The Oriental Insurance Company ... vs Anusaya Panda And 2 Ors
2023 Latest Caselaw 2317 Gua

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GAHC010246732022




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

                            Case No. : MFA/33/2023

         THE ORIENTAL INSURANCE COMPANY LTD
         A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956. REP. BY ITS
         REGIONAL MANAGER, ULUBARI, GUWAHATI- 7.



         VERSUS

         ANUSAYA PANDA AND 2 ORS.
         W/O SURYAMANI PANDA, PERMANENT RESIDENTS OF- HOUSE NO. 98,
         VILL.- BAULAPAL, P.O.- BHATAPADA, P.S.- TIHIDI, DIST.- BHADRAK,
         ORISSA. PRESENTLY RESIDING AT- C/O PANKAJ PANDEY, SHREE SAIJI
         ROLLING MILLS, GAURIPUR, NORTH GUWAHATI, DIST.- KAMRUP, ASSAM.

         2:SURYAMANI PANDA
          S/O LATE KULAMANI PANDA

         PERMANENT RESIDENTS OF- HOUSE NO. 98
         VILL.- BAULAPAL

         P.O.- BHATAPADA

         P.S.- TIHIDI

         DIST.- BHADRAK
         ORISSA.
         PRESENTLY RESIDING AT-
         C/O PANKAJ PANDEY
         SHREE SAIJI ROLLING MILLS

         GAURIPUR
         NORTH GUWAHATI

         DIST.- KAMRUP
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             ASSAM.

             3:SHREE SAIJI ROLLING MILLS
              REP. BY ITS PROPRIETOR
              GAURIPUR

             P.S.- KAMALPUR
              GUWAHATI
              DIST.- KAMRUP
             ASSAM

Advocate for the Petitioner   : MR. S K GOSWAMI

Advocate for the Respondent :




                                   BEFORE
                    HONOURABLE MRS. JUSTICE MITALI THAKURIA

                                         ORDER

02.06.2023

Heard Mr. S. K. Goswami, learned counsel for the appellant.

This appeal is filed under Section 30 of the Employee's Compensation Act, 1923, against the judgment and award dated 11.07.2022, passed by the Commissioner, Employees Compensation, Kamrup at Guwahati in W.C. Case No.123/2012.

Upon hearing the learned counsel for the appellant, this appeal is admitted in the following Substantial Questions of Law:-

"1. Whether monthly wages of a workmen can be considered at Rs.11,000/-(Rupees Eleven thousand) only for assessment of compensation contrary to the maximum monthly wages fixed by the Central Government, as per provisions of the Employees Compensation Act, 1923 i.e. the notification dated 13th day of May, 2010 issued by the Ministry of Labour and Employment Page No.# 3/3

amending the Section 4(1) (b) of The Workmen's Compensation Act, 1923?

2. Whether the claimants are entitled for the compensation as per provision of the Employees compensation Act, 1923 applicable on the date of accident and whether The Employees Compensation Act has retrospective effect?"

Any other substantial question of law, those may be formulated at the time of hearing.

Issue notice to the respondent, returnable within 6(six) weeks.

The learned counsel for the appellant shall take steps for service of notice upon respondents by registered post with A/D as well as through usual process, within 3 (three) days.

Call for the LCR.

List the matter after 6 (six) weeks on a dated to be fixed by the Registry.

JUDGE

Comparing Assistant