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1994 Supreme(Kar) 125

S.B.MAJMUDAR, T.S.THAKUR
GOKAK MILLS (DIVISION OF GOKAK PATEL VOLKART LIMITED), GOKAK – Appellant
Versus
COMMISSIONER FOR WORKMENS COMPENSATION, BELGAUM – Respondent


Advocates:
S.N.MURTHY

S. B. MAJMUDAR, J.

( 1 ) THESE writ appeals are filed against the order of the learned single Judge disposing of a batch of writ petitions which challenged 3rd proviso to Section 30 of the Workmen's compensation Act, 1923 (for short 'the Act' ). Section 30 of the act provides:"that no appeal shall lie against any order unless a substantial question of law is involved in the appeal and,. . . . . . . . . . is not less than three hundred rupees: Provided further that. . . . . . . . . . to by parties:"the impugned third proviso reads thus:"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 ) IT is submitted that the requirement of depositing the amount payable under the order appealed against even at the stage of filing appeal itself results practically in whittling-down the right of appeal and is therefore arbitrary. It is not possible to agree with this contention. The learned single Judge rightly repelled that contention following a Division Bench judgment of this C






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