EXCISE SUPERITNENDENT Vs. KUNDENA BHAGYAMMA

JUDGEMENT

(1.) Heard the Government Pleader for Land Ceiling representing the appellants and Sri K.Narasimhachari representing the first respondent-claimant.

(2.) The appeal is filed by the Excise Superintendent, Mahaboobnagar, against the order of the Commissioner for Workmen's Compensation passed in Case No. WC/356/1996(F) dated 4-5-1998 under Section 32 of the Workmen's Compensation Act, 1963, herein after referred to as "the Act" in short for convenience. This C.M.A was filed on 26-10-1998. It is not in dispute that the deposit of amount was not made at the time of instituting the appeal and the certificate by the Commissioner to the effect that the appellant has deposited the suit amount also had not been enclosed along with the appeal. As can be seen from the record, the C.M.A came up for admission and was admitted on 2-2-1999. No doubt, the learned counsel representing the Government had explained certain circumstances under which the mistake occurred. But, the fact remains that the amount was deposited on 9-10-2002. Subsequent thereof on 24-1-2003 it was represented that there was urgency in the matter since the claimant was trying to withdraw the amount.

(3.) Hence on 24-1-2003 this Court passed the following Order: