Ramraj Engineering Pvt. Ltd., Thr Director v. Meera Vaijnath Chavan And ANR

2025:BHC-AUG:9645 941-xob-82-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD X-OBJECTION NO. 82 OF 2023 IN FA/812/2023 Ramraj Engineering Pvt. Ltd., Thr Director

VERSUS

Meera Vaijnath Chavan And Anr ...

Mr. A. A. Mukhedkar, Advocate for the Petitioner .....

CORAM : ROHIT W. JOSHI, J.

DATED : 28TH MARCH, 2025 PER COURT :- .

Learned Counsel for the appellant states that the appellant/employer is not in a position to deposit the amount of compensation as awarded by the learned Compensation Commissioner.

2.

Third Proviso of Section 30 of the Employees Compensation Act, 1923 provides that appeal by an employer under Clause 30(a) shall not lie unless the memorandum of appeal is accompanied by a certificate by the Compensation Commissioner recording that the amount of compensation is deposited. The said provision is held to be a mandatory provision of law in several judgments.

3.

In view of non compliance with the said statutory

941-xob-82-2023 provision, the appeal stands dismissed, the contention of the learned Counsel for the employer that the provision for pre deposit under Section 30(a) will apply to an appeal and not to a cross-objection is recorded only to be rejected. A crossobjection in an essence is a substantive appeal. 4.

In view of the aforesaid, the cross-objection stands dismissed.

( ROHIT W. JOSHI, J. ) Rushikesh/2025