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2021 Supreme(J&K) 537

JAVED IQBAL WANI
Divisional Manager JKSFC Bhaderwah – Appellant
Versus
Doost Mohammad – Respondent


Advocates Appeared:
For the Petitioner: Vipan Gandotra.
For the Respondent: Amit Kumar.

JUDGMENT :

1. The instant appeal has been filed by the appellant against award dated 20.05.2014 (for short impugned award) passed by the Assistant Labour Commissioner, Doda (for short the Commissioner) under Employees Compensation Act, 1923 (for short the Act) in favour of the respondent herein.

2. The appeal has been filed under Section 30 of the Act which provides for filing of an appeal from various orders of a Commissioner enumerated in (a) to (e) of sub-section (1). The first proviso appended thereto Section 30(1) however, would provide that no appeal shall lie against any order unless a substantial question of law is involved in the appeal.

3. The appellant in the memo of appeal has formulated as many as seven questions styled as substantial questions of law, however, learned counsel for the appellant insists for consideration of only following question thereof stated to be a substantial question of law:-

    "Whether without determining the nature of injury and without there being any evidence with regard to loss in earning capacity, the compensation can be granted".

4. Heard learned counsel for the parties and perused the record.

5. Learned counsel for the appellant while placing rel

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