R.C. Lahoti, J.

1. This is an appeal under Section 30(1)(aa) of the Workmen's Compensation Act, 1923 preferred by the claimants aggrieved by an award whereby compensation has been allowed to the claimants but without interest. The claimants/appellants pray for award of interest at the rate of 12% per annum from the date of the application till realisation.

2. The learned counsel for the insurance company has raised a preliminary objection to the maintainability of the appeal. He submits that Section 30 of the Act contemplates an appeal to the High Court only against the orders specifically provided by Clauses (a) to (e) of Sub-section (1) of Section 30 of the Act. Section 30(1)(aa) contemplates an appeal against an order awarding interest or penalty under Section 4A', but not against an order refusing to award interest or penalty and hence, the present appeal is incompetent.

3. Section 30(1) of the Act reads as under :-

"30. Appeals. - (1) An appeal shall lie to High Court from the following orders of a Commissioner, namely: -

(a) an order awarding as compensation a lump sum whether by way of redemption of a half-monthly payment or otherwise or disallowing a claim in full or in part for a lump sum;

(aa) an order awarding interest or penalty under Section 4A;

(b) an order refusing to allow redemption of a half/monthly payment;

(c) an order providing for the distribution of: compensation among the dependants of a deceased workman, or disallowing any claim of a person alleging himself to be such dependent;

(d) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of Sub-section (2) of Section 12; or

(e) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions.''

The Section as it originally stood did not contemplate an appeal against an order awarding interest or penalty under Section 4A. In the original Act there was no provision for the award of interest and penalty. By Act No. 8 of 1959, Section 4A empowering the Commissioner to direct the payment of interest and also impose penalty in the situations contemplated therein was inserted in the Act. Simultaneously, Clause (aa) was added into Sub-section (1) of Section 30 of the Act providing for an appeal against "an order awarding interest or penalty." The Legislature well knew that on enactment of Section 4A there would be occasions where the Commissioner might not award interest and might not impose penalty, still, it did not make provision for an appeal against 'an order refusing to award interest or penalty under Section 4A.'

4. A comparative reading of Clause (aa) with other clauses of Section 30(1) gives a peep into the mind of the Legislature. Clause (a) contemplates an appeal against an order allowing or disallowing a claim. Clauses (c) and (d) also speak of an appeal in the matter of allowing or disallowing, both. Clause (e) similarly contemplates an appeal against both the eventualities, that is, refusing to register or registering a memorandum. Clause (b) speaks of an appeal against an order refusing to allow redemption but not an appeal against an order allowing redemption. Thus, it is clear that out of several orders of the nature contemplated by Clauses (a) to (e), which the Workmen's Commissioner is competent to pass under the Act, Clauses (a), (c), (d) and (e) contemplate an appeal when the impugned order has resulted in either eventuality, but Clauses (aa) and (b) contemplate an appeal against only one out of the two possible eventualities implicit in the discretion vested in the Workmen's Commissioner.

5. Learned counsel for the appellant has submitted that an order refusing to award interest or penalty must be read implicitly in the phraseology of the Clause (aa) because there can possibly be no justification behind the Legislature providing for an appeal only against an order awarding interest or penalty and no appeal if it were not award