CIMA No.190/2017

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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

CIMA No.190/2017

MP Nos.1/2017, 3/2017

c/w

CIMA No.171/2017

Date of order:-28.09.2017

Manager FCI & ors.

Vs.

Chanchalo Devi & anr.

Coram:

Hon’ble Mr. Justice Sanjay Kumar Gupta, Judge

Appearing counsel:

For Petitioner/Appellant(s) :

Mr. R.S.Sharma, Advocate

For respondent (s)

:

Mr. Rupinder Singh, Advocate

i. Whether approved for

reporting in Press/Media

: Yes

ii. Whether to be reported in

Digest/Journal

:

Yes/No

CIMA No.190/2017

1.

This Civil Miscellaneous 1^st Appeal has been filed by the appellants against

the award dated 08.05.2017 passed by the Commissioner under Employees

Compensation Act, 1923 (Assistant Labour Commissioner) Jammu. The Assistant

Labour Commissioner, Jammu by virtue of this order has passed the award of

Rs.565462/- as compensation in favor of respondent No.1. In the appeal, it has

been prayed that the same be set aside.

2.

In terms of Section 30 of the Employees Compensation Act, 1923, it is

mandatory on behalf of the appellant to deposit the award amount before the

Court below. It is apt to reproduce Section 30 of the Act as under:

“30.Appeals-(1) An appeal shall lie to the 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 Sec 4A)

CIMA No.190/2017

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

(c) An order awarding for the distribution of compensation among the

dependants of a deceased (employee), or disallowing any claim of a person

alleging himself to be such dependant;

(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 condition:

Provided that no appeal shall lie against any order unless a

substantial question of law is involved in the appeal and in the case of an

order other than an order such as is referred to in clause (b) unless the

amount in dispute in the appeal is not less than three hundred rupees;

Provided further that no appeal shall lie in any case in which the

parties have agreed to abide by the decision of the Commissioner, or in

which the order of the Commissioner gives effect to an agreement come to

by the parties;

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;

(2) The period of limitation for an appeal under this section shall be sixty

days.

(3) The provisions of Section 5 of the Limitation Act, 1963 (36 of 1963),

shall be applicable to appeals under this section.”

3.

From bare perusal of (proviso) this Section, it is evident that no appeal shall

be entertained, unless appeal is accompanied with a certificate issued by the

Commissioner to the effect that the appellant has deposited with him the amount

payable under the order appealed against; or in other word awarded amount has

been deposited before court below. This certificate is thus sine quo for

entertaining the appeal by this court.

4.

In present case appellants were required to deposit the award amount before

the Court below (Assistant Labour Commissioner) in terms of Section 30 (1)

Proviso (e) of the Employees Compensation Act, 1923 and annexed certificate to

this effect along with memo of appeal. There is no certificate of such deposit

annexed in memo of appeal; but a