B.K.Roy, N.B.Asthana, JJ. - (1.) This appeal has been preferred under Section 30 of the Workmen's Compensation Act, 1923 against the following order dated November 20, 1995 of the Deputy Labour Commissioner, Kumaon Region, Haldwani, Di strict Nainital passed on an application dated November 15, 1995 filed by the appellant for recalling the ex-parte order dated February 16, 1994: "Rejected because R.C. already issued on January 12, 1995"
(2.) Sri Rajesh Tandon, learned counsel for the appellant, contended that this appeal has been filed in view of an order dated January 12, 1996 passed by a learned single Judge of this Court in appellant's Civil Misc. Writ petition No. 1464 of 1996, as contained in Annexure-2, the relevant part of which runs as follows : "Heard counsel for the petitioner. Since the petitioner has an alternative remedy to file appeal under Section 30 of the Workmen's Compensation Act, 1923, I do not find it a fit case for interference. Learned counsel for the petitioner, however, submitted that this petition has been filed challenging the order rejecting the restoration application of the petitioner. In my opinion, on this basis the writ petition cannot be entertained as on the appellate side, this Court may be entitled to look into the facts and circumstances in which the order was passed ex-parte against the petitioner. Subject to the aforesaid, the writ petition is rejected. January 12, 1996 Sd/-R.R.K.Trivedi"
(3.) Section 30 of the Workmen's Compensation Act, 1923, under which this appeal has been filed, runs as follows : "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) an order awarding interest or penalty under Section 4; (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 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. (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, shall be applicable to appeals under this Section.";