AJMER VIDYUT VITRAN NIGAM LIMITED Vs. PRATAP

JUDGEMENT

(1.) We have heard learned counsel for the appellant and perused the impugned order dated 11.2.2003 passed by the learned Single Judge.

(2.) The appellant preferred an appeal against the order dated 18.07.2002 passed by the Commissioner, Workmen's Compensation, Bhilwara, whereby, the learned Commissioner granted compensation to the respondent-workman to the tune of Rs.148290/- along with interest of Rs.40650/- and 12% interest from the date of award till the date of payment. The appeal has been dismissed by the learned Single Judge on the ground that it was not accompanied by certificate of the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against. The certificate of depositing the amount was produced later on. It reveals from the certificate that the amount was not deposited within a period of 60 days from the date of passing of the award. The appellant had also filed application under Section 5 of the Limitation Act for the condonation of delay in filing the appeal, more particularly properly constituted appeal within limitation.

(3.) Having heard learned counsel for the appellant, we are of the view that the appeal deserves to be allowed. A proviso to Section 30 reads as follows: Provided further that no appeal by an employer under Clause (e) 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.