Gujarat State Warehousing ... vs Rahimabai Siddik Rayma
2021 Latest Caselaw 2313 Guj

        C/FA/566/2021                                   ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/FIRST APPEAL NO. 566 of 2021
                            With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
              In R/FIRST APPEAL NO. 566 of 2021
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           GUJARAT STATE WAREHOUSING CORPORATION
                            Versus
             RAHIMABAI SIDDIK RAYMA & 1 other(s)
==========================================================
Appearance:
MR PJ KANABAR(1416) for the Appellant(s) No. 1
 for the Defendant(s) No. 1,2,3,4
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                          Date : 12/02/2021

                             ORAL ORDER

ORDER IN FIRST APPEAL

Heard Mr. P.J. Kanabar, learned advocate for the appellant.

Appeal is admitted considering the following substantial questions of law:

"(a) Whether in view of the admission sole witness of the applicants Rahimaben Rayma Sidiq, recorded @Exh.12 that there is no agreement to her knowledge between her husband and the opponent institution to substantiate that the deceased was the workman in the Corporation, was it just and proper to fasten monetary liability of the Corporation in the matter?

(b) Is it anyway legal and proper to hold that the applicants have established the relationship of Employee Employer between deceased Rayma Sidiq?

               C/FA/566/2021                                       ORDER



       (c)    Whether in the facts and the circumstances

of the case and in particular in absence of any evidence establishing the relationship of workman and master is it legal and proper to hold the Corporation liable to pay compensation under the Employees Compensation Act, 1923?

(d) Whether the learned Commissioner for Workmen and Labour Court, Gandhidham, has properly read and appreciated the pleadings and the evidences on record and the passing of the impugned judgment and order is justified?"

ORDER IN CIVIL APPLICATION

Rule returnable on 09.04.2021.

Mr. P.J. Kanabar, learned advocate for the applicant states that the entire amount as determined by the Commissioner, Labour Court is deposited by the applicant before the Court concerned.

In view of the above, the operation, implementation and execution of the impugned judgment and order dated 03.12.2020 passed by the Commissioner W.C. Act and Labour Court, Gandhidham, Kachchh in Workman Fatal Case No.10 of 2019 is hereby stayed till the returnable date.

(VAIBHAVI D. NANAVATI,J)

NEHA