Page 67 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes is insufficient the Commissioner may by notice in writing stating his reasons call upon the
employer to show cause why he should not make a further deposit within such time as may be
stated in the notice.

Notes If the employer fails to show cause to the satisfaction of the Commissioner the
Commissioner may make an award determining the total amount payable and requiring
the employer to deposit the deficiency.

3.6.4 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.

3.6.5 Appeals [Section 30]

An appeal shall lie to the High Court from the following orders of a Commissioner namely:
 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;

 An order awarding interest or penalty under section 4A;
 An order refusing to allow redemption of a half-monthly payment;
 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
dependent;
 An order allowing or disallowing any claim for the amount of an indemnity under the
provisions of subsection (2) of section 12; or
 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.

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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.

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