State of Gujarat vs Shantaben Balubhai Patel and Others

S. Nainar Sundaram, C.J.—This Letter Patent Appeal is directed against the order of the learned single Judge in First Appeal No. 709 of 1982. That was an appeal u/s 30 of the Workmen''s Compensation Act. What was noticed by the learned single Judge was not the certificate, evidencing the deposit of the awarded amount, has not been produced. The learned single Judge rightly held that the appeal was incompetent. It is not the claim that such a certificate was produced along with the memorandum of the First Appeal. The relevant proviso to Section 30 of the Workmen''s Compensation Act is categoric when it says that no appeal by an employer shall lie unless the memorandum of appeal is accompanied by the certificate by the Commissioner to the effect that the appellant has deposited with effect that the appellant has deposited with him the amount under the order appealed against. It is difficult for the appellant to get over this mandate of the Statute. In our view, rightly, the learned single Judge dismissed the First Appeal on this ground. We must note that even otherwise there is a finding rendered by the learned single Judge that on merits also no substantial question of law involved in the matter. This finding is also tenable. Thus, we dismiss this Letters Patent Appeal.