PARMADA DEVI Vs. BISHWANATH SINGH

JUDGEMENT

(1.) THIS appeal has been placed under the heading 'for orders' with the notes of the Stamp Reporter along with the order of the learned Registrar General dated 26.6.2000.

(2.) THE appellant has filed the instant appeal under Section 30 of the Workmen's Compensation Act (hereinafter referred to as 'the Compensation Act') being aggrieved by the order dated 29.7.1999 passed by the Deputy Labour Commissioner cum Commissioner under the Act. A court fee stamp of Rs. 15 was affixed on the memorandum of appeal but the Stamp Reporter raised an objection by pointing out that the appellant is required to pay additional court fee of Rs. 235/ -. The matter was agitated before the learned Registrar General on 7.12.1999 and the Stamp Reporter was directed to report again in view of the submissions made on behalf of the appellant on the basis of a decision of this Court. After making further report the matter was again placed before the Lawazima Board on 26.6.2000 and the learned Registrar General endorsed the notes of the Stamp Reporter requiring the appellant to pay additional court fee of Rs. 235/ -.

(3.) MR . Jittu, learned Standing Counsel No. 2, fairly submits that only because a claimant has approached the authority under the Compensation Act instead of the Tribunal under the M.V. Act he should not be directed to pay more court fee than the person who moved this Court in appeal against an Award passed by the Claims Tribunal under similar circumstances. But with reference to Court Fee (Bihar Amendment) Act, 1995, learned counsel submits that the appellant in the instant appeal is required to pay court fee of Rs. 250/ - and not the fixed court fee of Rs. 15/ -.