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2022 Supreme(Raj) 248

ANOOP KUMAR DHAND
Junior Engineer (JTO) Bharat Sanchar Nigam Limited – Appellant
Versus
Prem Bai W/o Late Shri Laxman Allias Parmanand – Respondent


Advocate Appeared:
For the Appellant :Neeraj Batra, Advocate.
For the Respondent:Nitin Jain and Manvendra Singh, Advocates.

JUDGMENT :

Anoop Kumar Dhand, J.

1. The instant civil misc. appeal has been filed by the appellants against the judgment and award dated 01.02.2010 passed by the Court of learned Commissioner Workmen's Compensation Act, District Kota (for short 'the learned Commissioner') in claim case No. WC/F/23/2006, by which the claim petition filed by the claimants-respondents was allowed and the appellants were directed to pay a compensation of Rs. 2,16,865/- with interest to the claimants.

2. The issue involved in this appeal is that "whether appeal under Section 30 of the Workmen's Compensation Act, 1923 (for short 'the Act of 1923') is maintainable without framing any substantial question of law?"

3. This controversy is no more res integra as the issue involved in this appeal has already been decided by this Court in S.B. Civil Miscellaneous Appeal No. 615/2007 titled as "The National Insurance Co. Ltd.. v. Smt. Mohini Devi and Ors." by observing thus:

    "Bare perusal of the proviso attached to Section 30 of the Act of 1923 indicates that no appeal shall lie against any order passed by the learned Commissioner unless a substantial question of law is involved in the appeal.

It is the settled princi

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