2008 (7) TMI 1079

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....ted. 2. Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court dismissing the appeal filed by the appellant summarily. 3. The appeal was filed under Section 30 of the Workmen's Compensation Act, 1928 (in short the `Act'). The primary stand taken by the appellant was that the claimant had not established the employer employee relationship so fa....

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....sel for the State. The appeal has got no force. The appeal is dismissed. 5. Learned Counsel for the appellant submitted that it was not a case where no substantial question of law is involved. In fact, the acceptability of the evidence in view of various concessions made by the claimant has been completely lost sight by the High Court. 6. There is no appearance on behalf of respondents. As r....

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....venue of challenge. 9. Even in respect of administrative orders Lord Denning, M.R. in Breen v. Amalgamated Engg. Union 1971 (1) All ER 1148 observed: (All ER p.1154h) `The giving of reasons is one of the fundamentals of good administration.' In Alexander Machinery (Dudley) Ltd. v. Crabtree 1974 ICR 120 (NIRC) it was observed: `Failure to give reasons amounts to denial of justice. Reasons ar....

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....t reasons for the order made, in other words, a speaking-out. The 'inscrutable face of the sphinx' is ordinarily incongruous with a judicial or quasi-judicial performance. 10. The manner in which the appeal has been dismissed is not the proper course while dealing with the appeal when it raised substantial question of law. 11. Above being the position, we set aside the order of the H....