V.B.GUPTA
D. S. Constructions Ltd. – Appellant
Versus
Raj Kali Devi – Respondent
V.B.Gupta, J. By way of this appeal, appellant is challenging order dated 29th December, 2006, passed by Commissioner, Workmens Compensation (for short as „Commissioner). Vide impugned order, claim for compensation filed by respondent was allowed.
2. Following substantial question of law has been formulated in this case; “Whether the order passed by the learned Commissioner is without jurisdiction in view of the fact that respondent is governed by the contract and was working in Libya and Indian laws are not applicable in the case of deceased/Emigrants or in view of Article 12(6) of the Emigration Act, 1983 or in terms of Clause 12 of the Contract?”
3. Before dealing with the question of law, it would be fruitful to narrate brief facts which are; that respondents husband was working with appellant on the post of Mason and drawing salary of Rs.5,000/- per month. On 05/08/2000, during and in the course of employment at the site in Libya, her husband met with an accident and died. Appellant assured her to grant compensation, on receiving the amount of compensation from Libyan Authority from the Social Scheme, which was as per rule of Libyan Government. But appel
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