Allowed

Docsuns Services Pvt.Ltd.and Anr. v. the State of Bihar and Ors.

Patna HC24 Jul 2013CWJC/6104/2003

Case brief

AI extract

What is this about?

High Court quashed impugned order for failure to issue mandatory notices to Central Government and local Commissioner under Workmen's Compensation (Venue of Proceedings) Rules, 1996, remitting matter for re-adjudication.

What did the court decide?

Impugned order dated 31.3.2003 quashed; matter remitted to Workmen's Compensation Commissioner, Patna for re-adjudication after issuing mandatory notices.

Docsuns Services Pvt.Ltd.and Anr. Vs the State of Bihar and Ors. — Patna HC (2013) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.6104 of 2003

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Docsuns Services Pvt.Ltd. (A Company registered under the Indian Companies Act), having its registered office at 105, “ANIMESH’, C G Road, Ellis Bridge, Ahmadabad – 380 006, through its Director Jahanbax Jal Doctor.

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Mr. Jahanbax Jal Doctor, Director, Docsuns Services Pvt. Ltd, 105, “ANIMESH’ C G Road, Ellis Bridge, Ahmadabad – 380 006.

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.... .... Petitioner/s Versus

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The State of Bihar.

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Deputy Commissioner of Labour cum Workmen’s Compensation Commissioner, Patna Division, Patna.

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Smt. Buchi Devi wife of late Bhola Singh.

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Tun Tun

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Dhun Mun

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Chandan All sons of late Bhola Singh, through their guardian and mother Smt. Buchi Devi, wife of Late Bhola Singh and all residents of village : Dulhin Ganj, P S Jagdishpur, P O – Saneya Brahatta, District – Bhojpur, Bihar.

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The Chairman, Rajkot Municipal Corporation, Dr. Ambedkar Bhawan, Dhebarbhai Road, Rajkot – 360 001.

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.... .... Respondent/s

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====================================================== Appearance :

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For the Petitioner/s : M/S. Madhuresh Prasad, Shyameshwar Kumar Singh and Abhay Shankar. For the State : Mr. D K Sinha, Sr. Advocate For the private respondent : Ms. Rajani Kumari For the Municipal Corporation: Mr. Abhinav Shrivastava

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

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15 24-07-2013 Submission of learned counsel for the petitioners does

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merit consideration on one aspect of the matter. So far as maintainability of a proceeding by the dependents who ordinarily reside here cannot be disputed now in view of the subsequent amendment brought about in section 21(1) (b) w.e.f. 18.1.2010 to the Workmen Compensation Act. However, the obligation of the Commissioner entertaining

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Patna High Court CWJC No.6104 of 2003 (15) dt.24-07-2013

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an application to issue notice to the Central Government as well as the Commissioner in whose jurisdiction the accident took place, is an integral part to that section. The notice has to be issued under the Workmen’s Compensation (Venue of Proceedings) Rules, 1996.

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Admittedly after having perused the original record neither any notice to the Central Government in terms of Rule 1996 or to the Commissioner, Workmen Compensation where the accident took place was given by the local Commissioner.

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In view of the above, the impugned order contained in Annexure-3 dated 31.3.2003 is hereby quashed but the matter is remitted back to the Workmen’s Compensation Commissioner, Patna for re-adjudication after following the requirement of notice both upon the Central Government as well as the Commissioner, Workmen Compensation where the accident of the workman had taken place.

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Since it is an old matter the Court expects the Workmen Compensation Commissioner, Patna to expedite the matter with due co-operation of one and all.

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Writ application is allowed.

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The original records would be sent back to the

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Patna High Court CWJC No.6104 of 2003 (15) dt.24-07-2013

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concerned Workmen’s Compensation Court forthwith by

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the office without any delay.

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(Ajay Kumar Tripathi, J)

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R.K.Pathak/-

Docsuns Services Pvt.Ltd.and Anr. v. the State of Bihar and Ors.

Case brief

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Docsuns Services Pvt.Ltd.and Anr. v. the State of Bihar and Ors.

Case brief

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