S.S.Sudhalkar, J.

1. The common question Of law in these cases is "whether the appeal by the Insurance Company under Section 30 of the Workmens Compensation Act is sustainable without depositing of the awarded amount ?"

2. Counsel for the parties have been heard on this preliminary point.

3. Section 30 of the Act provides for appeal to the High Court from the orders of the Commissioner. However, by its third proviso, it bars the appeal without a certificate of the Commissioner to the effect that the memorandum of appeal is accompanied by certificate that the appellant has deposited with him the amount payable under the order appealed against. The relevant provision can be quoted 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."

4 The contention of the counsel for the appellant is that they are the insurers and not the employers and therefore, the bar which operates against the employer to file an appeal without being accompanied by the certificate