1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : J U D G M E N T : S.B. Civil Misc. Appeal No.592/1997. (State of Rajasthan Vs. Mst. Ayaz Begum & Others) DATE OF JUDGMENT : November 26, 2009. P R E S E N T HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS ____________________________________ Mr. Mukul Singhvi for the appellant. Mr. Sandeep Shah for the respondents. BY THE COURT : In this appeal filed by the State of Rajasthan through the Executive Engineer, P.W.D., Division-I, Udaipur, the judgment passed by the learned Commissioner, Workmen's Compensation, Udaipur in W.C. Case No.40/86 dated 31.03.1997 is under challenge, whereby, the learned Commissioner allowed compensation under the Act of 1923 in the tune of Rs.36,731/- along with interest at the rate of 12 per cent and, further, it is ordered that the said amount shall be paid by respondents No.2 and 3 both. After filing this appeal, cross appeal was also filed by proforma respondent No.2 and said cross-appeal is barred by time by 442 days and no application under Section 5, Limitation Act for condonation of delay has 2 been filed. I have perused the impugned judgment. In my opinion, no substantial question of law emerges for consideration. Therefore, as per proviso to Section 30 of the Workmen Compensation Act, 1923, this appeal filed by the State of Rajasthan has no substance because the Public Works Department is not challenging the factual aspect of the matter; but, only raising voice that workman was employee of the contractor, therefore, Government is not liable to pay any compensation. The vehicle upon which late Shri Mohammed Khan was working was hired by the Public Works Department, Salumbar Division on the date of occurrence; meaning thereby, being the principal employer, the State Government as well as employer Yashwant Kumar were held liable for compensation. In this view of the matter, it emerges from the facts that no illegality has been committed by the Commissioner, Workmen's Compensation, Udaipur. Hence, this appeal is hereby dismissed. (Gopal Krishan Vyas) J. Ojha, a.