Remanded

The Branch Manager, v. Alamelu

Madras HC26 Apr 2024CMA(MD)/862/2021

Case brief

AI extract

What is this about?

The appellant sought to set aside an award under the Employees Compensation Act and remand the case for fresh trial to lead evidence. The respondent raised no objection. The Court remitted the case to the trial court for fresh consideration, allowing additional evidence, and disposed of the appeal.

What did the court decide?

Remanded to the trial Court for fresh consideration with liberty to lead additional evidence.

The Branch Manager, Vs Alamelu — Labour and Industrial Disputes | Madras HC (2024)

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C.M.A(MD)No.862 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 26.04.2024

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CORAM

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THE HONOURABLE MR.JUSTICE G.ILANGOVAN

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C.M.A(MD)No.862 of 2021 and C.M.P(MD)No.8069 of 2021

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The Branch Manager, M/s. IFFCO - TOKIO General Insurance Company Ltd., IFFCO Bhavan, Habifulla Street, T.Nagar, Chennai. ... Appellant / Respondent No.2 Vs.

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1.Alamelu ... 1st Respondent / Petitioner 2.Dhanabal ... 2nd respondent / 1st respondent

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PRAYER :-

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This Civil Miscellaneous Appeal is filed under Section 30 of the Employees Compensation Act, 1923, to set aside the award made in E.C.No. 52 of 2019 dated 11.03.2021 on the file of the Deputy Commissioner of Labour, Trichy and to remand back the case for fresh trial by letting in the Appellant's evidence.

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https://www.mhc.tn.gov.in/judis

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C.M.A(MD)No.862 of 2021

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For Appellant : Mr.D.Boopal For R1 : Mr.M.Arumugam For R2 : No appearance

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JUDGMENT

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This Civil Miscellaneous Appeal is filed to set aside the award made in E.C.No.52 of 2019 dated 11.03.2021 on the file of the Deputy Commissioner

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of Labour, Trichy and to remand back the case for fresh trial by letting in the Appellant's evidence.

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Learned counsel for the appellant would submit that the matter may be remanded back to the trial Court, so that he can examine the official to prove the policy. For which, the respondent has no objection.

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In view of above submission, the case in E.C.No.52 of 2019 is remitted back to the trial Court for fresh consideration. Opportunity is granted to both parties to lead additional evidence. The Tribunal is directed to dispose of the same within a period of two months from the date of appearance of the parties.

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https://www.mhc.tn.gov.in/judis

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C.M.A(MD)No.862 of 2021

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Accordingly, this Civil Miscellaneous Appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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26.04.2024

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NCC: Yes / No Index: Yes / No Internet : Yes / No pnn

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To 1.The Deputy Commissioner of Labour, Trichy. 2.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis

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C.M.A(MD)No.862 of 2021

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G.ILANGOVAN, J.

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pnn

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C.M.A(MD)No.862 of 2021 and C.M.P(MD)No.8069 of 2021

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26.04.2024

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https://www.mhc.tn.gov.in/judis

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The Branch Manager, v. Alamelu

Case brief

What is this about?

What did the court decide?

The Branch Manager, v. Alamelu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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