Section 82 of the Employees’ State Insurance (ESI) Act, 1948 provide an appeals from orders of the ESI Court, stipulating that an appeal can only be file before the High Court if it involves a substantial question of law.
Grounds for Appeal: An appeal is only maintainable when there is a “substantial question of law”. This means the High court cannot interfere with the findings of fact made by the EI Court based on evidence and pleadings..
No Other Appeals: Generally, no other appeal can be taken from an order of an ESI Court unless specifically mentioned in this section.
Limitation for Filing of Appeal before High Court: The period within which an appeal must be filed is 60 days from the date of order/Judgments Passed b EI Court under section 75 of ESI Act 1948.
Applicable Laws: The appeal is governed by the provisions of the Limitation Act, 1963.
Section 82 in 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 sections 5 and 12 of the Limitation Act, 1963 (36 of 1963) shall apply to appeals under this section.
