Dukenhengra Tea Private Limited vs Susmita Urang
2021 Latest Caselaw 1537 Gua

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GAHC010010122021




                               THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : I.A.(Civil)/142/2021

             DUKENHENGRA TEA PRIVATE LIMITED
             23/24 RADHA BAZAR STREET, KOLKATA- 700001, WEST BENGAL, REP. BY
             ITS VISITING ADVISER, PRAFULLA KALITA, DUKENHENGRA TEA ESTATE,
             P.O. BORJAN, DIST.- GOLAGHAT, ASSAM, PIN- 785625.

             VERSUS

             SUSMITA URANG
             D/O. LATE BIPUL URANG, R/O. DUKENHENGRA TEA ESTATE, P.O. BORJAN,
             DIST. GOLAGHAT, ASSAM, PIN- 785625.

Advocate for the Petitioner : MR. M DUTTA
Advocate for the Respondent :

                                              BEFORE
                     HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
                                      ORDER

28.04.2021 By way of filing this application under Order XLI, Rule 5, read with Section 151 of the CPC, 1908, the petitioner/appellant has prayed for stay of operation of the impugned judgment and order dated 31.10.2020, passed in EC Case No. 26/2013, by the learned Commissioner under Employees' Compensation Act, Golaghat.

Attention has been drawn that the petitioner/appellant in the main case has specifically pleaded that the Commissioner has no power to review his own order.

I have gone through the documents on record, including the impugned order.

Learned counsel for the petitioner/appellant has referred to the decision rendered in the case of Golijan Nesha -Vs- Gammon India Ltd.; reported in 2005 (3) GLT 390, wherein, it has been held that Page No.# 2/2

the Commissioner has no power to review his own order.

At the time of filing the appeal, such petition was not filed. However, considering all entirety of the matter, till disposal of the appeal, the execution of the order dated 31.10.2020, passed in EC Case No. 26/2013, by the learned Commissioner under Employees' Compensation Act, Golaghat, is hereby stayed.

Let the petition be tagged along with the main appeal.

Interlocutory Application stands disposed of.

JUDGE

Comparing Assistant