GOKUL AGRO INDUSTRIES Vs. DASRI

JUDGEMENT

(1.) This is an appeal filed by employers (non-applicants) under section 30 of the Workmen's Compensation Act against an award dated 27.3.2003 passed by Commissioner for Workmen's Compensation (Labour Court), Indore in Case No. 12 of 1997 W.C.F. By impugned award, learned Commissioner, Workmen's Compensation, i.e., the Labour Court was pleased to allow the claim application made by the respondent in part under section 10 of the Act and awarded a sum of Rs. 1,24,788 to the respondents. It is this award passed by the Commissioner, Workmen's Compensation which is sought to be impugned by the employers in this appeal.

(2.) Heard Mr. S.V. Dandwate, learned counsel for the appellants and Mr. Sanjay Patwa, learned counsel for respondents.

(3.) We may at the outset, take note of the well defined principles or parameters provided in section 30 of the Act while deciding the appeal. The section empowers this court to hear and decide the appeal if it involves any question of law. In other words, it is only when the appeal involves any question of law then this court can interfere in the impugned award of the Commissioner passed under section 10 ibid. Every order/award of Commissioner cannot be interfered with in exercise of appellate powers conferred by section 30 ibid. This court can interfere in those legal findings which are against any provision of law or dehors to the pleading or/and evidence or are such that no judicial man can ever reach to such conclusion. These are certain well settled principles which can be made basis to interfere in the impugned award of the Commissioner, Workmen's Compensation.