The Oriental Insurance Co. Ltd vs Must. Anowara Khatoon And Anr
2021 Latest Caselaw 2310 Gua

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GAHC010253332019




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

                                  Case No. : MFA/240/2019

            THE ORIENTAL INSURANCE CO. LTD.
            - A CENTRAL GOVT. UNDERTAKING HAVING ITS REGIONAL OFICE AT
            GUWAHATI, ULUBARI, GUWAHATI 781007 REPRESENTED BY THE
            MANAGER, GAUHATI REIGONAL OFFICE, ULUBARI, GUWAHATI 781005



            VERSUS

            MUST. ANOWARA KHATOON and ANR,
            W/O NUR MAHAMMAD, VILL. TELIACHAPORI, P.O. and P.S. RUPAHIHAT,
            DIST. NAGAON, ASSAM



Advocate for the Petitioner   : MS R D MAZUMDAR

Advocate for the Respondent : MS. M TALUKDAR




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA



                                            ORDER

24.09.2021

Heard Ms. R.D. Mozumdar, learned counsel appearing for the appellant as well as Ms. R. Choudhury, learned counsel representing the respondent no. 3. None appears for the respondent nos. 1 and 2. The appeal stands admitted for Hearing upon the following 3 (three) substantial Page No.# 2/2

questions of law:

1. Whether, when employee employer relationship is not proved, compensation under Section 3 of the Employees Compensation Act, 1923 can be passed?

2. Whether the learned court had jurisdiction to pass the judgment in the case without sending any notice under Section 10 of the W.C. Act, 1923 by ignoring the provisions as laid down in the Act?

3. Whether the whole purpose of Section 10 of the W.C. Act, 1923, regarding notice to employer is defeated by fixing the liability on the appellant at the first instance?

The appellant is at liberty to raise any other substantial questions of law at the time of hearing.

Call for the LCR.

List the matter after receipt of the LCR.

JUDGE

Comparing Assistant