1. Section 30 Workmans Compensation Act, 1923, provides for an appeal against the order of the Commissioner under the Act, awarding compensation or disallowing a claim for compensation, in full or in part. Section 30 (1) 3rd Proviso inserted by the Act, 15 of 1933 reads;

"Provided further that no appeal by an employer under class (a) shall lie unless the memorandum of appeal is accompanied by a certificate by the Commissioner to the effect the appellant has deposited with him the amount payable under the order under appeal against". The respondents herein, who were the claimants before the respondent No. 1, seek to press into service Section 31 (a) 3rd Proviso to assail very maintainability of the appeal against the order passed by respondent No. 1 on 13.8.2009, awarding compensation of Rs. 4,78,842/- to the legal representatives of the deceased workman Late Mohamad Ashraf Dar Son of Ghulam Ahmad Dar Resident of Kotipora Tangmarg. The back ground facts are as under:-

Sh. Mohamad Ashraf Dar Son of Ghulam Ahmad Dar Resident of Kotipora Tangmarg a workman with the respondents met a tragic death on 28.2.2007, due to electric shock while repairing electric line at Tangmarg. Mst. Dilshada

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