Ppt on Employees Compensation Act, 1923, Slides of Labour Law

Download Ppt on Employees Compensation Act, 1923 and more Slides Labour Law in PDF only on Docsity! 6/30/2021 Employees Compensation Act, 1923 : Overview and Analysis Post Views: 27493 Employees Compensation Act, 1923: Amazing facts to know about it By Diva Rai - November 21, 2019 THE EMPLOYEES COMPENSATION ACT, 1923 Image source - https://bit.ly/37rezVj This article is written by Madhuri Pilania, a first-year student pursuing BBA.LLB from Symbiosis Law School, Noida. This article deals with the Employees Compensation Act, 1923. Table of Contents https://blog ipleaders.in/employees-compensation-act-1923-amazing-facts-to-know-about-it/ 4130 6/30/2021 Employees Compensation Act, 1923 : Overview and Analysis. 0.1. Introduction https://blog ipleaders.in/employees-compensation-act-1923-amazing-facts-to-know-about-it/ 2130 6/30/2021 Employees Compensation Act, 1923 : Overview and Analysis. 0.2.4. Commissioners 0.2.4.1. Section 19: Reference to Commissioner 0.2.4.1.1. Jurisdiction of Civil Court 0.2.4.2. Section 20: Appointment of Commissioner 0.2.4.3. Section 21: Venue of proceedings and transfer 0.2.4.4. Section 22: Form of Application 0.2.4.4.1. Liability of insurer 0.2.4.4.2. Defective application 0.2.4.4.3. Section 22-A 0.2.4.5. Section 23: Powers and Procedure of Commissioners 0.2.4.6. Section 24: Appearance of Parties 0.2.4.6.1. Section 25: Method of Recording Evidence 0.2.4.6.1.1. Section 25A: Time limit for disposal of cases relating to compensation 0.2.4.7. Section 26: Cost 0.2.4.8. Section 27: Power to submit cases 0.2.4.9. Section 28: Registration of agreements 0.2.4.10. Section 29: Effect of failure to register agreement 0.2.4.11. Section 30: Appeals 0.2.4.11.1. Substantial Question of Law 0.2.4,12. Can courts intervene on question of fact? 0.2.4.12.1. When does an appeal lies? 0.2.4.12.2. Effect of death of claimant 0.2.4.12.3. Third proviso to Section 30(1) 0.2.4.12.4. Review, Revision, Remand, and Writ 0.2.4.12.5. Appeal not accompanied with certificate by the Commissioner under Proviso (3) 0.2.4.12.6. Condonation of delay 0.2.4.12.7. Section 30-A: Withholding of certain payments pending decisions of appeal 0.2.4.13. Section 31: Recovery 0.3. Rules 0.3.0.1. Section 32: Power of the State Government to make rules 0.3.0.2. Section 34: Publication of rules 0.3.0.3. Section 35: Rules to give effect to arrangements with other countries for the transfer of money paid as compensation 0.3.0.4. Section 36: Rules made by the Central Government to be laid before Parliament 0.4. Conclusion 0.5. References Introduction Every employee needs a secured job and wants to get compensation for the expenses he has incurred. This is a requirement that needs to be fulfilled by the company whether it is small scale or large scale. After all, a company’s success depends on its employees. Therefore, the protection of employees’ and their safety is a top priority of a company. This article is all about how much compensation is given, under what conditions, who is entitled to claim compensation and a lot more. Main features of the Act https://blog .ipleaders.in/employees-compensation-act-1923-amazing-facts-to-know-about-it/ 5130 6/30/2021 Employees Compensation Act, 1923 : Overview and Analysis The “Employees Compensation Act, 1923” is an Act to provide payment in the form of compensation by the employers to the employees for any injuries they have suffered during an accident. Earlier this Act was known as the Workmen Compensation Act, 1923. When the employer is not liable to pay compensation- 1. If the injury does not end in the entire or partial disablement of the employee for a period exceeding three days. 2. If the injury, not leading in death or permanent total disablement, is caused by an accident which is directly attributable to: * The employee having at the time of the accident is under the influence of drink or drugs; ¢ The willful disobedience of the employee to an order if the rule is expressly given or expressly framed, for the purpose of securing the safety of employees; or ¢ The willful removal or disregard by the employee of any safety guard or other device which has been provided for the purpose of securing the safety of employees. Principles Governing Compensation Who will be receiving the compensation on behalf of the deceased? ¢ A widow or a minor who is a legitimate son or unmarried daughter or a widowed mother is entitled to compensation; ¢ If the family of the deceased is wholly dependant on the earnings of the employee at the time of his death or a son or daughter who has attained the age of eighteen years; e A widower; ¢ A parent other than a widowed mother; ¢ A minor illegitimate son, an unmarried illegitimate daughter or a daughter legitimate or illegitimate or adopted if married and a minor or if widowed and a minor; e Aminor brother or an unmarried sister or a widowed sister if a minor; ¢ A widowed daughter-in-law; ¢ Aminor child of a predeceased son; ¢ Aminor child of a predeceased daughter where no parent of the child is alive, or; ¢ A paternal grandparent if no parent of the employee is alive. Nature of Liability Imagine what will happen if an employee who is working putting in great benefits gets to know that he/she will not be getting any benefits. After all, people tend to do something to https://blog .ipleaders.in/employees-compensation-act-1923-amazing-facts-to-know-about-it/ 6/30 6/30/2021 Employees Compensation Act, 1923 : Overview and Analysis get something in return. When the principle of vicarious liability is applied, the employer is liable to pay compensation irrespective of his/her negligence. Employer anticipates it as damages payable to the employees but it is actually a relief for them. An Employer becomes liable when employees have sustained injuries by any accident or unavoidable situations during the course of employment. The question arises: Will an employee who is a part-time worker would still be entitled to the benefits of the Act? Yes, the employer will still get the benefits of the Act. Who may get the compensation? To what extent the employers are liable? To be eligible for the Employees’ Compensation Act’s benefits there are some requirements which need to be fulfilled: 1. You must be an employee of the Company or Organisation. 2. You must have been injured at the workplace or the job was as such that you have been injured. Doctrine of added peril When an employee performs something which is not required in his duty, and which involves extra danger, the employer cannot be held liable to pay compensation for the injuries caused. In the case of Devidayal Ralyaram v/s Secretary of State. It was ruled that the doctrine of added peril was used as defense and the employer was not liable for the compensation. Adjudication of Compensation The adjudication is done by the commissioner in calculation of the amount of compensation. The quantum of compensation is calculated from the date of the accident. Self-inflicted Injury If a worker inflicts an injury to himself or herself it is a self-inflicted injury. The injury may be intentional or accidental but the employer is not liable for such injuries. There are some types of jobs that have a high risk for self-inflicted injuries which include- https://blog .ipleaders.in/employees-compensation-act-1923-amazing-facts-to-know-about-it/ 7130 6/30/2021 Employees Compensation Act, 1923 : Overview and Analysis contracting of such disease will be deemed to be an injury by accident within the meaning of this Section: Pneumoconiosis is a disease caused by sclerogenic mineral dust (silicosis, anthracosilicosis, asbestosis) and silico-tuberculosis if silicosis is an essential factor in causing the resultant incapacity or death, such diseases are considered as occupational diseases. For instance, an office of KLM Consultant was located in a new place. The new place had large areas, and a new wallpaper was also placed, the area painted, and a new carpet was also laid. Employees worked in cubicles. However, within a month of shifting, one of the employees, Rahul Sharma complained of skin allergy. At the new workplace, there were no windows in the cubicle where Rahul had shifted. A photocopy machine was near to his cubicle. Since his shifting, he started complaining of unpleasant odors, a feeling of excessive tiredness and irritation in eyes, nose, and throat. Le AONB Toa =1 edi) 37 LAW COACHING aaa a ADMINISTRATION & BUSINESS Ne) GET PE ae eee es Click Above Also, some paint boxes were kept at the office which was still not removed even after his complaining. He also complained about the increasing noise and distraction there. The rashes which started a week ago with itching and redness now turned more grievous and had spread from the initial location of the hand to surfaces of the wrists. Due to his allergic condition, Rahul had to visit a doctor who advised him to avoid going out. As Rahul had to https://blog .ipleaders.in/employees-compensation-act-1923-amazing-facts-to-know-about-it/ 10/30 6/30/2021 Employees Compensation Act, 1923 : Overview and Analysis incur expenses on visiting the doctor and medicines, he approached his employer for compensation. The company had bought a workplace compensation insurance policy from the insurance company. The Company KLM Consultant considered it as an occupational disease and approached the employee’s compensation insurance company to recover its legal liability and hence pay the compensation to Rahul. After checking all the documents submitted by Rahul, the insurer considered it as an occupational disease and agreed to settle the claim. The insurer covered medical expenses incurred by Rahul on his treatment. Section 3(3) The Central Government or the State Government gives a notification in the Official Gazette which species the diseases which will be deemed to be occupational diseases under the provisions of sub-section(2) and in the case of notification by the state government, these diseases are declared by the Act. Section 3(4) No compensation will be payable to an employee unless the disease is directly attributable to a specific injury that arises out of or in the course of employment. Employment Underemployment, an employee is one who works under the employer and has to work as per the terms of the company or the employer. Personal injury A personal injury can be compensated only in some circumstances. Injury sustained by the employee must be a physical injury. Example- If a person is discriminated on the basis of: https://blog .ipleaders.in/employees-compensation-act-1923-amazing-facts-to-know-about-it/ 11130 6/30/2021 Employees Compensation Act, 1923 : Overview and Analysis e