-monthly payment.

(3) Review On Application

Such half-monthly payment can be reviewed only on application, and such application can be either of employer or of workman.

(4) Application With Certificate

Such half-monthly payment can be reviewed when this application is accompanied by certificate of qualified medical practitioner that there has been change in conditions of workman.

(5) Application Without Certificate

Such half-monthly payment can be reviewed when this application is made without such certificate.

(6) Continuation, Increase, Decrease Or End of Half-Monthly Payment

On review, any half monthly payment can be continued, increased, decreased or ended.

(7) Conversion Of Half-Monthly Payment Into Lump Sum

On review, any half monthly payment can be converted to the lump sum to which the workman is entitled if accident causes permanent disablement.

The Method of Filling on Appeal Under The Workman

(1) Introduction

Any workman who has grievance from the order of the commissioner shall file on appeal to the Tribunal. An appeal under section 30 of the workman compensation Act 1923 lies only where a substantial question of law is involved.

(2) Relevant provisions

Section 30 of the workmen compensation Act 1923 is the relevant provisions.

(3) Appeals

According to the section 30 of the workmen compensation Act 1923 appeal the complete method of filling the appeal is explain it says that.

(i) An appeal shall lie to the Tribunal from the 1. Following orders of a commissioner, namely.

(a) An order awarding as compensation:

(b) An order refusing to allow redemption

(c) An order providing for distribution of compensation

(d) An order allowing or disallowing any claim

(e) An order refusing to register memorandum

 

(a) An order awarding as compensation:

An order awarding as compensation as a whole 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

An order refusing to allow redemption

(c) An order providing for distribution of compensation

An order providing for the distribution of compensation among the dependents of a deceased workman, or disallowing any claim of a person alleging himself to be such dependents.

(d) An order allowing or disallowing any claim

An order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub-section (2) of section 12, or

(e) An order refusing to register memorandum

An order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions.

(4) Substantial question of law

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 five thousand (5000) rupees.

(5) An agreement by the parties

Provided further, that no appeal shall lie in any case in which 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,

(6) Memorandum of appeal

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.

(7) Limitation for appeal

According to the section 30 (2) of the workman compensation Act 1923, the period of limitation for an appeal is 60 days.

(8) Provisions of limitation Act

According to See 30 (3) of workmen compensation Act 1923 the provisions of section 5 of = the limitation Act 1908 shall be applicable to appeals.

(9) Conclusion

To conclude it can be stated that an appeal against the order of the commissioner shall lie to the tribunal. And no appeal shall lie against any order unless a substantial question of law is involved in appeal. The time limit for appeal is 60 days and the provisions of Sec 5 of limitations Act are applicable to Appeals under workmen compensation Act 1923.

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