M/S.Tantia Construction Ltd. And vs Commissioner For Employees
2021 Latest Caselaw 11791 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     FAO No.127 of 2021
                 M/s.Tantia Construction Ltd. and
                 Another                                 ....         Appellants
                     Mr. D. P. Nanda, Sr. Advocate with Advocate Mr. S.N. Rath
                                          -versus-
                 Commissioner for Employees
                 Compensation-cum-Joint Labour
                 Commissioner, Cuttack and Others        ....       Respondents
                           Mr. Lalit Mohan Nanda, counsel for Respondent No.2
                               Mr. Debasis Nayak, counsel for Respondent No.3
                                    Mr. G.P. Dutta, counsel for Respondent No.4

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

16.11.2021 Order No.

07. 1. Heard Mr. D.P. Nanda, learned Senior Advocate along with Advocate Mr. S.N. Rath for the Appellant, Mr. L.M. Nanda, learned counsel for Respondent No.2, Mr. D. Nayak, learned counsel for Respondent No.3 and Mr. G.P. Dutta, learned counsel for Respondent No.4.

2. Mr. Nanda, learned Senior Counsel by referring to the orders dated 23rd March, 2020, 19th April, 2021 and 23rd April, 2021 of the learned Commissioner submits that after the case was adjourned on account of insurgence of COVID-19, all of sudden the case was taken up on 19th April, 2021 at the instance of the claimant without giving any intimation to the Respondents to participate in the proceeding. Therefore, from order dated 23rd April, 2021 it is clear that the Respondents were not heard in the matter and the judgment was pronounced without hearing them.

3. Mr. G.P. Dutta, learned counsel appearing for the insurer also submits that he may be given an opportunity of hearing in the matter.

3. Having considered the submissions, it is felt necessary to send back the matter to the Commissioner for fresh disposal after giving opportunity of hearing to each of the Respondents.

4. Accordingly, the impugned judgement is set aside and the matter is remanded back to the Commissioner for Employees Compensation-cum-Joint-Labour Commissioner, Cuttack in E.C. Case No.106-D of 2018 for fresh disposal. All the parties are directed to appear before the learned Commissioner on 2nd December, 2021 and the learned Commissioner shall accordingly proceed with the matter from the stage it is left by order dated 23rd March, 2020. It is open for the insurer - Respondent No.4 to take appropriate steps for its participation in the proceeding which shall be considered in accordance with law by the learned Commissioner.

5. With the aforesaid observations the appeal is disposed of.

6. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda