M.R. MISHRIKOTI Vs. M.H. ASOTI

JUDGEMENT

(1.) THIS is an appeal under Section 30 of the Workmen's Compensation Act, 1923, (hereinafter referred to as the Act) from an order of the Commissioner for Workmen's Compensation, Dharwar, (hereinafter referred to as the Commissioner) directing the Appellant to pay Rs. 2314 as compensation to the Respondent, the widow of deceased workman.

(2.) WHEN the Appellant presented the memorandum of appeal, he did not produce along with it a certificate to the effect that he had deposited with the Commissioner the amount payable under the order appealed against. The Office of this Court had. raised an objection in regard to non -production of such certificate. The Bench which considered that objection, made the following order on 14.6.1968: Heard. Register the appeal. Office objection left open for decision at the hearing of the appeal after notice to the Respondent.

(3.) IT is clear from the above proviso that an appeal by an employer against an award of compensation, is incompetent unless the memorandum of appeal is accompanied by a certificate that he (the employer) has deposited the amount of such compensation. In other words, depositing such amount of compensation and producing a certificate for having made such deposit, are pre -requisites for presenting the memorandum of appeal. Unless such certificate accompanies the memorandum of appeal, it (such memorandum) cannot be regarded as having been validly presented and the appeal cannot be regarded as having been validly instituted.