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2001 Supreme(Bom) 387

S.D.GUNDEWAR, B.P.SINGH, D.D.SINHA
Gangwani and Co. & others – Appellant
Versus
Saraswati wd/o Maniram Banewar & others – Respondent


JUDGMENT - D.D. SINHA, J.:---The Division Bench of this Court vide order dated 28-9-2000 passed in Letters Patent Appeals Nos. 66/1993, 3/1996 and 11/2000 made a reference to the larger Bench in view of conflicting judgments of the earlier Division Benches of this Court in the case of (Smt. Rajiyabi Cosman Sayi and another v. M/s. Mackinon Machinazie Co. Pvt. Ltd.)1, A.I.R. 1970 Bombay 278 and (Dhondubai Murlidhar Reddi v. Proprietor Jankidas Khandsari Sugar Factory and others)2, 1991 Mh.L.J. 624. The question involved is---

"Whether Commissioner under the Workmen's Compensation Act is a Court and his order a judgment and order passed by the Single Judge of the High Court under section 30 of the Workmen's Compensation Act is a judgment within the meaning of Clause 15 of the Letters Patent (Bombay)?"

Since common question of law is involved, the reference is disposed of by common judgment.

2. The contentions raised by Shri Jaiswal, learned Counsel for the appellant, in nutshell are that an order made by the learned Single Judge of this Court in an appeal under section 30 of the Workmen's Compensation Act is a judgment and the Commissioner exercising power under section 20 of the A


















































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