IMPORTANT POINT
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 penalty amounts to maintain the appeal.

JUDGMENT :

Rajesh Sekhri, J.

1. This case pertains to the ordeal of a poor labourer clamoring for justice since 1998 i.e. for the last about 24 years and the present appeal is pending in this Court for the last more than 12 years.

2. This appeal has been directed against an award dated 28.06.2010 passed by the Commissioner under Workmen's Compensation (Assistant Labour Commissioner) Doda in File No. 54/I, vide which the appellant has been held liable to pay compensation of Rs. 1,32,602/- with interest @ 12 % per annum from the date of accident within 30 days from the date of the award, failing which, the amount has been ordered to be recovered as per Section 31 of the Workmen's Compensation Act.

3. Before a closure look at the grounds urged in the memoranda of appeal, it shall be apt to have an overview of the background facts as emerge from the record giving rise to the appeal on hand.

4. It appears that the respondent met with an accident on 06.07.1998 and received personal injuries while in the employment of the appellant at Pathroo Work in Compartment No. 7, Point No. 2. The respondent was admitted in District Hospital, Doda and is stated to have sustained left knee joint dislocation, cut injuries with multiple body injuries resulting in his permanent disablement. The respondent preferred a claim petition before the Commissioner under Workmen's Compensation Act (Assistant Labour Commissioner) Doda, (for short "ALC"). However, his claim came to be rejected by the ALC vide order dated 29.05.2002, holding that he was not entitled to any compensation as he failed to prove that he met with an accident while under the employment of the appellant.

5. The respondent preferred an appeal against the said rejection of his claim, vide CIMA No. 143/2007 and this Court vide order dated 12.10.2006, holding that ALC Doda returned a perverse finding as he failed to appreciate the evidence in a proper manner and caused substantial miscarriage of justice, set aside the said order of ALC Doda and matter was remanded back for consideration afresh in accordance with law.

6. It is pertinent to mention that this Court while allowing the appeal of the respondent had observed that "the evidence produced by the applicant before the Commissioner, therefore, establishes that the appellant (applicant) was working in the compartment which belongs to the respondent, while working he met with an accident in which he got seriously injured and that has happened while he was in the employment of the respondent". Since the factum of the respondent having served under the employment of the appellant and the accident had already been decided by this Court and the said finding of this Court having not been assailed by the appellant had attained finality, learned ALC Doda, vide impugned judgment held the respondent entitled to the compensation along with the interest aforesaid.

7. The appellant has questioned the impugned award inter-alia on the grounds that learned ALC Doda has overlooked the provisions of Workmen's Compensation Act and the rules framed thereunder and has passed the impugned award in violation of the principles of Sections 4, 5 & 10 of the Act. According to the appellant, no notice of alleged accident was ever served by the respondent upon it and the impugned award is silent as to the criteria adopted by the authority below for determining the wages of the respondent. It is further submission of the appellant that since the J&K State Forest Corporation, being a necessary party, was not impleaded as a party in the proceedings before the ALC, therefore, appellant could not be fastened with any liability.

8. Mr. M.P. Gupta, learned counsel appearing for the respondent had raised a preliminary objection regarding maintainability of the present appeal, in terms of Section 30 of the Workmen's Compensation Act, that no appeal by an employer under Clause (a) would be preferred unless certificate of the Commissioner is filed along with the appeal to the effect th