Remanded

Oriental Insurance Company Beg v. the State of Bihar and Ors.

Patna HC26 Jul 2013CWJC/3415/2009

Case brief

AI extract

What is this about?

Petitioners challenged a Workmen's Compensation adjudication for alleged failure to issue mandatory notices to the Central Government and the local Workmen's Compensation Commissioner as required by law. The court allowed the writ application and remanded the matter for compliance with the statutory mandate before proceeding.

What did the court decide?

The writ application is allowed; the matter is remanded to the Workmen's Compensation Commissioner, Munger Division, to issue notices to the Central Government and the Workmen's Compensation Commissio

Oriental Insurance Company Beg Vs the State of… — Pension and Retirement Benefits | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3415 of 2009

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Oriental Insurance Company Begusarai 2. Oriental Insurance Company, Birbil Orissa Both through its Regional Manager and duly Constituted Attorney Sri B. Mallick Oriental Insurance Company Limited, Regional Office Pir Mohani Kadam Kuan, Patna – 800 001.

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.... .... Petitioner/s

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Versus

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The State Of Bihar through the Chief secretary, Bihar, Patna 2. Dy. Labour Commissioner Cum Commissioner Workmen’s Compensation Munger Divisiona, Begusarai

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Adul Devi, Mother of Late Raghubir Das, Resident of Village-Rampur, P.O. & P.S. – Maithani District – Begusarai

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M/s Shree Metallic Ltd. Lothra Para Raghudih, P.S. – Barbil District – Kyojhar, Orissa

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M/s Ashbir Singh, Quarter No. 55/2/1 at and P.O. Chotta Govindpur, Jamdhepur, Jharkhand

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.... .... Respondent/s

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Appearance :

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For the Petitioner/s : Mr. Ashok Priyadarshi For the Respondent/s : Mr. (Sc5)

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====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL ORDER

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The short question raised in the present writ application is whether the adjudication made by the Workmen Compensation Commissioner is required to be set aside on a limited ground that the Workmen Compensation Commissioner has failed to carry out the mandate and requirement of law, as laid down in C.W.J.C. No. 6104 of 2003 (Docsuns Services Pvt. Ltd. & Anr. Versus The State of Bihar & Ors.) , decided on 24.07.2013.

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03. 26.07.2013

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It is the stand of the petitioner that in terms of the said rule and requirement, no notice either to the Central Government or to the Workmen Compensation

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Patna High Court CWJC No.3415 of 2009 (3) dt.26-07-2013 2/2

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Commissioner, within whose jurisdiction the accident took place, was ever issued, since by way of an amendment recently brought about the claimants, can maintain an application for compensation in a place where they ordinarily reside, if the workmen died in an accident but that is coupled with a requirement of law of issuance of notice to the Central Government as well as the local Workmen Compensation Commissioner within whose jurisdiction the death had taken place.

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If the mandate of the law in terms of the Act has not been carried out, then the impugned order contained in Annexure-1 is required to be quashed. However, the matter is remanded back to the Workmen’s Compensation Commissioner, Munger Division, Begusarai that after following the requirements of law and issuance of notice to the Central Government as well as the Workmen Compensation Commissioner under whose jurisdiction the accident had taken place he can proceed with the matter afresh.

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Writ application is allowed with above direction / observation.

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(Ajay Kumar Tripathi, J.)

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SKM/-

Oriental Insurance Company Beg v. the State of Bihar and Ors.

Case brief

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Oriental Insurance Company Beg v. the State of Bihar and Ors.

Case brief

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