JUDGMENT 1. A day light rape on 'social justice' is manifested in this frivolous appeal by the State of Rajasthan against a low paid employee. What a poor homage the State functionaries are paying to the great principles of 'social justice' enshrined in our Constitution, is well depicted by this litigation. 2. Madanlal Sharma was a Malaria Surveillance Worker in N. M. E. P. Department of Rajasthan State Government, and he had contributed to the Compulsory State Insurance Scheme from December, 1964. He furnished a declaration in 1966. The State functionaries continued to deduct the premium regularly till the last payment of salary made to him before his death on 29-6-1969. 3. The State functionaries never pointed out that there was any defect, infirmity and lacuna in the declaration for insurance by Madanlal, but, due, to the sheer, lethargy and negligence. it did not issue a certificate of insurance. 4. When Madanlal Sharma died on 29.6.69, instead of making payment of insurance, State functionaries taking advantage of their own lapse resisted the claims on the ground that the certificate was not issued. 5. The legal heirs were thus dragged to file a civil suit. The appellant- State of Rajasthan and its functionaries resisted the claim on wholly frivolous ground that the certificate was not issued. The Trial Court came to the conclusion that the poor employee did everything by payment of premium, filing of declaration (Ex, A. 1) and sending letter (Ex.A.3) but the State functionaries kept conspicous silence. 6. In view of the above, the decree was granted holding that the amount should have been paid. 7. Before this Court, it was argued that in the absence of certificate, the payment could not have been made, and, therefore, this could not be substantiated. It was also argued that the employee was suffering from the disease. It is surprising that certificate produced in the grounds of appeal and relied upon by the appellant. itself, says that Madanlal was quite fit to resume duty. The ailment of dysentry was cured. Yet, the appellant's counsel submitted that this tantamounts to supression of some material facts. 8. The ailment mentioned was dysentry which was also cured. It is surprising that certificate produced in the grounds of appeal and relied upon by the appellant. itself, says that Madanlal was quite fit to resume duty. The ailment of dysentry was cured. Yet, the appellant's counsel submitted that this tantamounts to supression of some material facts. 8. The ailment mentioned was dysentry which was also cured. It is most shocking that the State on the basis of such medical certificate which was actually for resumption of duty after completion of leave period, has tried to resist the payment of insurance amount on the pretext which is wholly untenable. I am convinced that the defence of the State in this case was wholly frivolous and vexatious. I am constrained to observe that in matters of State Insurance where the Slate provides social security, and protective scheme for its citizens to give relief to the dependents or employees, themselves, the State instead of respecting the spirit of the scheme, itself has betrayed it and that too, by entering into this litigation. 9. The fact that this appeal has been filed in the High Court against the concurrent finding of two courts-below, shows the callous, casual and negligent manner in which the State functionaries file the appeals in such frivolous cases against a low paid employee. 10. It has been repeatedly observed by me in a series of judgments that it is not only unfortunate but a matter which requires prompt attention of the State, as to why the poor people's money which forms the coffers of the public exchequer, should be allowed to be wasted in such avoidable litigation. In addition to the wastage of money, the time of the Court, and the Law Officers is wasted in realise such frivolous appeals etc. A situation will come when this Court may be compelled to direct the State Government to realise the entire costs from the officer concerned who sanctions filing of such frivolous appeals. 11. In various judgments I have highlighted the view that socio-economic welfare legislations are to be construed in liberal manner in favour of the poor persons where they are labourers, workmen of employees so that they can get speedy benefit and advantage of these beneficial socio-economic laws. 11. In various judgments I have highlighted the view that socio-economic welfare legislations are to be construed in liberal manner in favour of the poor persons where they are labourers, workmen of employees so that they can get speedy benefit and advantage of these beneficial socio-economic laws. If that is not done and the Courts start picking loopholes in such cases, by microscopic examination of technicalities, by cutting is & dotting is, enforcing technical rules of pleadings, it would not only be great injustice to the preamble, directive principles and fundamental rights enshrined in the Constitution of this country, but it would be reducing them to ridiculous state of becoming words of platitudes high-sounding mottos only to be kept in the closed shelves of the libraries, without having any intention to implement them or enforce them in reality. 