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 writ petition.
(2.) MAHAMANYA Rashtrapati's visit at Jaipur was preceded by the accidental death of 'kamgar' (workman, labourer) Beldar Kalyan Meena, who died in harness while making the arrangements for reception. 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 extraordinary and equitable jurisdiction, for a most unequitable relief, depriving the widow of this token monetary relief also, when she has been deprived of her husband 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 this case.
(3.) THIS writ application has been filed by the State of Rajasthan and the Assistant Engineer against the judgment of the Workmen's Compensation Commissioner awarding compensation of Rs. 18,000/ - and penalty of Rs. 9,000/ - to the widow of the deceased Kalyan who was working as Beldar in Public Works Department of Government of Rajasthan.;