Age ° Sex ¢ Sexual Orientation ¢ Transsexual person ¢ Ifa person is having a disability ¢ Religion and belief ¢ Colour, Nationality ¢ Pregnancy and Maternity leave ¢ Marriage or Civil Partnership In the case of Richmond Adult Community College v McDougall (2008), M has suffered injuries mentally, psychological disorders as he was offered a job as a database assistant in a college. But when it learned about the medical history and the psychological disability M was suffering from, the college withdrew the offer. M brought a disability discrimination claim from the college. The tribunal accepted that m was suffering from mental impairment but she was not disabled within the meaning of Section 1 of the Disability Discrimination Act, 1995. Case Law- G.S.R.T.C. v. Ashok Kumar Keshavlal Parekh Accident The Act provides that compensation is provided to employees and their dependants only if the injuries from the accident includes occupational diseases. The accident must occur in the course of employment the Act also applies to railway servants and persons employed in any such capacity as specified in Schedule 2 of the Employees Compensation Act. The people employed in factories, mines, plantations, vehicles, construction works, and certain other hazardous occupations come under Schedule 2. A fatal accident is one where there is death or a high risk of loss of life of the employee. In the case of a fatal accident, the employee might die or suffer severe disablements and injuries. On the other hand, non-fatal accidents are those accidents that do not have a high probability of death. In the case of non-fatal accidents, the employee or the workman might suffer disabilities or any type of personal injury. Both fatal and non-fatal accidents are covered by the Employees Compensation Policy, provided such accidents result in the mentioned contingencies in the act. Fatal accidents are taken as those which result in death, or permanent total disablement, permanent partial disablement or fatal injuries. If any of these contingencies occur, the employees’ compensation policy would pay the claim faced by the company. In the case of non-fatal https://blog .ipleaders.in/employees-compensation-act-1923-amazing-facts-to-know-about-it/ 12130 6/30/2021 Employees Compensation Act, 1923 : Overview and Analysis The question is whether the insurance coverage is available to the insured employer- owners? The owner of motor vehicles, in relation to their liabilities under the Employment Compensation Act on account of motor accident injuries caused to their employees would include additional statutory liability foisted on the insured employers under Section 40 of the Compensation Act. Section 4: Amount of compensation Where death results from the injury- In case the employee dies, an amount equal to fifty percent of the monthly wages multiplied by a factor as per given in the Schedule 4 of the act or rupees eighty thousand is given whichever is more. Where permanent total disablement results from the injury- In case the employee has total disablement the amount given is sixty percent or rupees ninety thousand whichever is more. Where permanent partial disablement results from injury- In the case of permanent partial disablement, the compensation provided is equal to disability as sixty percent or rupees ninety thousand. Liability of Insurer The liability of the insurer is determined on the basis of the wages of the employee. The amount of wages is covered under the insurance policy. The company will be liable to indemnify only that portion of the amount which is under wages. Causal connection between disease and occupation The amount of compensation is paid when the insurer certifies that the injury is the result of an occupational disease. Application of law of pleadings An application for pleadings can be filed by the employee under the amount of compensation when he/she thinks that the amount that is decided is not appropriate with respect to the injury incurred. https://blog .ipleaders.in/employees-compensation-act-1923-amazing-facts-to-know-about-it/ 15/30 6/30/2021 Employees Compensation Act, 1923 : Overview and Analysis Section 4-A: Compensation to be paid when due and penalty for default e When the employer does not accept liability for compensation to the extent claimed, he shall be bound to make a payment may be provisional and such payment shall be deposited to the employee or the commissioner. ¢ The commissioner can direct the employer to pay interest in addition to the amount at the rate of twelve percent per annum. The rate of interest can also increase which may be specified by the Central Government. Section 5: Method of calculating Wages The basis for the calculation of compensation is the monthly wage system. It means the amount of wages deemed to be payable for a month. A case dealing with the method of calculating wages was Zubeda Bano v. Maharashtra Road Transport Corporation, 1990. Batta does not amount to wages for computing compensation. It is paid to workman per day to cover special expenses incurred by him due to the nature of his work. Another case was New “India Assurance Co. Ltd., Hyderabad v. Kotam Appa Rao, 1995. When the employer has been giving service to the employer during a continuous period of not less than twelve months preceding the accident, and when the employer is liable