Sunil Dutta Mishra, J.—

In Re :- I. A. No.8790 of 2015

Having heard learned counsel for the parties and having considered the averments made in the application, the I.A. No.8790 of 2015 (Limitation Petition) is allowed and delay in filing the present Miscellaneous Appeal is condoned.

Re :- Miscellaneous Appeal No.414 of 2015

2. Heard learned counsel for the appellant and the learned counsel for the respondent nos.1 & 2.

3. This Miscellaneous Appeal has been filed by The Employees State Insurance Corporation Through The Regional Deputy Director (hereinafter referred as 'Insurance Corporation') under Section 30(1) (a) of the Employees’ Compensation Act, 1923, (hereinafter referred as the “Act”) being aggrieved by the order dated 11.03.2015 passed by the learned Deputy Labour Commissioner-cum-Commissioner Workmen's Compensation, Magadh Division, Gaya, (hereinafter referred to as 'the Commissioner') in CWC Case No. 30 of 2006 by which he passed the order against the Insurance Corporation/appellant to deposit Rs.6,45,840/-. The Insurance Corporation/appellant has been directed to deposit the said amount within 30 days from the date of order and in case the said amount of compensation if not deposited within the stipulated period, then The Insurance Corporation/appellant under Section 4A of the Workmen's Compensation Act, 1923 shall be liable to pay an interest @ 12% per annum from due date till its realization.

4. The case of the claimants (respondent nos.1 & 2) in brief is that Late Sunil Kumar was working as a line supervisor of M/s. Richa & Company (respondent no.3), during his employment tenure he fell ill and was admitted to Ishan Hospital, Dundahera, Gurgaon. From where he was referred to Sadar Hospital for better treatment where he died during treatment on same day. The date of birth of the deceased was 12.03.1979 i.e., 26 years when he died due to illness during work therefore, he is entitled to get compensation.

5. Defendant No. 1/respondent No.3, M/s Richa and Company filed its written statement/reply on behalf of the Management M/s Richa & Company and raised the preliminary objections that deceased workman Shri Sunil Kumar was covered under the ESI Act and is only entitle to benefits from ESI Corporation (appellant) and not from the Management of Company, respondent no.3 and claim filed under the provisions of Workmen’s Compensation Act, 1923 is wholly untenable and is not maintainable. The Commissioner has no territorial jurisdiction to entertain the claim application.

6. It was further stated therein that the deceased workman Shri Sunil Kumar was engaged in the probationary employment of the replying Management of Company w.e.f. 01.02.2005 and worked till 10.05.2005 and thereafter left the employment w.e.f. 11.05.2005 unauthorized and abandoned his job of his own and never informed about his illness. The Management of Company came to know about death of Late Sunil Kumar on receiving demand notice of applicants/ claimants dated 01.08.2005 wherein it was requested for payment of earned wages, provident fund, bonus etc. As full and final settlement, the Management paid the dues amount totaling Rs.2,891/-.

7. The Insurance Corporation/ appellant not appeared before the Commissioner, accordingly ex-parte hearing against Insurance Corporation was proceeded in this case.

8. In support of claim petition claimants have examined Shri Nivas Singh and Mahendra Singh, and in their evidence they have fully supported the claim. The documentary evidence was also produced during the hearing of the claim case i.e., Identity card of M/s Richa & Company, the identity card issued by the Insurance Corporation and the Salary Slip.

9. From perusal of record, it appears that the learned Commissioner vide order dated 01.03.2011 on considering the claim petition and evidence of witnesses and documents on record held that deceased Sunil Kumar @ Sunil was an employee of respondent M/s. Richa and Company, Gurgaon whose ESI, Gurgaon card was made. Accordingly,