RAJESH KUMAR, J. - (1.) THIS is an appeal filed under Section 30 of Workmens Compensation Act, 1923 (hereinafter referred to as Act) against the order dated 4 -5 -2001 passed by Commissioner under the Act and Assistant Labour Commissioner, Muzaffarnagar in W.C.A. No. 38 of 2000 Chandan v. M/s. Ganga Kissan Sahkari Chini Mills Ltd., Muzaffarnagar.
(2.) BY the aforesaid order, Commissioner. Workmens Compensation Act, 1923 awarded compensation to the extent of Rs. 32,128. It has been observed that a sum of Rs. 3,000 had already been paid by the Insurance Company and balance amount of Rs. 29,128 was payable and on non payment of amount within due date, interest @ 9% was chargeable. The third proviso of Section 30 requires that no appeal by an employer under Clause (a) shall lie unless the memorandum of appeal is accompanied by a Certificate by Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against 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 monthly payment or otherwise or disallowing a claim in full or in part for a lump sum; (aa) An order awarding interest or penalty under section 4 -A; (b) An order refusing to allow redemption of a half -monthly payment; (c) An order providing for the distribution of compensation among the dependants of a deceased workman, or disallowing any claim of a person alleging himself to be such dependant; (d) An order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub -section (2) of Section 12 or (e) An order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions: Provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal and, in the case of an order other than an order such as is referred to in Clause (b), unless the amount in dispute in the appeal is not less than three hundred rupees: Provided further that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the Commissioner, or in which the order of the Commissioner gives effect to an agreement come to by the parties: 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. (2) The period of limitation for an appeal under this section shall be sixty days. (3) The provisions of Section 5 of the Limitation Act, 1963 (36 of 1963), shall be applicable to appeals under this section. I have heard Sri Arvind Kumar learned Counsel for the appellant.
(3.) ADMITTEDLY , the Certificate by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against, has not been accompanied with memorandum of appeal as required under the third proviso of Section 30. The Counsel for the appellant States that the third proviso is applicable to the employer in appeal filed and not in an appeal filed by the Insurance Company. In my opinion, the submission of learned Counsel for the appellant is not acceptable.;