Rajdeo Prasad Vs M/S Continental Fleat Glass Ltd. Bargarh Banda and Others

Court No. - 44

Case :- FIRST APPEAL FROM ORDER No. - 291 of 1999

Appellant :- Rajdeo Prasad Respondent :- M/S Continental Fleat Glass Ltd. Bargarh Banda And Others Counsel for Appellant :- C.P. Verma,Anil Kumar Tiwari,S.K. Pandey,S.P.Shukla Counsel for Respondent :- S. Chatterji

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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Heard Sri Anil Kumar Tiwari, learned counsel for the appellant.

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This is a very old application where the injured suffered injuries. This claim petition came to be dismissed on a hypertechnical stand taken by the court below is the submission of the learned counsel for the appellant. None appears for the respondents who were his employers. Notices were served to the respondents time and again despite that they have not appeared, as a matter of fact the claim would arrive within one month of the injury.

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In that view of the matter, the claimant had claimed meager amount of Rs. 54, 557/- but the learned court below has rejected the claim petition on the ground that delay should be first condoned and the claimant had not filed any such reasons why real employer was not joined as a party, these are the hyper technical stands which should not have been taken by the Commissioner below is the submission of the learned counsel for the appellant which is accepted by this Court. Under Section 30 of the Worksmen Compensation Act, 1923 the order is perverse and is set aside. The matter is remanded back to the Commissioner to decide the matter after joining the real owner and serving the same.

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Hence, this appeal is partly allowed.

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This Court is thankful to Sri Anil Kumar Tiwari, learned counsel for the appellant for ably assisting this Court.

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Order Date :- 22.9.2022 PS

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Digitally signed by POOJA SHARMA Date: 2022.09.23 12:29:59 IST Reason: Location: High Court of Judicature at Allahabad

Rajdeo Prasad v. M/S Continental Fleat Glass Ltd. Bargarh Banda and Others

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Rajdeo Prasad v. M/S Continental Fleat Glass Ltd. Bargarh Banda and Others

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