Report No. 134

3.10. Withholding of amount awarded to the workman pending appeal preferred by the employer.-

The concerned provision in section 30A is in these terms:-

"30A. Withholding of certain payments pending decision of appeal.-Where an employer makes an appeal under clause (a) of sub-section (1) of section 30, the Commissioner may, and if so directed by the High Court shall, pending the decision of the appeal, withhold payment of any sum in deposit with him."

Merely because the employer has preferred an appeal, it would be unfair to deprive the injured workman or the dependants of the deceased workman to avail of the fruits of the litigation. The power conferred on the Commissioner to withhold payment upon mere appeal being filed is, therefore, liable to be used in such a manner that causes untold hardship to the workman. On the other hand, the employer can always obtain a suitable order of stay from the High Court provided the High Court is satisfied that there is a case for granting stay on such conditions that the High Court may choose to impose on taking into account the relevant considerations and the facts of the case before the Court.

Section 30A has, therefore, become redundant and serves no useful purpose. Its existence is liable to result in injustice whereas its repeal is not liable to cause any hardship to any party since the High Court can always pass a suitable order of stay if it is called for by the circumstances of the case. Section 30A, therefore, deserves to be repealed.