IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CASE NO.: F.A.O. 4196 of 2007
DATE OF DECISION : July 3,2009
Raj Pal and others .......Appellants
versus
Kanta Devi and others
......Respondents
CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR
PRESENT: Mr. Madan Pal, Advocate
for the appellants.
Mr. B.B. Sharma, Advocate
for respondents No.1 to 5.
NIRMALJIT KAUR, J.
The present appeal has been filed against the order dated
10-07-2007 passed by the Commissioner, Karnal under the Workmen’s
Compensation Act, 1923, vide which the claim of the respondents and
applicants before the Commissioner was allowed and the present
appellants were directed to pay the compensation along with interest.
Along with this appeal, an application for seeking exemption from
depositing the statutory amount for filing the appeal was also filed. Vide
order dated 05-03-2008, this Court dismissed the application with the
following directions :-
” No such exemption is permissible. However,in
the interest of justice, the applicants are allowed four
weeks time to deposit the statutory amount, failing
which the appeal shall stand dismissed.”
Although the principal amount of Rs.2,02,683/- was deposited
F.A.O. 4196 of 2007 -2-
before the Commissioner. The interest was not deposited. Vide order
dated 08-04-2008, this Court granted time to enable the appellants to
deposit the interest. The amount was still not deposited and the following
orders were passed on 21-10-2008 :-
” Learned counsel for the appellants assures the
Court that the appellants shall deposit the interest amount
within six weeks from today. Allowed to do so.
Adjourned to 21-01-2009.
In the meantime, the amount of compensation
which has already been deposited by the appellants shall
be disbursed to the claimants-respondents on their
furnishing adequate security to the satisfaction of learned
Commissioner.”
Thereafter, last another opportunity was granted vide order
dated 02-04-2009 to comply with the order dated 21-10-2008 and deposit
the statutory amount of interest.
Today, learned counsel for the appellants stated that the
appellants are unable to deposit the said amount. As per Section 30 of the
Workmen’s Compensation Act, 1923, the appeal can be entertained, only if
the 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. No such certificate has been produced and as
per the submission of learned counsel for the appellants, the appellants are
not in a position to produce the same. The proviso to Section 30 reads as
follows :-
“30. Appeals.-(1) An Appeal shall lie to the High
Court from the following orders of a Commissioner,
namely:-
(a) an order awarding as compensation
a lump sum whether by way of redemption of a half-
F.A.O. 4196 of 2007 -3-
monthly payment or otherwise or disallowing a claim in
full or in part for a lump sum;
XXX XXX XXX XXX
Provided further 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 appeal is, accordingly, dismissed for non-compliance of
the Proviso to Section 30 of the Workmen’s Compensation Act, 1923.
(NIRMALJIT KAUR)
JUDGE
July 3, 2009
gurpreet
Whether to be referred to the Reporter : Yes / No