1. Maintainability of this appeal is under cloud, Mr. MP Gupta learned counsel for respondent, submits that the appeal falls short of a statutory requirement as it is not accompanied by a certificate from the Commissioner certifying that appellants have deposited the amount awarded with him and, as such, the same does not lie in terms of 3rd Proviso of Section 30 of the Workmen™s Compensation Act (hereinafter called the Act). The relevant provision reads as under: -

"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.™,

Relying upon AIR 1961 SC: 1134, it was held by this court in CIMA No : 61 of 1985 that memorandum of appeal presented but not accompanied by the requisite certificate from the Commissioner would be taken to be validly presented on the date Commissioner™s certificate is placed on record, subject of course to the plea of bar of limitation. In other words, if memo of appeal is presented without the certificate and such certificate is brought on record subse

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