BIHAR JOURNALS LTD Vs. NITYANAND SINGH

JUDGEMENT

(1.) In this case a preliminary objection has been raised on behalf of the respondent, Sri Nityanand Singh, that the appeal is not maintainable in view of the failure on the part of the appellants to comply with the mandatory provisions of section 30 (1) of the Workmen's Compensation Act (Act VIII of 1923). It was pointed out that the third proviso to that section requires 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. The objection taken on behalf of the respondent is that no certificate by the Commissioner has been filed in this case on behalf of the appellants as required by the section.

(2.) An application has been filed on behalf of the appellants under Section 5 of the Limitation Act, praying that the delay in filing the certificate may e condoned. This application has been made on the 1st of August, 1958, and along with this application a certificate by the Commissioner, Workmen's Compensation, has been produced to the following effect: --- "Certified that the amount of Rs. 2.100/-(Rupees two thousand and one hundred) only was deposited in the Patna Treasury vide challan No. 5 dated the 29th March, 1955 by the Bihar Journals, Ltd. (Searchlight) on account of workmen's compensation payable to Shri Nityanand Singh. <FRM>JUDGEMENT_112_AIR(PAT)_1959Html1.htm</FRM>

(3.) In our opinion the application made for condonation of the delay under Section 5 of the Limitation Act must be rejected, as no sufficient ground has been made out on behalf of the appellants for not filing the certificate required by S. 30 of the Act. The reason given for the delay is that an application for certificate was filed on the 29th March, 1955, to the Commissioner, and one Sri Amirchand Lal Verma who was looking after the case