STATE Vs. COMMISSIONER UNDER WORKMEN&APOSS COMPENSATION ACT

JUDGEMENT

(1.) Section 30 Workman's Compensation Act, 1923, provides for an appeal against the order of the Commissioner under the Act, awarding compensation or disallowing a claim for compensation, in full or in part. Section 30(1) 3rd Proviso inserted by the Act, 15 of 1933 reads;

(2.) It is submitted that once the employer has not deposited the award amount with the Commissioner under Act, and thus not obtained the certificate and enclosed it with the memorandum of appeal, the appeal does not satisfy mandate of said provision. It is argued, that subsequent deposit of the award amount with the registry of the Court is of no consequence and can not amount compliance with the requirements of Section 30(1)(a) 3rd proviso. Learned Counsel for the Appellant on the other hand insists, that the requirements of aforesaid provision are fully satisfied by deposit of the awarded amount to with the registry of the Court.

(3.) Heard and Considered.