This short order disposes of a writ petition challenging the rejection of an application by the Labour Court Commissioner to join certain parties as opponents in an Employees' Compensation matter, noting that applicants bear the burden to prove the relationship and accident occurrence.
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Madkar 1 W.P. No. 9440/2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
935. WRIT PETITION 9440 OF 2018
Adinath Rabhaji Honde… Petitioner
Versus
…
Sonali Suresh Waghmare and othersRespondents
Mr. H.D. Deshmukh, Advocate for petitioner.
ORAL ORDER :
1.By this petition, the petitioner has challenged the order
passed in Application (W.C.) No. 30 of 2016 dated 23 May 2018 by
the learned Commissioner for Employees' Compensation/Judge,
Labour Court, Ahemadnagar, rejecting the application filed by the
petitioner who is the respondent in this application, for joining certain
parties as opponents.
2.The learned Commissioner while rejecting application has
observed that the applicants are in carriage of the proceedings and
burden lies on the applicants to prove employer and employee
relationship and occurrence of the accident out of and during the
course of the employment. In view of this observation, if the
Madkar 2 W.P. No. 9440/2018
applicants have chosen not to join certain persons and then it is the
choice of the applicants as pointed out by the learned Commissioner,
at their risk and consequences. As far as the petitioner is concerned,
all the contentions of the petitioner in respect of his liability are open
to be considered at the time of hearing of the application.
3. The Writ Petition is disposed of.
N.M. Jamdar, J.
Adinath Rabhaji Honde
Sonali Suresh Waghmare and others
N.M. Jamdar
As recorded by the court registry
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