1. This appeal raises an interesting question i.e. whether an Insurance Company in appeal under section 30 of Workmen™s Compensation Act is bound to satisfy the requirement laid down in 3rd Proviso of that Section ? In other words, is Company™s memo of appeal required to be accompanied by a certificate from the Commissioner certifying that appellant had deposited the awarded amount within him ?

Learned counsel for respondent, Mr. R. Koul, submits that the appeal is incompetent as it falls short of the requirement.

Mr. Jamwal, on the other hand, contends that 3rd proviso to Section 30 is not attracted when appellant is the insurance Company. According to him, it is applicable when appellant is the employer.

2. In the face of these rival contentions, it requires to be examined whether or not the appellant Insurance Company was obliged to satisfy the statutory requirement and whether its failure to do so renders the appeal incompetent ?

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 hi

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