JUDGMENT :

Bhattacharjee, J.

1. This is an appeal against an order passed by the learned single Judge of this Court dismissing an appeal u/s 82 of the Employees' State Insurance Act, 1948, in limine. The order assailed is not a speaking order as the learned Judge has dismissed the appeal by a one-word order to the effect 'dismissed'.

2. In Madhya Pradesh Industries Ltd. Vs. Union of India and Others (UOI), Subba Rao, J., in his separate but concurring judgment, while pointing out that the orders of appellate Court should contain the reasons therefor, has nevertheless relieved such Courts from making a speaking order when they dismiss an appeal or a revision in limine. It has been observed therein that in the latter cases, a non-speaking order may be justified because the appeal or revisional Court in that case must be presumed to have agreed with the reasoned judgment of the subordinate Court and to have found no legally permissible grounds to interfere therewith. These observations in Madhya Pradesh Industries Ltd. (supra) have been referred to with approval in the Five Judge Bench decision of the Supreme Court in S.N. Mukherjee Vs. Union of India, and, therefore, dismissal of an app