AO/347/2025
2025 Latest Caselaw 4937 UK

Uttarakhand High Court

AO/347/2025 on 16 October, 2025

                Office Notes,
             reports, orders or
              proceedings or
No.   Date                                      COURT'S OR JUDGES'S ORDERS
               directions and
             Registrar's order
              with Signatures
                                  AO No. 347 of 2025
                                  Hon'ble Alok Mahra, J.

Mr. Siddhartha Sah, learned counsel for the appellant.

2. Heard.

3. Admit the present Appeal on the following substantial question of law:-

"(a) Whether the learned Employee's Compensation Commissioner erred in holding that the deceased Manohar Singh was

(vehicle owner) although it was evident that he was the real brother of the Vehicle Owner?

(b) Whether in the absence of an employee-employer relationship did the Learned Employee's Compensation Commissioner/Chief Judicial Magistrate, Tehri Garhwal have the jurisdiction to entertain and decide the claim petition under Employee's Compensation Act, 1923?"

4. Issue notices to the respondents, returnable within four weeks.

5. Steps to be taken within a week.

6. List this matter after service report is received.

7. Also heard on the Stay Application (IA No. 1 of 2025).

8. Learned counsel for the appellant has submitted that execution of proceedings is going on and the entire awarded amount has already been deposited before the Employees Compensation Commissioner/ CJM, Tehri Garhwal.

9. Having considered the submission of learned counsel for the appellant, it is directed that since the appellant has deposited the entire awarded amount with the concerned court, the effect and operation of the impugned judgment and award dated 30.07.2025 passed by the Court of Employees' Compensation Commissioner/CJM, Tehri Garhwal in ECA Case No. 01 of 2024, shall remain stayed. (Stay application is disposed of).

(Alok Mahra J.) 16.10.2025 Ujjwal