LODHA, J. — As these two writ petitions contain identical facts, they are disposed of by this single judgment.

2. On 29 4 1976 at about 2.30 p.m., two workmen M/s Mangilal and Tejaram of village Ratkara Teh. Bilara Distt. Jodhpur who were working on the bank of Rajasthan Canal, fell down in the canal and lost their precious lives. The unfortunate legal representatives gave notice and then since the State authorities did not pay compensation, an application was filed before the Workmen Compensation Commissioner. The application was contested by the petitioners. The Commissioner granted compensation to the legal representatives of both of them to the extent of Rs 13,500/. Costs were also awarded and the advocates fee was assumed at Rs 630/-, presumably as per the civil court rule.

3. The State obtained opinion of their advocate who opined that the case is not fit for appeal under S. 30 of the Workmens Compensation Act.

4. It is ingenuity of the States law officers that it resulted in filing of the writ petition under Article 226 of the Constitution when they were advised by the advocate earlier that even the case is not worth filing appeal and in fact no appeal was filed. Mr. Bhandari D

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