Appeal against Commissioner's order dismissing Workmen Compensation claim was allowed. Order quashed for not considering evidence; case remanded for fresh hearing on evidence.
Case remanded to the Commissioner under the Workmen Compensation Act, Kangra for reconsideration based on evidence and disposal within four months from 1.6.2010.
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.
FAO No.622 of 2008
5.5.2010. Present:
Mr.Ramakant Sharma, counsel for the appellants. Mr.Rakesh Jaswal, vice counsel for respondent No.1.
This is an appeal filed by the appellant against the order passed by the Commissioner under the Workmen Compensation Act, Kangra, dated 9.9.2008, dismissing the claim preferred by the appellant/petitioners.
Notice of the appeal was issued. I have heard the learned counsel for the parties and have gone through the record of the case.
On appraisal of the impugned order passed by the learned Commissioner, it is clear that no reference has been made to the evidence led by the parties before the Commissioner, Workmen Compensation, when it passed the impugned order. The evidence led by the petitioners was relevant and had to be considered before deciding the question of employer and employee relationship. Thus, the impugned order suffers from an illegality, which cannot be cured.
In view of the above discussion, the appeal is allowed and the case is remanded back to the Commissioner under the Workmen Compensation Act, Kangra to reconsider the case on the basis of the evidence led by the parties before it and decide the matter afresh in accordance with law. The parties, through their counsel, are directed to appear before the court of the Commissioner on 1.6.2010 and the Commissioner shall try to dispose of the case, being an old one, within four months from the aforesaid date. The record of the case be sent back forthwith .
The appeal stands disposed of accordingly, so also the pending applications, if any.
May 5, 2010. (trs)
(V.K. Ahuja), Judge.
3 issues framed by the court
Whether the Commissioner erred in deciding the case without considering the evidence led by the parties regarding the employer-employee relationship.
How to remedy the illegality of the impugned order passed without considering evidence.
Whether the appeal filed against the Commissioner's order dismissing the claim should be allowed.
Appellant
Respondent No.1
V.K. Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
