G.M.LODHA,J. - (1.)A brutal, shameless, daylight rape on 'social and substantial justice' by none else but the State, is the genesis, of this 'frivolous and vexatious' 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 antithesis and anticlimax 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 Compensation Act, appellate jurisdiction, for a most unequitable relief, depriving the deceased's family of this token 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; wedded to 'social and substantial justice', by acting as 'watch dogs' of the Constitution; let me now narrate the facts of the present case.

(3.)THE workman was going in a tractor trolley of Public Works Department for performing his duties. The deceased workman wanted to pick up his tools from the octroi post where they used to be kept and, for that purpose, he tried to get down from the tractor but, in that process, he fell down and received injuries and, ultimately died in the hospital.