Emm Tex Synthetics Vs.
Om Parkash & ANR.  INSC 499 (25
TARUN CHATTERJEE & HARJIT SINGH BEDI ORDER (Arising out of SLP (C) No. 3301 of 2007) 1. Leave granted.
2. In spite of due service on the respondents, no one has entered
appearance. At the time of hearing of this appeal also, no one has appeared
before us to contest the appeal.
3. This appeal is directed against the Judgment and Order dated 5th of
December, 2006 passed by a learned Judge (Chief Justice) of the High Court of
Himachal Pradesh at Simla in CMP (M) No. 821 of 2006, by which the High Court
had dismissed the appeal on a technical ground that the appeal was not
maintainable under Section 30 (1)(a) of the Workmens Compensation Act,
1923 (in short the Act) as the memorandum of appeal was not
accompanied by a Certificate issued by the Commissioner, Workmens
Compensation, to show that the appellant had deposited with him the amount
payable under the order which was appealed.
4. We have heard the learned counsel for the appellant and examined the
relevant provisions made under Section 30 of the Act and other materials on
record. After a careful examination, we are of the view that in the absence of
any specified form of Certificate indicated in the Act or the Rules, it cannot
be said that the Certificate produced by the appellant was not in compliance
with Section 30 of the Act. It is an admitted fact that the appellant had
deposited the awarded amount by way of a Demand Draft duly received by the
office of the Commissioner. The Demand Draft was deposited along with a
covering letter and the receipt was given on its copy. The High Court had
refused to accept it as a Certificate under the Act and therefore, dismissed
5. In our view, in the absence of any specified form of Certificate, a proof
of deposit of compensation would be a substantial compliance of Section 30 of
the Act. Therefore, the appellant could not be thrown out on such a technical
6. That being the position, we set aside the Judgment of the High Court and
request the High Court to decide the appeal filed under Section 30 of the Act
in accordance with law and after giving hearing to the parties, dispose of the
same after passing a reasoned order within six months from the date of supply
of a copy of this order.
7. For the reasons aforesaid, the impugned order is set aside.
The appeal is allowed to the extent indicated above. There will be no order
as to costs.
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