STATE OF RAJASTHAN Vs. RAMESHWARLAL
HIGH COURT OF RAJASTHAN
STATE OF RAJASTHAN
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GUMAN MAL LODHA, J. -
(1.)A brutal, shameless, daylight repa on 'social and substantial justice' by none else but the State, is the genesis, of this 'Frivolous and vaxatious' appeal.
(2.)A poor homage to social justice is well depicted by this appeal where 'mighty state' has filed this frivolous appeal against the unfortunate parents of Babulal, the workman who died in harness on 16th October, 1975. The socio-economic pragmatic approach exhibited by labour laws, expressly provides for compensation. It is customary and traditional for the State or its functionaries, on such occasions to act on humanitarian grounds and grant ex-gratia monetary relief to the deceased's family. But as an anti-thesis and anti-climax of it, the state contested the claim of compensation first. To add fuel to fire, when awarded, it has challenged it now by invoking in an appeal under Section 30 of Workmen's Compensation Act, jurisdiction, for a most unequitable relief, depriving the deceased family of this taken monetary relief also, when the parents have been deprived of their son by cruel fate.
With the above preface, which is the outcome of an instantaneous and spontaneous reaction of the judicial conscious of the Court ; welded to 'social and substantial justice'. by acting an "watch dogs" of the Constitution ; let me now narrate the facts of the present case.
(3.)THE workman was going in a tractor trolly of Public Works Department for performing his duties.
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