to pay compensation, the employee will be liable one-twelfth of the total wages. The employer is required to pay the compensation which is due for payment to employees in the last twelve months of that period. Section 6: Review 1. Any half monthly payment can be reviewed by the commissioner under this act if there is an agreement between the parties or if there is an order given by the commissioner. A certificate of a qualified medical practitioner will be accompanied that there is a change in the condition of the employee subject to the rules and regulations under the Act. 2. Any half monthly payment may be reviewed, can be continued, increased, decreased or ended under the act or if the accident is found which resulted in permanent disablement. Such an employee may get less amount because he had already received by way of half monthly payments. Section 7: Communication of Payments Commutation of half- monthly payments- Any right to receive half- monthly payment agreement between the parties is commutation of payments. If the parties do not agree https://blog .ipleaders.in/employees-compensation-act-1923-amazing-facts-to-know-about-it/ 16/30 6/30/2021 Employees Compensation Act, 1923 : Overview and Analysis and the payment continues for not less than six months then on the application of either party, the Commissioner will redeem the payment of a lump sum amount which was agreed by the parties. Section 8: Distribution of Compensation Rights of heirs of dependents 1. Compensation will not be provided to the employee whose injury has resulted in death and lump sum payment will also be not provided who is under a legal disability. The compensation may be deposited to the commissioner and a direct payment will not be allowed by the employer to the employee. 2. In the case of a deceased employee, an employer can make payment to any dependant advances. The compensation will amount to equal to three months’ wages of the employee and the amount shall not exceed the compensation payable to the dependant. If the amount exceeds, it may be deducted by the commissioner from the compensation and repaid to the employer. 3. An amount not less than ten rupees which is payable may be deposited with the commissioner on behalf of that person. 4. The receipt of the commissioner will be sufficient discharge of the amount if any compensation is deposited with him. 5. When any compensation is deposited with the commissioner and he is payable to any person, he may if the person to whom the compensation is to be payable is not a woman or a person with a legal disability then he may pay the money to the person who is entitled to get the compensation. 6. When any lump sum amount is deposited with the commissioner and he is payable to a woman or a person who is legally disabled, such amount can be invested for the benefit of any other woman or a person with a disability. The commissioner may direct the amount in such cases. Section 9: Compensation not to be assigned, attached or charged Compensation not to be assigned, attached or charged, save as provided by this Act, no lump sum or half- monthly payment payable under this Act shall in any way be capable of being assigned or charged or be liable to attachment or pass to any person other than the workman by operation of law, nor shall any claim be set off against the same. Section 10: Notice and claims of the accident https://blog .ipleaders.in/employees-compensation-act-1923-amazing-facts-to-know-about-it/ 17130 6/30/2021 Employees Compensation Act, 1923 : Overview and Analysis 1. When an employer enters into a contract with any insurer in respect of any liability to an employee, and if the employer becomes insolvent or makes a composition or scheme or arrangement with his creditors in this event the company is insolvent. The employee can recover the amount of compensation if the company is winding up and it is the case of insolvency. 2. If in any case in the case of insolvency,the contract of the employer with the insurer is void or voidable due to any reason such as non compliance on the part of the employer, if the contract is not void or voidable the insurer may be entitled to prove in the proceeding or at the time of liquidation for the amount to be paid to the employee. 3. In case the liability of the insurer to the employee is less than the liability of the employer to the employee, the employee may prove for the balance amount of the compensation in the insolvency proceedings or at the time of liquidation. 4. When the compensation is a half monthly payment, the amount due for the said purpose will be taken in a lump sum amount. The amount payable will be half monthly payment, if it be could be redeemable it will be proof. 