Case Note & Summary
The appellant, Mahindra Gujrat Tractor Ltd., challenged an award dated 12th January 2007 passed by the Commissioner for Workmen's Compensation Act & Judge, Labour Court, Latur, in Application (W.C.) No. 27 of 2001. The Labour Court had directed the appellant to pay compensation of Rs. 4,23,580/- with interest at 6% per annum to the respondents, who were the legal heirs of a deceased workman. The appellant filed a First Appeal under Section 30 of the Workmen's Compensation Act, 1923. The High Court, after hearing the learned counsel for the appellant, observed that no substantial question of law was formulated as mandated by Section 30 of the Act. The court noted that the appeal did not raise any substantial question of law and therefore dismissed the appeal with no order as to costs. The court also directed that the amount deposited in the Labour Court be not disbursed and be invested in a Fixed Deposit in the name of the appellant.
Headnote
A) Workmen's Compensation - Appeal - Substantial Question of Law - Section 30 of Workmen's Compensation Act, 1923 - The appellant challenged the award of compensation by the Labour Court. The High Court found that no substantial question of law was formulated as required under Section 30 of the Act. The appeal was dismissed with no order as to costs. (Paras 1-3)
Issue of Consideration
Whether any substantial question of law arises for consideration under Section 30 of the Workmen's Compensation Act, 1923.
Final Decision
The First Appeal is dismissed with no order as to costs. The amount deposited in the Labour Court shall not be disbursed and be invested in Fixed Deposit in the name of the appellant.
Law Points
- No substantial question of law formulated
- Section 30 of Workmen's Compensation Act
- 1923
- Appeal dismissed
Case Details
2010 LawText (BOM) (04) 6
First Appeal No. 280 of 2007
Mr. R.V. Ghuge for appellant, Mr. R.B. Deshmukh for respondent nos.1 to 5, Mr. V.J. Dixit, Senior Advocate with Mr. S.Y. Mahajan for respondent no.6
Mahindra Gujrat Tractor Ltd.
Shabana w/o. Abdul Rauf Pathan and others
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Nature of Litigation
First Appeal under Section 30 of Workmen's Compensation Act, 1923 challenging the award of compensation by Labour Court.
Remedy Sought
Appellant sought to set aside the award of compensation of Rs. 4,23,580/- with interest.
Filing Reason
Appellant challenged the Labour Court's award directing payment of compensation to the legal heirs of the deceased workman.
Previous Decisions
Commissioner for Workmen's Compensation Act & Judge, Labour Court, Latur, passed award on 12th January 2007 in Application (W.C.) No. 27 of 2001.
Issues
Whether any substantial question of law arises under Section 30 of the Workmen's Compensation Act, 1923.
Submissions/Arguments
Appellant argued that the award was erroneous but failed to formulate any substantial question of law.
Ratio Decidendi
Under Section 30 of the Workmen's Compensation Act, 1923, an appeal lies only if a substantial question of law is involved. The appellant failed to formulate any substantial question of law, hence the appeal is not maintainable and is dismissed.
Judgment Excerpts
It is more than clear, no substantial question of law, as mandated in terms of Section 30 of the Workmen's Compensation Act, 1923, was formulated.
Procedural History
The Labour Court passed an award on 12th January 2007 in Application (W.C.) No. 27 of 2001. The appellant filed First Appeal No. 280 of 2007 before the Bombay High Court. On 26th March 2007, the High Court directed that the amount deposited be not disbursed and be invested in Fixed Deposit. The appeal was finally heard and dismissed on 8th April 2010.
Acts & Sections
- Workmen's Compensation Act, 1923: Section 30
