-1- GPN-J-2459-ARHCBN-3-04-1,00,000-ALA4* [Spl.-H.C.,A.S.,C.D.79e. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. FIRST APPEAL No. 655/2006 MSEB -versus- Smt. Manda Pandurang Kakde ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : JANUARY 15, 2009. Appeal is under Section 30 of the Workmen's Compensation Act and it can be entertained only if substantial question of law arises. The substantial question sought to be raised is about existence of relationship as employer – employee between the appellant and deceased Pandurang. The unfortunate accident occurred on 12.02.2001. To show that thee is no such relationship muster till January, 2001 are produced. Similarly, it was the specific case that the deceased has climbed the pole as per instructions of line man Shri Choudhari. The line man Shri Choudhari has not been examined as witness. In police report relative of deceased has specifically mentioned that deceased -2- was working with MSEB and had climbed on pole as per the instructions given to him by the line man. Advocate Shri Moharir, states that the appellants are taking action against Shri Choudhari for unauthorised instructions to stranger. It is altogether a separate issue. Here before Workmen's Commissioner, adequate evidence should have been brought on record to show that no such relationship existed. The Commissioner has considered the aspect in right perspective. No substantial question of law arise in this appeal. Appeal is therefore dismissed. No cost. JUDGE Rgd.