SBCWP NO.4026/09. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.4026/2009. State of Rajasthan & Ors. Versus Smt.Rameshwari & Ors. Date of order:- April 15, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Zakir Hussain, Additional Government Counsel. ***** BY THE COURT:- The State of Rajasthan has filed this writ petition against the order dated 14/3/2007 passed by the Workmen Compensation Commissioner, Bharatpur by which, it has been directed to pay a sum of Rs.4,54,980/- as compensation to the respondents. 2) Learned counsel for the petitioners has argued that since petitioners could not cross-examine the witnesses and that there is impediment that if appeal is filed under Section 30 of the Workmen Compensation Act, 1923, writ petition cannot be entertained. SBCWP NO.4026/09. 2 3) Upon hearing learned counsel for the petitioners and perusing the impugned order passed by the Workmen Compensation Commissioner, I find that what is required by third proviso to Section 30 is that no appeal by an employer under clause (a) shall be entertained unless the memorandum of appeal is accompanied by a certified by the Commissioner to the effect that the appellant has deposited with him the amount payable under the order appealed against. The writ petition therefore cannot be entertained. But appeal also lies to the High Court. 4) This writ petition is therefore entertained as Civil Misc.Appeal against the order of the Workmen Compensation Commissioner. If the petitioner deposits the aforesaid amount, they would be at liberty to request this Court for non-disbursement of amount of compensation to the respondents. Petitioners may file separate application for condonation of delay explaining reasons why they could not file appeal within time prescribed. This writ petition may treated to have been disposed of. (MOHAMMAD RAFIQ), J. anil