JUDGMENT :

Heard Mr. S Chamaria, learned counsel for the petitioner. Also heard Mr. S Chakraborty, learned amicus curiae for the respondents.

2. The present petition has been filed challenging the proceeding initiated by the learned Commissioner, Employees Compensation Claims Tribunal, Dhubri in E.C. case No. 02/2019 by issuing on notice dated 09.05.2017. By the said notice, the petitioner/ proprietor of the petitioner has been asked to show cause as to why the amount claimed by the respondent as compensation for the death caused to employed husband of the petitioner shall not be paid.

3. Though notices were issued in the present prosecution, however, the claimant i.e. the wife of the deceased has not appeared before this court. In that view of the matter, this court requested Mr. S Chakraborty, learned counsel to assist the court, who has readily accepted such request. Accordingly, Mr. Chakraborty has advanced his argument on behalf of the said respondent.

4. The background fact as discernible from the annexure 8, which is the petition filed for compensation under the provision of Employees Compensation Act, 1923 by the respondent No. 2 are as follows:

(I) The respondent No. 2 is the w