GHANSHYAM Vs. WORKMENS COMPENSATION COMMISSIONER

JUDGEMENT

(1.) Application has been filed by the respondents for dismissal of appeal on account of failure of the appellant to deposit interest amount as required by third proviso to sub-section (1) of section 30 of the Workmen Compensation Act, 1923.

(2.) The third proviso to section 30(1) of the Workmen's Compensation Act reads as under:--

(3.) As per above, the requirement of pre-deposit has been envisaged by third proviso only with respect to the principal amount payable under the order appealed against which is referable to Clause-(a) of section 30(1). Pre deposit of the amount of interest or penalty imposed under section 4-A of the Act in addition to the compensation awarded or otherwise, is not a condition for maintainability of appeal under section 30(1) of the Act. Thus, what is required to be deposited as pre-deposit as per section 30 of the Act is the principal sum payable as compensation and not the penalty or, interest. In the aforesaid circumstances, I find no ground to entertain the application filed by the respondents, it is hereby dismissed.