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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Girdhari Sahu, S/o Piluram Sahu – Appellant
Versus
Phuleshwari Bai, W/o Late Tekram Sahu – Respondent
| Table of Content |
|---|
| 1. appellant's application for exemption rejected. (Para 1 , 2) |
| 2. mandatory conditions for appeal regarding deposit. (Para 3 , 4) |
| 3. pre-deposit requirement established by case law. (Para 5 , 6) |
| 4. compliance with deposit is a jurisdictional issue. (Para 7 , 9) |
| 5. non-compliance leads to appeal dismissal. (Para 8 , 10) |
| 6. final dismissal of the appeal as incompetent. (Para 11) |
JUDGMENT :
Amitendra Kishore Prasad, J.
1. Heard Mr. J. K. Gupta, learned counsel for the appellant.
2. As is evident from the order sheet dated 06.05.2023, the appellant had filed I.A. No. 02/2017 seeking exemption from filing the deposit receipt of the compensation amount, as mandated under Section 30 of the Employee’s Compensation Act, 1923 (for short, ‘E.C. Act’). The said interlocutory application was duly considered and rejected by this Court on 06.05.2023 on the ground that deposit of the entire amount of compensation as awarded by the Labour Court is a condition precedent for entertaining an appeal under Section 30 of the E.C. Act.
3. It is pertinent to note that Section 30 of the E.C. Act clearly stipulates that no appeal by an employer shall lie unless the memorandum of appeal is accompanied
Compliance with mandatory pre-deposit requirements under Section 30 of the Employee's Compensation Act is essential for the maintainability of an appeal, and failure to comply renders the appeal inco....
Deposit of awarded amount is a prerequisite for entertaining an appeal under the Workmen's Compensation Act, 1923.
An employer appealing against a compensation award under Section 30(1)(a) of the Workmen's Compensation Act must deposit the awarded compensation amount, but is not required to deposit interest or pe....
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