Page 141 - DCOM207_LABOUR_LAWS
P. 141
Labour Laws
Notes 8.6.4 Powers and Procedure of Commissioners [Section 23]
The Commissioner shall have all the powers of a Civil Court under the Code of Civil Procedure
1908 for the purpose of taking evidence on oath (which such Commissioner is hereby empowered
to impose) and of enforcing the attendance of witnesses and compelling the production of
documents and material objects and the Commissioner shall be deemed to be a Civil Court for all
the purposes of section 195 and of Chapter XXVI of the Code of Criminal Procedure 1973.
8.6.5 Appeals [Section 30]
An appeal shall lie to the High Court from the following orders of a Commissioner namely:
l z An order as 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;
l z An order awarding interest or penalty under section 4A;
l z An order refusing to allow redemption of a half-monthly payment;
l z An order providing for the distribution of compensation among the dependants of
a deceased workman or disallowing any claim of a person alleging himself to be such
dependant;
l z An order allowing or disallowing any claim for the amount of an indemnity under the
provisions of sub-section (2) of section 12; or
l z 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; 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.
!
Caution The period of limitation for an appeal under this section shall be sixty days. The
provisions of section 5 of the Limitation Act 1963 (36 of 1963) shall be applicable to appeals
under this section.
8.6.6 Withholding of Certain Payments Pending Decision of Appeal
[Section 30A]
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 High Court shall pending the decision of the appeal
withhold payment of any sum in deposit with him.
Task Critically analyse the task and procedures of the Commissioners of your
area.
136 LOVELY PROFESSIONAL UNIVERSITY
