Workmen’S Compensation Act · 1984 Revised Edition · Part III
Section 42
Official textFrom Attorney General's Chambers, unchanged
Save as hereinafter provided, no appeal shall lie to the High Court from any order of an arbitrator.
arbitrator
"arbitrator" means a person appointed by His Majesty by notification in the Gazette to be an arbitrator for workmen's compensation; the "Commissioner'' means the Commissioner of Labour appointed under section 3 of the Labour Act…
If a Judge shall sign a certificate that the decision of an arbitrator involves a question of law which it is desir-able in the public interest to have determined by the High
Court, upon an application made in that behalf by or on behalf of a workman or his employer an appeal shall lie to the High Court.
employer
"employer" includes - (a) the Government; (b) any statutory body or authority; (c) any person or body of person whether in-corporate or not; (d) the legal personal representative of a de-ceased employer; and (e) in relation to a person employed for the pur-pose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of such club; and where the services of a workman are tempor-arily lent or let on hire to another person by the person with whom the workman has entered into a contract of employment, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person;
An appeal shall lie to the Court of Appeal from any decision of the High Court under this section.
( 4) An appeal shall not lie in any case in which the parties have agreed to abide by the decision of the arbitrator
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Workmen's Compensation or in which the order of the arbitrator gives effect of an agreement come to by the parties.
Subject to rules of Court, the procedure in an appeal to the High Court shall be the procedure in a civil appeal from a Magistrate Court with such modifications as the circumstances may require.
49 43.
Where any order has be~n made by an arbitrator Enforcement of orders and or the Commissioner or any agreement recorded by the agreements
Commissioner, the Commissioner shall, at the request of any person claiming under such order or agreement, send a certified copy thereof to a Registrar of the Supreme Court who shall cause the said copy to be recorded and thereupon the said order or agreement shall for all purposes be en-forceable as a judgement of the Supreme Court.
Where the Commissioner has sent a certified copy of an order or of an agreement to the Registrar to be recorded under the provisions of subsection (1).and subse-quently on review under section 10, 15, 16 or 17 an order is made varying the amount of compensation to be paid under such order or agreement, the Commissioner shall send a certified copy of the said order or agreement as varied by him to the Registrar who shall cause the same to be re-corded and thereupon the original order or agreement as varied by the subsequent order shall for all purposes thence-forth be enforceable in lieu of the original order or agree-ment as a judgment of the Supreme Court.
Terms defined in s 3
arbitrator
Defined · s 3"arbitrator" means a person appointed by His Majesty by notification in the Gazette to be an arbitrator for workmen's compensation; the "Commissioner'' means the Commissioner of Labour appointed under section 3 of the Labour Act…
employer
Defined · s 3"employer" includes - (a) the Government; (b) any statutory body or authority; (c) any person or body of person whether in-corporate or not; (d) the legal personal representative of a de-ceased employer; and (e) in relation to a person employed for the pur-pose of any game or recreation and engaged or paid through a club, the manager or members of the managing committee of such club; and where the services of a workman are tempor-arily lent or let on hire to another person by the person with whom the workman has entered into a contract of employment, the latter shall, for the purposes of this Act, be deemed to continue to be the employer of the workman whilst he is working for that other person;