- (1.) The present appeal is filed against the order of the Commissioner under the Workmen's Compensation Act, Karnal, whereby compensation to the tune of Rs.1,98,455/- was granted to the respondents. The employer came up in appeal seeking dismissal of the claim. Substantial question of law was involved as to whether the Commissioner had jurisdiction to entertain the claim petition in view of Section 53 of the Employees' State Insurance Act (hereinafter referred to as the Act)
(2.) Learned counsel for the appellant argued that the clear embargo in Section 53 of the Act made the claim petition not sustainable under the Workmen's Compensation Act. He contended that the appellant was covered under the Act and insurance number was allotted to the deceased, from whose salary, contribution for ESI was taken and the employer had deposited its part of the contribution. In such event, the claim, if any, could have been filed only under the Act.
(3.) No counter arguments were offered as no one had appeared despite service.;