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NARENDRA SINGH DHADDHA
Balveer Singh, Founder Owner And Director, S. t. n. Cable Network – Appellant
Versus
Gopal Sharma S/o Shri Prabhu Lal – Respondent
JUDGMENT :
1. This Civil Misc. Appeal has been filed by the appellants u/s 30 of Workmen’s Compensation Act, 1923 (for short, the Act of 1923) against the judgment dated 18.08.2017 passed by learned Workmen Compensation Commissioner, Kota (for short ‘learned Commissioner’) in claim case No. J.L.C./F/19/2011 titled as Gopal Sharma & Anr. Vs. Sanjay Pathak & Ors., whereby an amount of Rs.2,08,732/- alongwith interest @ 12% per annum w.e.f 01.06.2006 has been awarded as compensation in favour of respondent Nos.1 and 2-claimants (for short ‘the claimants’) and penalty to the tune of 20% of the compensation amount has also been imposed upon the non-claimant No.1-Sanjay Pathak.
2. Learned counsel for the appellants submits that the learned Commissioner has wrongly allowed the claim petition filed by the claimants. Learned counsel for the appellants also submits that claimants failed to prove that deceased was employed by appellants. Initially, claim petition was filed against the respondent Nos.3-Sanjay Pathak and 4-Bharat Jhamnani respectively. The said claim petition was ex-parte decreed. After that, ex-parte judgment and decree was set aside and respondent No.4 filed reply to the claim
The judgment established the principle that the High Court's jurisdiction under the Workmen's Compensation Act is confined to examining substantial questions of law only.
The limited jurisdiction of the High Court to examine substantial questions of law only and not to reappreciate evidence or findings of fact.
The appellate jurisdiction of the High Court is confined only to examine the substantial questions of law arising in the case, as provided under Section 30 of the Workmen's Compensation Act, 1923.
The main legal point established is the limited jurisdiction of the High Court to examine substantial questions of law under the Workmen's Compensation Act, emphasizing the finality of the Commission....
The High Court's review under Section 30 of the Workmen's Compensation Act is confined to substantial questions of law, not factual re-evaluations.
The appeal under the Workmen Compensation Act is confined to substantial questions of law, and factual findings by the Commissioner are generally conclusive.
Limited jurisdiction of the High Court in appeals under the Workmen's Compensation Act, 1923.
Limited jurisdiction of the High Court under Section 30 of the Workmen's Compensation Act to examine substantial questions of law only.
The High Court's jurisdiction under Section 30 of the Workmen's Compensation Act is limited to substantial questions of law; it cannot re-evaluate evidence or disturb findings unless they are pervers....
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