Employees State Insurance Cor. ... vs Banney
2022 Latest Caselaw 6684 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 
Case :- FIRST APPEAL FROM ORDER No. - 1373 of 1993
 
Appellant :- Employees State Insurance Cor. Ltd.
 
Respondent :- Banney
 
Counsel for Appellant :- Rajesh Tiwari
 

 
Hon'ble Vipin Chandra Dixit,J.

1. Heard Sri Rajesh Tiwari, learned counsel for the appellant and perused the record.

2. This first appeal from order under section 82 of Employees State Insurance Act, 1948 has been filed by Employees State Insurance Corporation, against the judgment and order dated 27.04.1993, passed by Employees Insurance Court, Kanpur, in Appeal No.226 of 1992(Banney Vs. Employees State Insurance Corporation).

3. Brief facts of the case is that the respondent- Banney had received employment injury. The Medical Board after examining the injured found injury in his right eye, but did not award any loss of earning capacity. Certificate was issued on 08.09.1992 without disclosing any loss of earning capacity. The respondent had preferred appeal before the Employees Insurance Court, Kanpur, which was registered as Appeal No.226 of 1992(Banney Vs. Employees State Insurance Corporation) and was allowed on 27.04.1993. The order of Medical Board dated 08.09.1992 was set-aside and the workman was awarded 30% loss of earning capacity, vide order dated 27.04.1993.

4. The present first appeal from order has been filed by the appellant-Employees State Insurance Corporation challenging the order dated 27.04.1993. The appeal has been filed under section 82 of the Employees State Insurance Act, 1948, which is quoted herein below:-

"82. Appeal (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 sections 5 and 12 of the 1[Limitation Act, 1963 (36 of 1963)] shall apply to appeals under this section."

5. From the bare perusal of aforesaid sections it is apparent that the appeal is maintainable only on substantial question of law. The appellant has not framed any substantial question of law in the body of memo of appeal and even learned counsel for the appellant has failed to point out any substantial question of law involved in the present appeal.

6. In view of above, since there is no substantial question of law involved in the present appeal, the appeal is not maintainable, in view of section 82(2) of Employees State Insurance Act, 1948.

7. The appeal is dismissed accordingly.

8. Interim order, if any, stands vacated.

Order Date :- 13.7.2022

VKG