CM No.4739-CII of 2010 & -1- FAO No.904 of 2010 (O&M) **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No.4739-CII of 2010 & FAO No.904 of 2010 (O&M) Date of decision:30.07.2010. Rajinder Kumar and another ...Appellants Versus Commissioner under Workmen's Compensation Act, Yamunanagar-1 and others ...Respondents CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Aseem Rai, Advocate, for the appellants. ***** RAKESH KUMAR JAIN, J. (ORAL) This appeal is directed against order of the Commissioner under the Workmen's Compensation Act, 1923 [for short “the Act] dated 12.11.2009. The appeal has been filed along with an application, i.e. CM No.4739-CII of 2010, seeking exemption from filing certificate of deposit of the amount of compensation with the Commissioner as envisaged under Section 30 of the Act. The case was adjourned time and again on the request of learned counsel for the appellants in order to produce on record certificate of deposit of the amount of compensation with the Commissioner. Today, learned counsel for the appellants has submitted that despite his best efforts, the appellants have not come forward with the CM No.4739-CII of 2010 & -2- FAO No.904 of 2010 (O&M) **** certificate showing deposit of the amount of compensation with the Commissioner. After hearing learned counsel for the appellants, I am of the view that the amount of compensation to be deposited with the Commissioner is a sine qua non for the purpose of filing the appeal and that cannot be exempted. Hence the present application, i.e. CM No.4739-CII of 2010, is dismissed and in absence of the certificate as provided under Section 30 of the Act, this appeal is not maintainable and the same is, thus, dismissed in limine. July 30, 2010 (RAKESH KUMAR JAIN) vinod* JUDGE