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CMA Intermediate · Business Laws and Ethics · Employees State Insurance Act, 1948

Sundaram Textiles Ltd. is aggrieved by an order of the Employees' Insurance Court. Under the ESI Act, 1948, where does an appeal from that order lie and on what ground?

An appeal against an order of the Employees' Insurance Court lies to the High Court, and only when the case involves a substantial question of law. Findings of fact by the Insurance Court are final and cannot be reopened in appeal.

  1. ATo the Employees' State Insurance Corporation, on any question of fact or law
  2. BTo the Central Government, on any ground of equity
  3. CTo the High Court, but only on a substantial question of lawCorrect
  4. DTo the District Court, on any question of fact

Explanation

An appeal from an order of the Employees' Insurance Court lies to the High Court, and only if it involves a substantial question of law. Questions of fact are finally settled by the Insurance Court. The Corporation, Central Government and District Court are not appellate forums.

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