Narendra Pratap Singh Vs the Commissioner Under Employees Compensation Act / Deputy Labour Commissioner, and 4 Others

Court No. - 36

Case :- WRIT - C No. - 24002 of 2018

Petitioner :- Narendra Pratap Singh Respondent :- The Commissioner Under Employees Compensation Act / Deputy Labour Commissioner, And 4 Others Counsel for Petitioner :- Jamal Ahmad Khan Counsel for Respondent :- C.S.C.

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Hon'ble Mrs. Sunita Agarwal,J.

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At the outset, learned counsel for the petitioner informs that the officer who has been designated as Workmen Compensation Commissioner by the State Government has joined the said post and is working as such. The petitioner filed a recall application dated 7.7.2018 for recall of the order dated 10.4.2018 whereby liability has been imposed upon one Smt. Rama Singh, the predecessor-in-interest of the petitioner.

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Submission is that the order impugned 10.4.2018 has been passed against a dead person.

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Only submission of learned counsel for the petitioner is to issue a direction to the Workmen Compensation Commissioner, Azamgarh to decide the recall application dated 7.7.2018 within stipulated period.

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To this submission, learned Standing Counsel raises no objection.

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In view thereof, the present writ petition is being disposed of with the direction to the Workmen Compensation Commissioner, Azamgarh to decide the recall application dated 7.7.2018, preferably, within a period of one month from the date of submission of certified copy of this order, without granting any unnecessary adjournments to either of the parties.

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It goes without saying due notice and opportunity be provided to the opposite parties.

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For a period of one month from today or till the recall application is decided on merits, whichever is earlier, the recovery citation issued against the petitioner, the heir of Smt. Rama Singh, shall not be pressed into service.

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With the above observations and directions, the writ petition is disposed of .

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Order Date :- 2.8.2018 Brijesh

Narendra Pratap Singh v. the Commissioner Under Employees Compensation Act / Deputy Labour Commissioner, and 4 Others

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Narendra Pratap Singh v. the Commissioner Under Employees Compensation Act / Deputy Labour Commissioner, and 4 Others

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