Section 82 of THE EMPLOYEES’ STATE INSURANCE ACT, 1948
- (1)Save as expressly provided in this section, no appeal shall lie from an order of an Employees’ Insurance Court.
- (2)An appeal shall lie to the High Court from an order of an Employees’ Insurance Court if it involves a substantial question of law.
- (3)The period of limitation for an appeal under this section shall be sixty days.
- (4)The provisions of section 5 and 12 of the 2[Limitation Act, 1963 (36-6-1963)] shall apply to appeals under this section.
Summary
- Most orders from the Employees Insurance Court cannot be appealed.
- An appeal is only allowed if the case involves a substantial question of law.
- All such permitted appeals must be filed in the High Court.
- You have exactly sixty days to file an appeal once the order is given.
- The rules for calculating time and extending deadlines from the Limitation Act of 1963 apply here.
Practical examples
FAQ
1. What is the time limit for filing an appeal under Section 82 of THE EMPLOYEES’ STATE INSURANCE ACT, 1948?
The period of limitation for filing an appeal to the High Court is sixty days.
2. Can I appeal every decision of the Insurance Court under Section 82 of the ESI Act?
No, an appeal only lies if the order involves a substantial question of law.
3. Which court handles appeals under Section 82 of the ESI Act?
All appeals from an order of an Employees Insurance Court must be filed in the High Court.
4. Does the Limitation Act apply to ESI appeals under Section 82?
Yes, sections 5 and 12 of the Limitation Act, 1963 specifically apply to these appeals.
Test yourself
Q1.Under Section 82 of THE EMPLOYEES’ STATE INSURANCE ACT, 1948, what is the required deadline for filing an appeal?
Q2.According to Section 82 of THE EMPLOYEES’ STATE INSURANCE ACT, 1948, an appeal is only valid if it involves which of the following?
Q3.Under Section 82 of THE EMPLOYEES’ STATE INSURANCE ACT, 1948, which specific law's provisions for extending time apply to appeals?
Q4.If a judge makes a simple factual mistake about how many days a worker was sick, can this be appealed under Section 82 of THE EMPLOYEES’ STATE INSURANCE ACT, 1948?