DHONDUBAI Vs. PROPRIETOR JANKIDAS KHANDSARI SUGAR FACTORY PARTNERS AND OWNERS

JUDGEMENT

(1.) THIS appeal raises a question of general importance relating to the tenability of Letters Patent appeal under Clause 15 of the Letters Patent of the High Court (Bombay) against a judgment of a Single Judge in a appeal under Section 30 of the Workmen's Compensation Act, 1923 (hereinafter referred to as "the Act" ).

(2.) ON December 28 of 1865 Her Majesty, the Queen Victoria of England (as she then was) inter alia ordained vide Clause 15 that an appeal shall lie to the said High Court. . . . . . . from the judgment. . . . . . . of one Judge of the said High Court. . . . . . . pursuant to Section 108 of the government of India Act, 1915 (hereinafter referred to as "the Act of 1915"), (Emphasis supplied ). Section 108 deals with the exercise of jurisdiction of Single Judge or Division Court and further authorises prescribing of rules for exercise of jurisdiction of Judges of the High Court - original and appellate jurisdiction vested in the Court. (Emphasis Supplied ). Clause 16 of the Letters Patent has further ordained that the said High Court. . . . . . shall be a Court of Appeal from the Civil Courts of the Presidency of Bombay and from all other Courts subject to its superintendence, and shall exercise appellate jurisdiction in such cases as are subject to appeal to the said High Court by virtue of any laws or regulations now in force. (Emphasis supplied ). On introduction of the Constitution of India, the term 'pursuant to Section 108 as indicated in clause 15 is now to be read as 'pursuant to Article 225 of the Constitution. This Article has preserved the jurisdiction of the existing High Court and the power of its Judges. However, the jurisdiction and powers are made subject to the provisions of the Constitution and the laws which arc for the lime being in force.

(3.) ON July 1, 1924, the Act with a view to provide compensation to the workmen for in jurics sustained in an accident during the course of employment, came into being. Section 20 authorises the Stale Government to appoint a Commissioner for Workmen's Compensation, as an authority for the purposes of the Act. Section 19 lays down that the Commissioner shall settle the dispute arising out of the proceedings under the Act. Section 30 provides for an appeal to the high Court against certain orders of the Commissioner. As per the relevant rules, such appeals are to be heard and decided by a Single Judge of the High Court. The appellant-workman challenged the Award passed but the Commissioner under Section 19 by presenting an appeal under Section 30 of the Act to this Court. The learned Single Judge by decision dated 12th August 1983 dismissed the appeal. Since dissatisfied, the appellant-workman presented the instant Letters Patent Appeal.