Under Section 30 of the Workmen's Compensation Act, only substantial questions of law can be agitated, and the appeal must qualify to have a substantial question of law to be entertained.

JUDGMENT

Pushpendra Singh Bhati, J. - This misc. appeal U/s.30 of Workmen's Compensation Act has been filed for the following reliefs :-

"It is, therefore, most humbly and respectfully prayed that this civil misc. appeal may kindly be allowed and the order dated 15.1.1998 passed by the learned Commissioner, Workmen's Compensation, Bikaner in W.C. Case No.17/94 may kindly be quashed and set aside and the claim filed by the respondent no.1 may kindly be dismissed throughout with cost."

2. A compensation to the tune of Rs.14,700/- has been allowed to Mularam, who met with accident on 05.12.1982 while working as casual labour between railway track of Palana to Udramsar when a train run over him and he lost his right leg.

3. Counsel for the respondent has relied upon the judgment of Smt. Ram Sakhi Devi Vs. Chhatra Devi, (2005) 6 JT 167 SC wherein the Hon'ble Apex Court held that without formulating substantial question of law appeal cannot be sustained.

4. Counsel for the respondent has further shown judgment of Jaipur Bench of this Court in M/s. Krishna Weaving Mills, Ajmer Vs. Smt. Chandra Bhaga Devi widow of Mool Chand & Anr., (1985) 1 WLN(Raj) 455 wherein this Court while dealing with Workmen's Compensation Act has laid down law that unless there was a question of public importance and there was no final interpretation available while the substantial question of law was arising, the appeal under the Workmen's Compensation Act cannot be entertained. Relevant portion of the judgment reads as follows :-

"8. Moreover, under S. 30 of the Workmen Compensation Act only substantial questions of law can be agitated. In the present case, I am convinced that there is no substantial question of law involved.

9. The question of public importance and question on which no final interpretation is available are known as substantial question of law. Even if this definition is further extended, it will have to bear in mind that there is vast difference between the question of law and substantial question of law. It is only when the question of law is not well settled and it is of importance, it would become a substantial questions of law. The employer should not indiscriminately file appeals against poor workman's dependents. No notice is given before Fatal Accidents to the victim and how can want of notice to employer be fatal accident again, depriving compensation to unfortunate victims or dependents in cases of the Compensation Act."

5. Since the appeal is not qualifying to have a substantial question of law, which is mandatory under Section 30 of the Workmen's Compensation Act, 1923. No interference is called for. The appeal is dismissed.