Ramar vs S.Vinoth
2023 Latest Caselaw 7746 Mad

                                                                             C.M.A.Sr.No.49786 of 2023



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   Dated: 06.07.2023

                                                 CORAM:
                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                               C.M.A.Sr.No.49786 of 2023
                Ramar                                                                ...Appellant


                                                           Vs.


                1.S.Vinoth
                2.S.Prithiv Raj
                3.S.Ranjithkumar
                4.Jeyapaul                                                ...Respondents
                PRAYER : The Civil Miscellaneous Appeal is filed under Section 30(1) of the
                Employee Compensation Act, 1923, against the order dated 23.12.2021 made in
                E.C.No.39 of 2017 on the file of the Joint Commissioner of Labour-II
                (Commissioner for Workmen Compensation), Chennai.


                                   For Appellant    : Mr.R.Rajesh Vivekandhan


                                                   JUDGMENT

Today, this matter is listed under the caption for maintainability.

2.The above Civil Miscellaneous Appeal has been filed under Section

30(1) of the Employee Compensation Act, 1923, against the order dated

https://www.mhc.tn.gov.in/judis

C.M.A.No.898 of 2023

23.12.2021 made in E.C.No.39 of 2017 on the file of the Joint Commissioner of

Labour-II (Commissioner for Workmen Compensation), Chennai.

3. The third proviso of Section 30(1) of Workmen Compensation Act,

1923, reads as follows:

“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”

4. The respondents 1 to 3 have filed the claim petition under Section

22(1) of Workmen Compensation Act and the same was allowed with a

direction to the appellant to pay a sum of Rs.5,47,240/- to the respondents 1 to

3. A reading of the above proviso makes it clear that the appeal would not lie

unless it is accompanied by a certificate of the Commissioner to the effect that

the appellant has deposited with him the amount payable under the order

appealed against. But no such certificate has been produced along with the

appeal.

https://www.mhc.tn.gov.in/judis

C.M.A.Sr.No.49786 of 2023

5.Hence, this Civil Miscellaneous Appeal is not maintainable. No costs.

06.07.2023

Index: Yes/No Internet: Yes/No vkr

To

1.The Joint Commissioner of Labour-II (Commissioner for Workmen Compensation), Chennai.

2.The Section Officer VR Section High Court of Madras Chennai – 600 104

https://www.mhc.tn.gov.in/judis SUNDER MOHAN,J.

C.M.A.No.898 of 2023

vkr

C.M.A.Sr.No.49786 of 2023

06.07.2023

https://www.mhc.tn.gov.in/judis