1 2026:CGHC:7794 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1476 of 2019 1 - State Of Chhattisgarh Through- The Secretary, Government Of Chhattisgarh, Public Works Department Mahanadi Bhawan, Mantralaya, Naya Raipur, Chhattisgarh, ( The Appellant No. 1 Was Not A Party Before The Industrial As Appellant No. 1, In The Instant Petition As The Proper Course Is To Implead The State Government Through The Secretary Of The Concerned Department ), District : Raipur, Chhattisgarh 2 - Executive Engineer National Highway Division Jagdalpur, District Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh Appellant(s) Versus 1 - Dhaniram S/o Fagu Aged About 50 Years R/o Village Mawlipdar, Tahsil Darbha, District- Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 2 - Bhalu W/o Dhaniram Aged About 45 Years R/o Village Mawlipdar, Tahsil Darbha, District- Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 3 - Raimti D/o Dhaniram Aged About 15 Years R/o Village Mawlipdar, Tahsil Darbha, District- Bastar, Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 4 - Shriji Kripa Project Limited 203, Krishna Complex No. 2, Second Floor, Rajnagar Chowk, Mana Maua, Main Raod, Jalpark, Post Rajkot-4, Gujarat, District : Rajkot, Gujarat RAHUL JHA Digitally signed by RAHUL JHA Date: 2026.02.12 17:04:03 +0530 2 Respondent(s) (Cause-title taken from Case Information System) For Appellant(s) : Mr. Anand Gupta, Dy. GA For Resp No. 1 to 3 : Mr. Ram Sajiwan, Advocate For Resp. No.4 : Ms. Vidhi Matlani, Adv. on behalf of Mr. Sanjay Agrawal, Adv. (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 12/02/2026 1. This Miscellaneous Appeal (MAC) has been preferred by the State/appellant being aggrieved by the judgment dated 19/03/2019 passed by the Court of Commissioner for Employees’ Compensation Act, Labour Court, Jagdalpur, District Bastar (C.G.) in Case No. 18/2015/ E.C.Act (Fatal), whereby the claim petition filed by respondent Nos. 1 to 3 under Section 10 of the Workmen’s Compensation Act, 1923 has been allowed and the present appellant–State along with respondent No. 4 has been held jointly liable to deposit compensation to the tune of Rs. 5,81,405.43/- before the learned Commissioner within a period of 45 days. It was further directed that in the event of failure to deposit the awarded amount within the stipulated period, the liable parties shall pay interest @ 12% per annum on the compensation amount from the date of accident till its realization. 2. Vide order dated 13/03/2023, this Court directed the State to deposit 50% of the compensation amount before the concerned Claims Tribunal, and further stayed execution of the remaining award amount till further 3 orders. 3. Learned State counsel fairly submits that the State has not deposited its 50% share of the compensation amount before the concerned authority. 4. Section 30 of the Employee’s Compensation Act, 1923 reads thus: “30. 2. Vide order dated 13/03/2023, this Court directed the State to deposit 50% of the compensation amount before the concerned Claims Tribunal, and further stayed execution of the remaining award amount till further 3 orders. 3. Learned State counsel fairly submits that the State has not deposited its 50% share of the compensation amount before the concerned authority. 4. Section 30 of the Employee’s Compensation Act, 1923 reads thus: “30. Appeals.- (1) An appeal shall lie to the High Court from the following orders of a Commissioner, namely:- (a) an order awarding as compensation a lump sum whether by way of redemption of a halfmonthly payment or otherwise or disallowing a claim in full or in part for a lump sum; [(aa) an order awarding interest or penalty under section 4A;] (b) an order refusing to allow redemption of a half- monthly payment; (c) an order providing for the distribution of compensation among the dependants of a deceased [employee], or disallowing any claim of a person alleging himself to be such dependant; (d) an order allowing or disallowing any claim for the amount of an indemnity under the provisions of sub- section (2) of section 12; or (e) an order refusing to register a memorandum of agreement or registering the same or providing for the registration of the same subject to conditions: Provided that no appeal shall lie against any order unless a substantial question of law is involved in the appeal and, in the case of an order other than an order such as is referred to in clause (b), unless the amount in dispute in the appeal is not less than 3[ten thousand rupees or such higher 4 amount as the Central Government may, by notification in the Official Gazette, specify]: Provided, further, that no appeal shall lie in any case in which the parties have agreed to abide by the decision of the Commissioner, or in which the order of the Commissioner gives effect to an agreement come to by the parties: [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.] (2) The period of limitation for an appeal under this section shall be sixty days. (3) The provisions of section 5 of 5[the Indian Limitation Act, 1963 (36 of 1963)] shall be applicable to appeals under this section. ” 5. It is apparent that the statutory requirement under Section 30 of the Employees’ Compensation Act, 1923, which mandates deposit of the awarded amount as a pre-condition for entertaining the appeal, has not been complied with. Despite the specific direction of this Court to deposit 50% of the compensation amount/share of the appellant herein, and though there is a requirement of statutory compliance of deposit of award amount, no proof of deposit has been produced even till the last date of hearing. 6. In view of the aforesaid non-compliance of the mandatory statutory provision, this Court finds that the present appeal is not maintainable. 7. The State is directed to deposit the awarded amount before the concerned 5 Commissioner within a period of 25 days from today. The claimants shall be at liberty to proceed in accordance with law for execution of the award dated 19/03/2019 passed by the Court of Commissioner for Employees’ Compensation Act, Labour Court, Jagdalpur, District Bastar (C.G.) in Case No. 18/2015/ E.C.Act (Fatal) 8. Consequently, the appeal stands dismissed as not maintainable. Sd/- (BIBHU DATTA GURU) JUDGE Rahul