This appeal against a Deputy Labour Commissioner's order is partly allowed. The matter is remanded to decide compensation as per law within 12 weeks after notice to parties.
Appeal partly allowed. Matter remanded to the Workmen Commissioner to decide within 12 weeks after notice to all concerned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- FIRST APPEAL FROM ORDER No. - 1031 of 1997
Appellant :- Shri Masha Allah Respondent :- Shri Pradeep Gupta And Another Counsel for Appellant :- K.K.Arora
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard learned Counsel for the appellant and Sri Arvind Kumar for the respondent, who has vehemently submitted that the order passed against the appellant is just and proper.
By means of this appeal, the appellant has challenged the order dated 27.9.1997 passed by Deputy Labour Commissioner, Moradabad Region, Moradabad/Workmen Compensation Commissioner, Moradabad in W.C.A. Case No.3 of 1994 (Masha Allah Vs. Pradeep Gupta and others).
This is an appeal under Section 30 of the Workmen's Compensation Act, 1923. The Workmen has suffered employment injuries. Whether the vehicle was plied in contravention of the Rules was not the subject matter with the Workmen Commissioner as to look into. The employment was accepted. The vehicle was being driven by the injured. The fact that the owner has accepted the employment, the Workmen Commission was supposed to adjudicate on the compensation as per Section 4 of the Employees Compensation Act. The rejection of the matter is not germane to the facts of this case.
In view of the above, the appeal is partly allowed.
The matter is remanded to the Workmen Commissioner, Moradabad Region, Moradabad, to decide the same in accordance with law as the record is before the Workmen Commissioner, who shall decide the matter within 12 weeks from today after issuance of the notice to all the concerned parties.
Order Date :- 15.9.2022 Irshad
Digitally signed by IRSHAD AHMAD SIDDIQUI Date: 2022.09.20 10:14:48 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the appeal challenging the Deputy Labour Commissioner order regarding workmen compensation ought to be allowed.
Shri Masha Allah
Shri Pradeep Gupta
Dr. Kaushal Jayendra Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
