STATE OF GUJARAT Vs. SHANTABEN BALUBHAI PATEL

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the order of the learned single Judge in Civil Appeal No. 709 of 1982. That was an appeal under Sec. 30 of the Workmen's Compensation Act. What was noticed by the learned single Judge was that the certificate, evidencing the deposit of the awarded amount, has not been produced. The learned single Judge rightly held that the appeal was incompetent. It is not the claim that such a certificate was produced along with the memorandum of the Civil Appeal. The relevant proviso to Sec. 30 of the Workmen's Compensation Act is categoric when it says that no appeal by an employer shall lie unless the memorandum of appeal is accompanied by the certificate by the Commissioner to the effect that the appellant has deposited with him the amount under the order appealed against. It is difficult for the appellant to get over this mandate of the Statute. In our view, rightly, the learned single Judge dismissed the Civil Appeal on this ground. We must note that even otherwise there is a finding rendered by the learned single Judge that on merits also no substantial question of law is involved in the matter. THIS finding is also tenable. Thus, we dismiss this Letters Patent Appeal.