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$~25

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ FAO 357/2025, CM APPL. 81050/2025, CM APPL. 81051/2025, CM

APPL. 81052/2025, CM APPL. 81053/2025.

RAM NIWAS PAL .....Appellant

Through: Mr. Akhlak Ali, Advocate (through

VC)

versus

CHANDER FULA & ORS. .....Respondents

Through: Ms. Meghna De, Advocate with Ms.

L. Gangmei, Advocate for R-1.

CORAM:

HON’BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 22.12.2025

CM. APPL. 81260/2025 & CM. APPL. 81051/2025(Exemptions

1. Allowed, subject to all just exceptions.

2. Applications are accordingly disposed of.

CM APPL. 81053/2025 (Condonation of delay

1. This application has been filed seeking condonation of delay of 5 days

in filing the appeal.

2. The application will be considered on next date of hearing.

CM APPL. 81052/2025 (Condonation of delay

1. This application has been filed seeking condonation of delay of 60

days in re-filing the appeal.

2. The application will be considered on next date of hearing.

FAO 357/2025

1. This appeal has been filed under Section 30 of Employees

Compensation Act, 1923 impugning the order dated 27^th December 2018

passed by the Deputy Commissioner (Employees Compensation) North East

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 06/02/2026 at 08:58:58

District, Labour Department, Government of NCT of Delhi.

2. As per the impugned order, compensation of Rs. 7,36,680/- along with

simple interest @ 12% per annum had been directed against the

appellant/employer. Thereafter, appellant/employer filed a Writ Petition

being W.P. (C) 853/2019 which was held to be not maintainable in view of

the statutory remedy under Section 30 of Employee’s Compensation Act,

1923.

3. In this respect, this Court passed an order dated 04^th August 2025,

noting that the petition was dismissed as withdrawn, with liberty granted to

appellant/petitioner therein to file the appropriate proceeding.

4. An objection is taken at the very threshold by Ms. Meghna De,

counsel appearing on behalf of respondent stating that as per third proviso of

Section 30 of Employee’s Compensation Act, 1923, the complete 100%

amount has to be deposited in order for the appeal to be considered by this

Court. Proviso 3 of Section 30 reads as under:

“30. Appeals

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.”

5. Counsel for appellant, in response thereto, submitted that he shall

deposit the balance amount within the next four weeks.

6. This appeal shall only be considered, once the said compliance has

been done.

7. Other preliminary objections raised by Ms. De will be considered only

after the said compliance is done by appellant.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 06/02/2026 at 08:58:58

8. List on 25^th March 2026.

9. Order be uploaded on the website of this Court.

ANISH DAYAL, J

DECEMBER 22, 2025/RK/sp

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 06/02/2026 at 08:58:58