B. J. SHETHNA, J, J.

( 1 ) THIS First Appeal is filed by the Gujarat Electricity Board and its superintending Engineer under section 30 of the Workmens Compensation Act, 1923 (hereinafter referred to as "the Act") against the judgment and award dated 9th July, 1992 in Workmen Compensation Application No. 9 of 1991 by the Commissioner for workmens Compensation, jamnagar, whereby the learned Commissioner partly allowed the application of the workman and awarded Rs. 89245/- to the workman instead of Rs. 92085/- claimed by him with interest at the rate of 6% per annum and also awarded penalty at the rate of 35% over the amount of compensation.

( 2 ) THOUGH this being a First Appeal, under the First Proviso to section 30 (1) of the act, no appeal shall lie against any order unless a substantial question of law is involved in the appeal. Mr. Pandya, learned counsel for the appellants has restricted his challenge in this appeal only to the order of penalty passed by the learned Commissioner. He has framed the following substantial question of law in this appeal for the determination by this Court whether in case of a non-scheduled injury where the employee has failed to produce disability

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