NATIONAL INSURANCE COMPANY LTD. Vs. SHANNI BEE

JUDGEMENT

(1.) This appeal has been preferred by the appellant Insurer against the order dtd. 27/8/2011 passed by the Labour Court, Ujjain under Sec. 22 of the Workmen's Compensation Act.

(2.) On 31/7/2024 when this case was listed for hearing on admission, learned counsel for respondent No.1 raised an objection that the present appeal is not maintainable as the appellant has not deposited the interest amount. Faced with this, learned counsel for the appellant sought time to verify the aforesaid fact and argue the matter. On 25/9/2024 counsel for the appellant informed the Court that interest has been deposited and the receipt will be filed. The receipt was brought on record. On the basis of the documents available on record following dates for the purpose of deciding the question of maintainability are relevant :-

(3.) Counsel for the respondents submits that the interest has been deposited subsequent to filing of appeal thus the appeal was not maintainable. He submits that the requirement of the provisions of Sec. 30 of the Employee's Compensation Act, 1923 is that no appeal by employer under Clause (a) of sub Sec. (1) shall lie unless the memorandum of appeal is accompanied a certificate by the Commissioner to the fact that appellant has deposited with it amount payable under the order appealable against. Thus he says the requirement of law is that appeal must accompany a certificate of payment of amount payable. He submits that amount payable is not only the principal amount awarded by the impugned order but even the interest thereon. Thus when the appeal was filed it must have accompanied with certificate of full deposit ie., principal amount as well as the amount of interest as the interest part has been deposited subsequent to filing of the appeal, thus now the defect is not curable and appeal is not maintainable.