On The Last Date Of Hearing vs Post Admission Notice. M/S ...
2021 Latest Caselaw 300 HP

FAO No. 181 of 2020

06.01.2021 Present: Mr. Virender Sharma, Advocate, for appellant/applicant.

.

Mr. Pavinder Kumar, Advocate, for respondents

No. 1 to 4.

Mr. Parshant Sharma, Advocate, for respondent No. 5.

Through Video Conferencing

FAO No. 181 of 2020

On the last date of hearing, this Court had called

upon learned counsel for the appellant to satisfy the

maintainability of this appeal, as the appeal was filed without

deposit of the Award amount, in terms of the Employee's

Compensation Act. Learned counsel for the appellant has

drawn the attention of this Court to the judgment passed by

the Hon'ble High Court of Rajasthan in Oriental Insurance

Co. Ltd. Vs. Smt. Badami Devi and others, 2013 (1) T.A.C.

271 (Raj.), wherein, by relying upon the judgment of the

Supreme Court in Satheedevi Vs. Prasanna and another,

AIR 2010 Supreme Court 2777, the Hon'ble High Court has

been pleased to hold that the condition contained in the Act

vis­a­vis employer has to be read only qua the employer and it

cannot be construed to include the insurer also. In this view of

the matter, this appeal is held to be maintainable.

Admit on the following substantial question

of law:

"Whether the findings returned by the Commissioner under the Employee's Compensation Act, 1923, Arki, District Solan that there exists the relationship of

.

employer and employee between the purported employer and the deceased employee are perverse findings, which

are contrary to the record?

Post admission notice. M/s Pavinder Kumar

and Parshant Sharma, learned counsel, accept post admission

notice on behalf of respondents No. 1 to 4 and 5, respectively.

List in due course.

CMP No. 8574 of 2020

This application is disposed of with the

direction that in the event of the appellant/applicant

depositing the entire award amount with up to date interest

with the Registry of this Court, within a period of eight weeks

from today, the execution of the impugned Award under

challenge shall remain stayed.

Copy dasti.

(Ajay Mohan Goel) Judge January 06, 2021 (bhupender)