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2011 Supreme(J&K) 374

MUZAFFAR HUSSAIN ATTAR
Divisional Manager, J&K SFC, Division, Doda – Appellant
Versus
Noor Din & Anr – Respondent


Advocates Appeared:
Mr. Vipen Gandotra, Advocate for Petitioners.
Mr. A. A. Hamal, Advocate for Respondents.

1. Award dated 30-12-2008 passed by the Commissioner under Workmen's Compensation Act (Assistant Labour Commissioner) Kishtwar, is called in question in this appeal. The authority has passed the award in the amount of Rs. 42.100/- as also interest for an amount of Rs. 11.100/-.

2. Heard learned counsel for the par#31;ties. Considered the matter.

3. Learned counsel for the appellant, after inviting attention of the court to the impugned award, submitted that it does not constitute a judgment in law. Learned counsel made a specific refer#31;ence to Rule 32 of the Workmen Com#31;pensation Rules, 1924 and submitted that neither the evidence has been re#31;ferred nor discussed and even no rea#31;son is recorded for passing of the award. Learned counsel further submitted that the matter be remanded to the author#31;ity with the direction that he will pass the award on the available material in accordance with law, more particularly with reference to Rule 32 of the aforemen#31;tioned Rules.

4. Confronted with the situation afore#31;mentioned, learned counsel for respon#31;dents in his fairness submitted that the matter be remanded to the authority and he be directed to pass an award on the a




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