1. DECISION ' This is an appeal under section 30 of Workmen' Compensation Act, 1923 from they order, dated 15th May, 2000 of the Commissioner for Workmens' Compensation and Authority under the Payment of Wages Act, East Division, Karachi. The third proviso to section 30 of Workmens'
2. Compensation Act reads as under:- "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."
3. ' It is clear from the proviso that appeal is not maintainable unless it is accompanied by certificate by the Commissioner to the effect that the appellant has deposited with him an amount payable under the order appealed against. It has come to my notice that the said amount has been deposited by cheque which has been dishonoured by the Bank. This is the Statement of Commissioner Mr. Badarul Haq Solangi in open Court. Mr. S.M. Yaqoob the learned counsel for the appellant has also not denied that the Cheque was dishonoured by the Bank. He however insists on the Receipt Annexure-A/19 given to him by the Commissioner showing as if the requisite amount has been deposited with the Commissioner. No doubt the said Receipt does not disclose that any Cheque was deposited for the requisite amount or that said Cheque was dishonoured. But as pointed out above it is not denied by the learned counsel for the appellant that Cheque had been deposited for the amount to be paid. The Commissioner has produced Bank Slip which clearly shows that the Cheque Exh.'X' in the case file was dishonoured by the Bank (UBL) on which it was drawn on 10-7-2000. This is a clear proof of dishonouring of the Cheque. The learned counsel for the appellant has not been able to produce any other evidence showing that the requisite amount was paid in cash or by second cheque. Since the Cheque by which the amount was deposited had been dishonoured it in effect means that as if the amount in question had not been deposited in compliance with the legal provisions referred to above. This being the position the appeal is not maintainable which is accordingly dismissed as not maintainable.