HINDUSTAN CONSTRUCTION COMPANY LTD. Vs. ASSISTANT LABOUR COMMISSIONER

JUDGEMENT

(1.) Vide order dated 18.05.2013, passed by Commissioner under the Employees Compensation Act, 1923(for short "the Act"), respondent No.2(Manzoor Ahmad Wani) has been held entitled to an amount of Rs.12,80,000. An application has been filed by the appellant for setting aside the exparte award which too has been rejected. The appellant challenged the award by medium of writ petition (OWP) No 1275/2013. Vide order dated 18.09.2013, passed in IA No.2060/2013, writ petitioner (now appellant) has been directed to deposit the entire awarded amount within a period of two weeks, on such basis operation of the award has been directed to remain stayed. As per report of the Registry, amount is shown to have been deposited on 30-09-2013.

(2.) CMP No.2344/2013 has been filed subsequently for treating the said writ petition as appeal which has not been objected to by the respondent No.2 subject to objections to the maintainability of the appeal. Vide order dated 03.02.2014, said writ petition, has been treated as appeal i.e. instant subject to its maintainability.

(3.) Now maintainability of the appeal has been questioned on the count of non-compliance of 3rd Proviso to Section 30 of "the Act". Section 30 provides that an appeal shall lie to the High Court from the orders of the Commissioner which include the award and the interest allowed thereon. The filing of the appeal is controlled by 3rd Proviso to Section 30(1) which reads as under: