THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
CIVIL MISCELLANEOUS APPEAL No.108 of 2020
JUDGMENT:
This appeal is filed by the Assistant Engineer, T.S. Central Power Distribution Corporation Ltd., challenging the order dated 08.11.2018 passed by the Commissioner for Employees' Compensation, in E.C.No.18 of 2018 (F).
Heard Sri R. Vinod Reddy, learned counsel for the appellant, and the learned counsel for the respondents/claimants.
A perusal of the order dated 08.11.2018 in E.C.No.18 of 2018 impugned in this appeal would disclose that except the FIR, there is no other material brought on record by the claimants to establish the connection of the deceased with the appellant institution, which is a pre- requisite for entertaining an application under the Workmen's Act for the purpose of awarding compensation.
Considering the submission of the respondents' counsel that there is material which could be placed before the authority, and further considering the fact that the compensation amount has already been deposited before the Commissioner, the matter is remanded back to the Commissioner, to enable the respective parties to lead evidence, if any, with respect to their respective contentions. Liberty is given to the appellant to file counter affidavit/reply before the Commissioner.
Further, it is the negligence on the part of the appellant authorities in not placing the evidence with respect to their contention which has resulted in passing of the impugned order by the Commissioner against which the present appeal has been filed.
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In that view of the matter, the appeal is allowed subject to the condition of the appellant depositing costs of Rs.25,000/- payable to the 1st respondent who is the wife of the deceased workman, and the matter is remanded back to the Commissioner for fresh disposal, in accordance with law, by affording opportunity to both the parties to lead evidence in respect of their respective contentions. Miscellaneous applications, if any pending, shall also stand closed.
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CHALLA KODANDA RAM, J
31st March, 2021
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THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL MISCELLANEOUS APPEAL No.108 of 2020 31st March, 2021 ksm