“2 As per the mandate of the proviso appended to Section 30 of the 1923 Act, no appeal preferred by an employer shall lie unless the memorandum of appeal is accompanied by a certificate issued by the Commissioner certifying the deposit of amount payable under the impugned order. The present appeal is not accompanied by any such certificate. Mr. Siddharth Batra, Advocate, wants to urge that the appeal be entertained in the absence of such certificate.

3 In the considered opinion of this Court, the right to appeal, being creature of statute, the same is subject to the provisions of the statute. Once the statute lays down a pre- condition for exercising right to appeal, the right to appeal can be only exercised subject to such condition.

4 The Act does not provide the Appellate Court with the power to exempt the appellant from compliance with the condition.”