5. The insolvency of the employer shall not be applied where a company has wound up voluntarily merely for purposes of reconstruction of the company or amalgamation with another company. Section 14-A: Compensation to be first charge on assets transferred by Employer When an employer transfers his assets or property before any amount is due to him in respect of any compensation, and the liability accrued is now before the date in law it is the first charge on that part of the assets or property so transferred as it consists of immovable property. Section 15: Special provisions relating to Masters and Seamen When the person injured in the aircraft is the master of the ship and he is the employer, but the accident happened and commenced on the ship, it is not necessary for the seaman to give any notice of the accident for compensation for the injuries suffered. In such cases the death of the seaman or the master, the claim for compensation may be made within one year without the notice after the news of death is received by the claimant. Also if the ship is deemed to have been lost, within eighteen months of the date on which the ship was or is deemed to have been lost. Section 15-A: Special provisions relating to captains and other members of the crew of aircrafts https://blog .ipleaders.in/employees-compensation-act-1923-amazing-facts-to-know-about-it/ 20/30 6/30/2021 Employees Compensation Act, 1923 : Overview and Analysis If the captain of the aircraft is serving and he is the employer but an accident occurs, any crew member or the captain it is not necessary for any crew member to give notice of the accident. In such cases the death of the seaman or the master, the claim for compensation may be made within one year without the notice after the news of death is received by the claimant.Also if the ship is deemed to have been lost, within eighteen months of the date on which the ship was or is deemed to have been lost. When an injured captain or any other crew member of the aircraft or the ship is discharged from any depositions or testimony of a witness is taken by a judge or magistrate the central government or any state government may enforce any proceedings on the basis that the evidence is admissible: ¢ if the deposition or testimony of witness is authenticated by the signature of the Judge, Magistrate, or consular officer before it is made. ¢ if the person who is accused or he/she is the defendant is having the opportunity by himself or his agent to cross-examine the witness. e if the deposition or the testimony of the witness is or was made in the course of a criminal proceeding and the proceeding was made in the presence of the person who is accused. Section 15-B: Special provisions relating to employees abroad of companies and motor vehicles The special provision related to employees abroad and motor vehicles will be applied to the persons or employees who are recruited by the companies registered in India and under the Motor Vehicles Act, 1998. ¢ The notice of the accident and the compensation claimed may be served on the agent of the company. Or the notice may be served on the local agent or the owner of the motor vehicle in the country of the accident. ¢ In case the employee dies, the provisions made in this section 15-B shall apply. The claim for compensation may be made within one year after the news of the death of the claimant has been received. ¢ Therefore, in case of any compensation claimed, the commissioner shall entertain the claim. Although as provided in the section is not much preferred in due time. Section 16: Returns as to Compensation https://blog .ipleaders.in/employees-compensation-act-1923-amazing-facts-to-know-about-it/ 21/30 6/30/2021 Employees Compensation Act, 1923 : Overview and Analysis The state government can direct any person who is employing an employee at a specified class, specified time and authority that is specified in the notification of official gazette. The state government may also direct to specify the number of injuries in respect of compensation and the amount that has been paid by the employer during the previous year as compensation. Section 17: Contracting out If an employee has made a contract or agreement before or after the commencement of the act, and if he voluntary ceases the right to compensation from the employer it shall be considered null and void. The employee cannot seek compensation for any personal injury arising out of or in the course of employment and the liability will be reduced of any person who is entitled to pay compensation under this Act. Section 18-A: Penalties Penalties Arise when whoever- ¢ Fails in maintaining a book that is required to maintain under sub Section 3 of Section 10. ¢ The person fails to make a report that is needed to send under section 10B. ¢ Fails to inform the employee of his rights to claim compensation needed under Section 17A. He or she will be punished with fine which is not less than fifty thousand rupees that can be extended to one lakh rupees. ¢ No prosecution can take place under this section. Commissioners Section 19: Reference to Commissioner The question arises about the liability of any person under the act, who will pay the compensation. A question arises about the person who is injured or not or how much amount is to be given or the duration of the compensation. Also about the extent of the disability the person who is suffering and will get compensation. All such issues are to be resolved by the commissioner. Jurisdiction of Civil Court The Jurisdiction of the civil court does not have the authority to settle, decide or deal with questions that are not required to be dealt with under the act if it dealt by the https://blog .ipleaders.in/employees-compensation-act-1923-amazing-facts-to-know-about-it/ 22130 6/30/2021 Employees Compensation Act, 1923 : Overview and Analysis Section 25: Method of Recording Evidence The commissioner makes a brief written message(memorandum) of the evidence