The Assistant Engineer vs Smt. Devi Bai
2021 Latest Caselaw 1035 Tel

        THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

          CIVIL MISCELLANEOUS APPEAL No.108 of 2020


JUDGMENT:

This appeal is filed by the Assistant Engineer, T.S. Central Power

Distribution Corporation Ltd., challenging the order dated 08.11.2018

passed by the Commissioner for Employees' Compensation, in E.C.No.18

of 2018 (F).

Heard Sri R. Vinod Reddy, learned counsel for the appellant, and

the learned counsel for the respondents/claimants.

A perusal of the order dated 08.11.2018 in E.C.No.18 of 2018

impugned in this appeal would disclose that except the FIR, there is no

other material brought on record by the claimants to establish the

connection of the deceased with the appellant institution, which is a pre-

requisite for entertaining an application under the Workmen's Act for the

purpose of awarding compensation.

Considering the submission of the respondents' counsel that there

is material which could be placed before the authority, and further

considering the fact that the compensation amount has already been

deposited before the Commissioner, the matter is remanded back to the

Commissioner, to enable the respective parties to lead evidence, if any,

with respect to their respective contentions. Liberty is given to the

appellant to file counter affidavit/reply before the Commissioner.

Further, it is the negligence on the part of the appellant authorities

in not placing the evidence with respect to their contention which has

resulted in passing of the impugned order by the Commissioner against

which the present appeal has been filed.

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                                                                      CKR, J

In that view of the matter, the appeal is allowed subject to the

condition of the appellant depositing costs of Rs.25,000/- payable to the

1st respondent who is the wife of the deceased workman, and the matter

is remanded back to the Commissioner for fresh disposal, in accordance

with law, by affording opportunity to both the parties to lead evidence in

respect of their respective contentions. Miscellaneous applications, if any

pending, shall also stand closed.

                                             ____________________
                                             CHALLA KODANDA RAM, J
31st March, 2021

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                                                         CKR, J

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

CIVIL MISCELLANEOUS APPEAL No.108 of 2020

31st March, 2021

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