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2013 Supreme(Chh) 348

SANJAY K.AGRAWAL
PRATAP TRADERS RAWAN BHATA SUPELA, BHILAJ – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT, RAJNANDGAON – Respondent


Advocates Appeared:
Mr. Pradeep Saxena, Advocate, for the Appellant.
Mr. Pankaj Agrawal, Advocate, for the Respondents No.2 & 3.

JUDGMENT

1. This is an employer's appeal filed under Section 30(1)(a) of the Employee's Compensation Act, 1923 (for short 'the Act of 1923') against the award dated 25.10.2002 passed by Additional Commissioner for Workmen's Compensation-cum-Labour Court, Ambikapur (for short "the Commissioner"), in case No. 10/B/W.C.Act.Fatal/2002 by which Commissioner has granted an amount of Rs. 2,01,747/- along with simple interest @ 6% per annum from the date of filing of claim petition till its actual payment.

2. The memorandum of appeal filed by the employer is not accompanied with the Certificate issued by the Commissioner that appellant has deposited the awarded amount, the application for exemption for depositing the amount deposited against the appellant has been filed and registered as LA. No.437/ 2003.

3. Shri Pradeep Saxena, leamed counsel appearing for the appellant would submit that further time be granted to submit the certificate as required under 3rd proviso to Section 30(1) of the Act of 1923.

4. Shri Pankaj Agrawal, learned counsel appearing for the respondents No.2 & 3 would submit that the 3rd proviso to Section 30(1) of the Act of 1923 is mandatory in nature and sufficient time h




















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