Dear sir, Due to met with an accident, I have file a WC in labour dept against my employer. Recently got judgement at ACL in my favour. But my employer paid 50% to the court and trying to appeal in HC. I need some clarification
1. Can I get this 50% amount in case they will go to HC
2. In case any unfortunate death happened to me during this time in HC, my family will get any amount as per ACL judgement
3. Approx. time will take to close the WC case in HC
Please inform sir.

From India, undefined

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Legal openion against WC case
Dear sir,
Due to met with accident, I have file a wc in labour dept against my employer. Recently got judgement at ACL in my favour. But my employer paid 50% to the court and trying to appeal in HC. I need some clarification
1. Can I get this 50% amount incase they will go to HC
2. In case any unfortunate death happened to me during this time in HC, my family will get any amount as per ACL judgement
3. Approx. time will take to close the wc case in HC
Please inform sir
Thank yoy sir
Ramakrishna
9848309967

From India, undefined
Dear Ramakrishna,

In case of preferring appeal against the orders of the W.C.Commissioner, the employer has to deposit entire compensation amount and file the appeal with the receipt. Before taking on file, normally the High Court will verify it; if not you can bring it to the notice of Court during the first hearing itself.

The workman cannot get the awarded amount till the appeal is disposed of. However, when the appeal is pending for a long and in case of any necessity, you can file a petition before the Court and the Court will decide after hearing the other side.

No generalisation is possible to answer your second query. In case of the employer proves that the lower authority passed the order without deciding whether you were an employee as defined under the Act or the injury was due to an accident outside the zone of employment, the appeal can be allowed despite the death of the respondent in the mean time. So without knowing the facts, one cannot answer this query.

This question cannot also be answered with precision. It may take not less than 5 years.

From India, Salem
Legal opinion after going through the judgment - S.K. Mittal 9319956443
From India, Faridabad
Dear sir,

Thank you so much for your Information and advice.

As per one of my friend advice, I am giving some more information against this

As per my Job description my responsibilities are clearly indicate field work. My educational back ground also (PG-Forestry) similar to that. But my employer argued that clarical and not on duty. But after hearing both sides ACL given judgement recently in my favour and considered as on duty.

Accident was happened on 2016. From the accident they did not give any salary, but payslip is generating as mentioned 0. Finally I was filed a wc for 51 lakh in ACL on 2018 and got the judgement on Nov 2020 around 24 lakh.

Now my Employer deposited 19lakh in ACL office and then called to me personally after 4years and ask me to close the case, Otherwise will go HC like that they said. But my advocate advised that will go further without compromise.

I am completely bed ridden from the accident, and does not have any income source. I am 38 yr old. It was happened when I was in 33. That is why I am unable to take any decision due to my physical and mental conditions.

Please give me your valuable suggestions

Thanking you sir,

Ramakrishna

From India, undefined
Dear Ramakrishna,
First, I am very sorry about the unfortunate employment accident happened to you and it's debilitating impact on you and wish you speedy recovery.
After going through your successive posts, I infer that your ex-employer actually intends to settle the matter with the orders of the W.C. Commissioner and threatens you so to discourage you from preferring an appeal for enhanced compensation. I am not sure what your advocate advised you exactly whether to be content with the awarded compensation or preferring an appeal for higher amount.
The award amount would comprise of the compensation based on the loss of earning capacity and the medical expenses incurred by you so far plus 10% simple interest on the compensation amount w.e.f the date of accident. Therefore, I am not able to understand why the employer has deposited only Rs.19 lakh with the Commissioner and asks you to close the case at this stage itself while he is bound to deposit the amount together with interest up to the date of deposit.
If you are not interested in preferring any appeal on your own, you can withdraw the amount after appeal time is over and institute revenue recovery proceedings through the Commissioner for unpaid interest amount.

From India, Salem
Thank you Umakanthan sir.
Sir genarally how much time they have to go for appeal
I was already filed a caveat petition in HC sir
My advocate is trying to get awarded amount only as per ACL judgement sir
Please suggest me sir
Thank you sir
Ramakrishna

From India, undefined
It is 60 days u/s 30(2) of the EC Act,1923.
From India, Salem
Respected sir,
The appeal time(60days) is elapsed to my employer. Is there any chance to further appeal to my employer.
Please suggest me, what is my next step to get the deposit amount. And also to get balance of awarded amount with 50%compensation extra due to lack of entire awarded amount not deposited ontime as per judgement
Please suggest me sir
Thanking you sir

From India, undefined
Dear Ramakrishna,
When the time limit for appeal gets expired, normally the appeal would be dismissed by the High Court unless a reasonable cause is shown by the employer for condonation of delay to the satisfaction of the Court. Better you file a petition before the WC Commissioner for withdrawing the deposited amount and request him to initiate Revenue Recovery Proceedings through the District Collector for the interest due.

From India, Salem

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