Limitation for filing claim under employee compensation act
(Querist) 26 December 2022
This query is : Resolved
Kindly tell the Limitation for filing Claim under Employee Compensation Act, 1923. Despite reading the Text of the Act, I could not get it.
I want to know the limitation applicable tom the state of Karnataka.
T. Kalaiselvan, Advocate
(Expert) 29 December 2022
2) The period of limitation for an appeal under this section shall be sixty days. (3) The provisions of section 5 of the Indian Limitation Act, 1908 (9 of 1908 ), shall be applicable to appeals under this section.
Under Section 30 in The Workmen' S Compensation Act, 1923:30. Appeals.-
(1) An appeal shall lie to the High Court from the following orders of a Commissioner, namely:--
(a) an order 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;
(aa) 1 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: 2 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.]
(Querist) 02 January 2023
Sir, I want to know the limitation period for filing original claim.
T. Kalaiselvan, Advocate
(Expert) 02 October 2023
For filing the claim you may have to submit an application before the commissioner of labor venting out your grievances and seek relief and remedy to this, if the commissioner after hearing both the sides is not able to solve the issue he may refer the matter to the regular court by attaching a failure report.
The complaint before the labor commissioner is to be filed within two years from the date of cause of action.