of every witness as the examination process proceeds. The memorandum should be in written form and duly signed by the commissioner. The form so signed by the commissioner must be in his own handwriting and it will be a part of the record. Section 25A: Time limit for disposal of cases relating to compensation The Commissioner can dispose of the matter relating to compensation under this Act within a period of three months from the date of reference and intimate the decision in respect thereof within the said period to the employee. Click Above Section 26: Cost All costs, incidental to any proceedings before a Commissioner, shall, subject to rules made under this Act, be in the discretion of the Commissioner. Section 27: Power to submit cases A commissioner can submit a Question related to law so that the High Court can decide the compliance with the standards or rules if the High Court wants to do so. https://blog .ipleaders.in/employees-compensation-act-1923-amazing-facts-to-know-about-it/ 25/30 6/30/2021 Employees Compensation Act, 1923 : Overview and Analysis Section 28: Registration of agreements A memorandum should be sent by the employer to the commissioner when a lump sum amount is payable as compensation due by the agreement either half monthly payment or payment being payable to a woman or a person with a legal disability. The memorandum must be genuine and should be registered in the prescribed manner. However, a memorandum cannot be recorded before seven days after the communication has taken place between the commissioner and the concerned parties. Section 29: Effect of failure to register agreement The employer will be liable to pay the full amount of compensation if the registration of the agreement of memorandum is not sent to the commissioner as required under the section. The employer will pay the compensation as he is liable to pay under the provisions of the Act (Section 4). Until the commissioner directs to deduct more than half of the amount to be paid to the employee as compensation. Section 30: Appeals An appeal may lie to the High Court by following the orders of the commissioner. e¢ Alump sum amount as compensation is awarded as an order, and redemption of half the monthly payment is away. e An order may refuse to allow gain of a half monthly compensation. ¢ Distribution of compensation by order among the family members of the deceased, or disallowing of any claim of a person. Substantial Question of Law If there is difficulty in applying the facts to the law it will not amount to a substantial question of law. Reference case- Asmath Bedi(dead) v. Marimuthu. The period of limitation under section 30 is sixty days if a person makes an appeal. An appeal lies against the order of commissioner who will compensate only when a substantial question of law. The scope in section 30 of the Act for appealing against the order that is passed by the commissioner is very limited. An appeal shall not lie against any order unless a substantial question of law. Can courts intervene on question of fact? https://blog .ipleaders.in/employees-compensation-act-1923-amazing-facts-to-know-about-it/ 26/30 6/30/2021 Employees Compensation Act, 1923 : Overview and Analysis Yes, the courts can intervene on the question of fact. This was done in the case of Mangala Ben vs Dilip Motwani. It was first held that there is no substantial question of law. In the opinion of the Court, the finding of the Commissioner does not prove that the deceased was in the employment of the owner. The learned Commissioner further held that the claimant did not produce any evidence to prove that the deceased was employed for the purposes Dilip Motwani’s trade or business. He observed that in the absence of such evidence, the deceased cannot be held to be an employee. In the opinion of the court, the Commissioner committed error of law in holding that the burden lay on the claimant to prove that the deceased was employed for the purposes of the respondent’s trade or business. The appellate court has no jurisdiction to entertain an appeal unless the same involves a substantial question of law, Nisan Springs (Pvt) Ltd v. Om Jain, 1990. When does an appeal lies? An appeal lies when there is a judgment passed by the court but the employee or his dependants are not satisfied and then they appeal. Effect of death of claimant If the injury of the employee results in his death, the employer shall give compensation in addition to the compensation that is deposited with the commissioner. A sum of five thousand rupees and not less than that will be given to the eldest surviving dependant of the employee. Third proviso to Section 30(1) 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. Review, Revision, Remand, and Writ If an employee is not satisfied with the decision of the court regarding the compensation, he can appeal for review by the court. Review can be made only after the decree is passed by the court or an order is made. If there is an error in the decision by the court appeal can be made for revision which can be done only by the High Court. An employee can writ if he has been wrongly remanded. Remand means In custody of the court. Appeal not accompanied with certificate by the Commissioner under Proviso (3) https://blog .ipleaders.in/employees-compensation-act-1923-amazing-facts-to-know-about-it/ 27130