Barin Ghosh and Ajay Kr.Tripathi JJ.

1. Clause (a) of Sub-section (1) of Sec.30 of the Workmens Compensation Act, 1923 authorizes preferring of an appeal to the High Court from an order of the Commissioner awarding compensation or disallowing a claim on that account in full or in part. Clause (aa) of Sub-section (1) of Sec.30 of the said Act authorizes an appeal to the High Court from the order passed by the Commissioner awarding interest or penalty in terms of the provisions of the said Act. The third proviso to subsection (1) of Sec.30 of the said Act provides that no appeal by an employer under Clause (a) shall lie unless the Memorandum of Appeal is accompanied by a certificate issued by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against. Therefore, the third proviso to sub-section (1) of Sec.30 of the Act applies in relation to an appeal preferred by an employer challenging the compensation as awarded. When the statute granted a right to appeal and at the same time imposed a condition, unless the condition is fulfilled, the right to appeal is lost.

2. In the instant case, the appeal was not prefer