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2013 Supreme(Gau) 604

TINLIANTHANG VAIPHEI
Power Grid Corporation of India Ltd. – Appellant
Versus
Assistant Labour Commissioner cum Commissioner – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Mr. S.K. Medhi, Ms. N. Medhi and Mr. R.K. Bharali, Advocates
For Respondents/Defendant: Ms. Dr. P. Chakraborty

JUDGMENT

Tinlianthang Vaiphei, J.

1. This writ petition is directed against the order dated 5-7-2005 passed by the Assistant Commissioner-cum-Commission under the Workmen's Compensation Act rejecting the preliminary objection of the petitioner against W.C. Case No. 86/2002 filed by the respondent No. 5 claiming compensation in a representative capacity on the ground of res judicata. Before proceeding further, the brief facts of the case may be noticed. The respondent No. 5, as a claimant, had filed an application before the Assisting Labour Commissioner-cum-Commissioner ("the Commissioner" for short) under the Workmen's Compensation Act, 1923 ("the Act") alleging that her husband, the late Sirajuddin, was employed by the petitioner-Corporation as daily labour and had died due to electrocution while clearing the jungle on 6-11-1997 and that her husband was at that time working under the supervision of one Shri Nurul Huda Laskar, an Engineer of the petitioner-Corporation. An FIR was lodged to that effect and was registered as Lakhipur P.S. Case No. UD Case No. 16/97. According to respondent No. 5, she had two minor children and was five months pregnant at the time of the death of her h











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