Important Point—There must be a substantial question of law for entertaining appeal under Section 30 of Act.

1. These L.P. appeals are preferred against the common order dated 26.09.2016 made in OWP No. 689/2013 and OWP No. 711/2013 by the Writ Court, wherein the writ petitions filed by the appellant-Insurance Company challenging the award passed by the Commissioner under the Workmen Compensation Act, 1923 (renamed as Employees Compensation Act, 1923 by Amendment Act, 2000) ordering compensation of Rs. 6,45,800/- and Rs. 4,67,101/- respectively along with interest @ 12% per annum, were dismissed.

2. The Writ Court dismissed the writ petitions by holding that there is an efficacious alternate remedy available to the appellant by way of filing appeal under Section 30 of the Employees Compensation Act, 1923 and based on the earlier decision of this Court reported in 2002 ACJ 282 (United India Insurance Company Ltd. V. Deputy Labour Commissioner and others), the Writ Court disinclined to entertain the writ petitions.

3. The order passed in the writ petitions is challenged in both the L.P. Appeals principally on the ground that even if alternate remedy is .available, the writ petition is maintainable and the discretion is vested with the High Court to entertain or not to entertain the writ petition and the writ court ought to have entertained the writ petitions on the facts of the cases.

4. Learned counsel appearing – for the appellant IS not disputing the fact that respondent No.1 has approached the Commissioner under the Employees Compensation Act, 1923 (herein after to be referred as “the Act”) (Assistant Labour Commissioner, Doda), who is the Commissioner under the Act by filing claim petition and an award has been passed by the said authority after recording factual findings and as against the said award appeal is maintainable under Section 30 of the Act before the High Court. Section 30 of the Act reads thus:—

“30 Appeals

(1) An appeal shall lie to the High Court from the following orders of a Commissioner namely:—

(a) 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; (a) an order awarding interest or penalty under section 4A;

(b) an order refusing to allow redemption of a half-monthly payment;

(c) 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;

(d) 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 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 The period of limitation for an appeal under this section shall be sixty days (3) The provisions of section 5 of the Limitation Act 1963 (36 of 1963) shall be applicable to appeals under this section.”

5. It is to be noticed at this juncture that if an award passed by the Commissioner under the Employees Compensation Act is challenged, there is a pre-requisite to deposit the entire amount at the time of filing of appeal and the receipt/certificate of deposit shall be filed alongwith memorandum of grounds