Citation : 2021 Latest Caselaw 217 j&K
Judgement Date : 2 March, 2021
Sr. No. 205 & 206
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
CM(442/2020)
CM(445/2020)
in
MA 9900006/2015
Zahoora Begum and others
....Applicant (s)
Through:- Mr. Qamar Zaman Qureshi, Advocate
v/s
Union of India
.... Non-Applicant/Respondent(s)
Through:- Mr. Vishal Sharma, ASGI
Coram: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
1. Through the medium of instant application being CM(442/2020),
applicant -Zahoora Begum seeks correction in the name of respondent No. 2
being her minor son having been impleaded along with the applicant as party
respondent in an appeal being MA No. 9900006/2015 filed by the Union of
India against an award passed by the Assistant Labour Commissioner,
Ramban dated 09.07.2014 under Workmen Compensation Act, 1923.
2. It is being contended in the application that the appeal (supra)
stands disposed of by this Court vide judgment dated 15.05.2018. It is being
stated that instead of actual name of respondent No. 2 his nick name 'Sahil'
came to be recorded in the proceedings instead of his actual name i.e., Adnan
Latief. It is contended that the nick name of respondent No. 2 also got
recorded in the judgment of this Court passed in appeal (supra) dated
15.05.2018.
3. It is being contended that upon disposal of the aforesaid appeal
(supra) award amount came to be released in favour of the claimants including
the above named minor son by way of cheques issued from the office of
Registrar Judicial of this Court, wherein one of the cheque is issued in the
name of respondent No. 2 as 'Sahil' instead of his actual name. Applicant
herein has placed on record the School Leaving Certificate as also Adhar Card
of respondent No. 2-minor wherein his actual name is recorded as Adnan
Latief.
4. Learned counsel for the applicant herein through the medium of
another application being CM(445/2020) also prays for allowing of the
applications inasmuch as, directing the Registry to incorporate the actual
name of respondent No. 2 in the judgment passed by this Court dated
15.05.2018 as also consequently issuance of a fresh cheque in the name of
respondent No. 2 upon surrendering the actual cheque before the Registrar
Judicial of this Court.
5. Mr. Vishal Sharma, learned ASGI appearing counsel for the
Union of India expresses no serious objection to the prayer made by learned
counsel for the respondent/applicant herein.
6. Having regard to the contents of the application coupled with the
submissions made by learned counsel for the parties, applications are allowed
and Registry is directed to make necessary correction in the record by
incorporating the name of respondents No 2 as 'Adnan Latief' instead of
'Sahil' as prayed for in the application. Thereafter, Registry to issue a fresh
cheque in favour of respondent No. 2-Adnan Latief through applicant-
Zohoora Begum his mother after cancelling the earlier cheque stated to be
annexed with the instant application.
7. Both the applications are disposed of.
(JAVED IQBAL WANI) JUDG Jammu 02.03.2021 Bir
BIR BAHADUR SINGH 2021.03.05 12:36 I attest to the accuracy and integrity of this document
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