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2016 Supreme(J&K) 375

N.PAUL VASANTHAKUMAR, ALI MOHD.MAGREY
Director General, BSF – Appellant
Versus
Mohd. Maqbool Gakdho – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Masooda Jan, Advocate

JUDGMENT :

N. Paul Vasantha Kumar, J.

1. This appeal is directed against the order of the learned Single Bench made in CIMA No. 26/2014, dated 08.02.2016, whereby the appeal preferred by the appellant under Section 30(1) of Workmen's Compensation Act, 1923, against the award of the Commissioner under Workman's Compensation Act, dated 03.07.2013, was dismissed. It is seen from the records that an award dated 03.07.2013 came to be passed by the Commissioner under Workmen's Compensation Act, awarding an amount of Rs. 4,59,360/- which includes the interest amount of Rs. 2,61,360/- in favour of Respondents 1 and 2.

2. Appellants feeling aggrieved of the award dated 03.07.2013 passed by the Commissioner, preferred an appeal against the same which came to be dismissed by the learned Single Bench vide order dated 08.02.2016 by holding that the appellants have failed to deposit the entire awarded amount before this court, therefore, in terms of proviso to Section 30 of the Workman's Compensation Act, the appeal is not maintainable and accordingly dismissed the appeal.

3. Learned counsel for the appellants submits that the requirement for filing the appeal against the award is to deposit the pri







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