Page 95 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes examination as a witness) may be made or done by a legal practitioner or by an officer of a
registered trade, union authorised in writing by such person or with the permission of the
Court, by any other person so authorised.

5.3.7 Reference to High Court

An Employees’ Insurance Court may submit any question of law for the decision of the High
Court and if it does so shall decide the question pending before it in accordance with such
decision.

5.3.8 Appeal

(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.

5.3.9 Stay of Payment Pending Appeal

Where the Corporation has presented an appeal against an order of the Employees’ Insurance
Court, that Court may, and if so directed by the High Court shall, pending the decision of the
appeal, withhold the payment of any sum directed to be paid by the order appealed against.

Self Assessment

State whether the statements give below are correct or not:
10. In case of employee’s death in service, will his family receive pension benefit?

11. Will the pension once sanctioned remain constant?
12. Commutation is the option to receive a capital sum today instead of receiving a monthly
pension for rest of your life.

5.4 Penalties and Damages

The Act provides for penalties and damages for various offences. It also provides that if any
person commits any offence after having been convicted by the court, he will be punishable, for
every such subsequent offence, with imprisonment for a term which may extend up to 2,000 or
both. If the subsequent offence is for failure to pay any contribution, then for every such
subsequent offence a person is liable to punishment for a term of imprisonment which may
extend up to one year and which shall not be less than 3 months; and he will also be liable to pay
a fine up to 4,000.
Any contribution due under the Act and not paid can be recovered through the District Collector
under Section 45-B of the Act as arrears of land revenue. The employer can raise any dispute for
adjudication in the Employees’ Insurance Court of the area, set up under Section 74 of the Act.

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