KANJI CHAKU BHAI Vs. AHMED KHAN

JUDGEMENT

(1.) THIS is an appeal against the order dated 5 -11 -1962 of the Commissioner under the Workmen's Compensation Act. A preliminary objection has been taken that the Appellant has not filed with the memorandum of appeal a certificate by the Commissioner to the effect that the Appellant has deposited with him the amount payable under the order appealed against.

(2.) SECTION 30(1)(a) of the Workmen's Compensation Act, 1923 (hereinafter to be referred to as the Act lays down that an appeal shall lie to the High Court from an order of the Commissioner awarding as compensation a lump sum whether by way of redemption of a half -monthly payment or otherwise. The third proviso to the sub -section lays down that no appeal by an employer under Clause (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the commissioner to the effect that the Appellant has deposited with him the amount payable under the order appealed against. Sub -section (3) of the section makes provision regarding applicability of Section 5 of the Indian Limitation Act to appeals under this section.

(3.) THE Appellant has filed an application under Section 5 of the Limitation Act. The grounds taken in the application were that the Act being a special statute it was not known to the Petitioner that such a deposit was to be made, and that the Petitioner was in difficultly and was not able to deposit the money.