JWALI vs BABU LAL - 1958 Supreme(All) 17

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1958 Supreme(All) 17

O. H. MOOTHAM, A. P. SRIVASTAVA
JWALI – Appellant
Versus
BABU LAL – Respondent

Advocates Appeared:
P.C.Chaturvedi

O. H. MOOTHAM, CJ.

( 1 ) THIS is an appeal from an order of Mr. Justice S. N. Sahai dated the 19th September, 1957.

( 2 ) ON the 9th January, 1954, the appellants were awarded Rs. 3,500 compensation under the workmens Compensation Act as compensation for the death of one Chhotey who was the son of the first and third appellants and the husband of the second appellant. The compensation awarded was directed to be paid by the respondents who were the employers of Chhotey at the time of his death. From that order the respondents filed an appeal to this Court under Section 30 of the Act. The learned Judge held that the respondents had not been served with notice of the proceedings before the Commissioner for Workmens Compensation and that the award of compensation was accordingly made without the respondents being afforded an opportunity of contesting the application. The learned Judge accordingly set aside the order of the commissioner and remanded the case for further hearing.

( 3 ) THE appellants appeal against the order on the ground that no appeal lay to this Court from the order of the Commissioner as such appeal did not involve a substantial question of law within the meaning of

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