12. In a welfare State, a liberal interpretation, free from technicalities in favour of poor needy persons would really accomplish the human and socio-economic purpose of legislation, which have been made and enacted for the economic need of emancipation of the labour from exploitation. As such a generous humanitarian approach is, therefore, needed both by the Courts and the State in implementation of such socio-economic legislations for giving the relief speedier and cheaper. 13. It is of utmost importance, that neither the State nor judicial or quasi-judicial officer, should treat such cases or cases of contracts or mortgages, pre-emption or the easements but appreciate the legislative intent to provide relief to the needy person. For that, the only anxiety of the Court should be that substantial justice, real justice, speedy justice and effective justice should be imparted and administered to them and no technicalities or rules of procedure should come in the way. If that is not done the very object of such legislations would be defeated. 14. For that, the only anxiety of the Court should be that substantial justice, real justice, speedy justice and effective justice should be imparted and administered to them and no technicalities or rules of procedure should come in the way. If that is not done the very object of such legislations would be defeated. 14. The present case is a classical example of the negation of all, what I have said above The appellant-welfare State functionaries did not pay voluntarily the insurance amount which the employee, himself, contributed from his salary under the Compulsory State Insurance Scheme of the appellant, itself but put impediments by taking technical but frivolous plea which is its own sheer negligence by not issuing the certificate of insurance to the employee who had completed all requirements to be done by him re-enacting "Merchant of Venice" of Shakespear where Portia put the classical defence, "not a drop of blood". 15. The levy of the penalty should have resulted in commencing of the proceedings against the officer who made delay in payment of the insurance amount resulting in the burden on the public exchequer if once a while the State starts such proceedings and after holding person responsible, realises this penalty from him, then a frivolous defence in such socio-economic legislation cases would stop. However, instead of that, the State functionaries in the instant case filed frivolous appeals one after the other. 16. Such a questionable conduct of the State functionaries, who are responsible for filing this vexacious appeal, deserves certainly to be deprecated as they forgot the law repeatedly laid down by this court and the Supreme Court in such matters and forgot the very beneficial and liberal approach which is required to be made in such cases. Those who forget such important constitutional mandates, writing on the walls legislative pronouncements and the rule of law and further wants to have this luxurious litigation, at the cost of weeping children and cries of agony of widow of an employee cannot b.- forgiven and should not be forgiven. 17. Such avoidable wasteful litigation which helps none and destorys very foundation of welfare state, socio-economical legislation, further wastes the valuable time of the Courts by depriving the thousands of the needy litigants who are standing in the queues for the last more than one decade, cannot be entertained and appreciated. 18. 17. Such avoidable wasteful litigation which helps none and destorys very foundation of welfare state, socio-economical legislation, further wastes the valuable time of the Courts by depriving the thousands of the needy litigants who are standing in the queues for the last more than one decade, cannot be entertained and appreciated. 18. Inspite of the Judgmentes of this Court in series of cases, and inspite of deprecation of it, the same questionable technique has been adopted not by any ordinary litigant but by mighty State which is supposed to respect judicial verdict both in letter and spirit. It is high time that the State should take proper steps to avoid recurrence in future, and that would be in consonance with the spirit of the Constitution and the law of the social welfare legislation mentioned, above. 19. I am therefore, convinced that there is no merit in the appeal, which fails and is hereby dismissed. The dependent of the employee is entitled to exemplary costs of Rs. 1,000/- which Mrs. Jain appearing on behalf of the State opposes as no one has appeared on behalf of the plaintiff. Hence the prayer for not allowing the exemplars costs of Rs. 1000/- made by Mrs. Jain appears to be reasonable and is accepted. As such, the appeal is dismissed without any order as to costs.Appeal dismissed. *******