1. APPEAL — Employment Security Act — Claims — Judicial Review in Appellate Court. — An "appeal" under Section 52-1557g, Burns' 1951 Replacement (1959 Cum. Supp.), involving claims for unemployment benefits under the Indiana Employment Security Act, is not an appeal in fact but is rather a "judicial review" of the decision of the order of the Employment Security Board by the Appellate Court. p. 583.
2. APPEAL — Employment Security Act — Hearing — Claims — Judicial Review — Exclusive Original Jurisdiction — Transfer. — On appeal from an order of the Employment Security Board involving claims for unemployment benefits under the Employment Security Act, the Appellate Court is the court of exclusive original jurisdiction review in such cases and the Supreme Court has no jurisdiction to accept transfer under Section 4-209, Burns' 1946 Replacement. p. 583.
3. APPEAL — Employment Security Act — Court Fails To Concur — Remand from Supreme Court to Appellate Court. — Where on appeal from an order of the Employment Security Board the Appellate Court failed to concur and transferred the cause to the Supreme Court, the Supreme Court remands the cause to the Appellate Court with instructions to continue it to the next term and if then a majority of the judges cannot agree, judgment shall be affirmed under the procedure provided in Section 2-3232, Burns' 1946 Replacement. p. 584.
ACHOR, J.
The actions herein consolidated for hearing are claims for unemployment benefits under the Indiana Employment Security Act, beginning with § 52-1525, Burns' 1951 Repl. [being Acts 1947, ch. 208, § 101, p. 673.]
This case was transferred from the Appellate Court under provisions of § 4-209, Burns' 1946 Repl. [Acts 1901, ch. 247, § 15, p. 565], wherein a majority of the entire court en banc failed to concur.
As is true in an "appeal" from an order of the Industrial Board or the Public Service Commission, the "appeal" provided by § 52-1557g, Burns' 1951 Repl. [1959 Cum. Supp.], is not an 1, 2. appeal in fact, but is rather a "judicial review" of the decision of the order of the Employment Security Board by the Appellate Court. Therefore, the Appellate Court is the court of exclusive original jurisdictional review in such cases and this court has no jurisdiction to accept transfer under § 4-209, Burns' 1946 Repl. Graver Tank Mfg. Co. v. Maher (1958), 238 Ind. 226, 229, 150 N.E.2d 254; Sizemore v. Public Service Commission of Ind. (1960), 240 Ind. 513, 167 N.E.2d 343.
This cause is remanded to the Appellate Court, with instructions to continue it to the next term of that court, and, if then, a majority of the judges cannot agree, judgment shall be affirmed under the procedure and in the manner provided in § 2-3232, Burns' 1946 Repl. [being Acts 1881 (Spec. Sess.), ch. 38, § 654, p. 240]. Graver Tank Mfg. Co. v. Maher, supra.
Jackson, C.J., Arterburn, Bobbitt and Landis, JJ., concur.
NOTE. — Reported in 167 N.E.2d 469.