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1997 Supreme(Cal) 361

SATYABRATA SINHA, BHASKAR BHATTACHARYA
MANDERBHANI COLLIERY – Appellant
Versus
PHULWANTI DEVI – Respondent


Advocates Appeared:
Bidyut Kumar Banerjee, SUDHANSU SIL

SATYABRATA SINHA, J.

( 1 ) THIS appeal under Section 30 of the Workmen's Compensation Act is directed against an Order dated May 18, 1985 passed by Shri B. K. Mitra, Commissioner. Workmen's Compensation, Durgapur wherein and whereunder the said authority has awarded a sum of Rs. 27,000/-

( 2 ) WE find from the records that this matter was not placed under Order XLI Rule 11 of the Code of Civil Procedure and, thus, no substantial question of law was formulated as is mandatorily required under the proviso appended to Section 30 of the said Act.

( 3 ) HAVING considered the matter and having heard the learned Counsel for the parties, we formulate the following substantial question of law for our decision: "whether the Commissioner, Workmen's Compensation, acted illegally in so far as it failed to discuss the materials on record and thereby wrongly decided the jurisdictional fact. "

( 4 ) THE feet of the matter lied in very narrow compass. The petitioner's husband Mahngu Kahar allegedly died in an accident which took place on January 25, 1977. The feet that the said workman was an employee of the appellant is not disputed. According to the application which is in form 'g', the respond




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