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SANJAY DHAR
Mohammad Afzal Bhat – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
Sanjay Dhar, J.-Petitioner has filed the instant writ petition under Article 226 of the Constitution challenging the award dated 30.06.2014 passed by Commissioner under Employees Compensation Act, 1923 (Assistant Labour Commissioner), Ramban (hereinafter referred to as “ALC, Ramban”).
2. It appears that respondent No.3, claiming himself to be a Workman employed by petitioner as a Mate, made an application before ALC, Ramban, alleging therein that on 26.04.2001, he received personal injuries in an accident arising out of and in the course of his employment of the petitioner while loading vehicle No.JK01-9002. Accordingly, a compensation of Rs.3.00/- lacs was claimed by the respondent No.3. It appears that despite service, petitioner did not participate in the proceedings before the ALC, Ramban and an exparte award dated 30.06.2014 came to be passed, whereby respondent No.3 has been held entitled to a compensation of Rs.1,95,219/- along with interest @12% per annum from the date of accident to 10.06.2014 and a penalty amount of Rs.30,000/-, making it total amount of Rs.5,29,760/-.
3. The petitioner has challenged the aforesaid award on various grounds but the main ground w
The main legal point established is that the proviso to Section 21(1)(b) of the Employees’ Compensation Act imposes a mandatory notice requirement for a non-jurisdictional Compensation Commissioner t....
The central legal point established in the judgment is the correct interpretation of Section 21 of the Employees Compensation Act regarding territorial jurisdiction and the timely disposal of claims.
The court emphasized the limited jurisdiction of the High Court under Section 30 of the Act to substantial questions of law only, and the findings of fact made by the Commissioner.
The central legal point established is the interpretation and application of jurisdiction under Section 21(1)(b) of the Employees' Compensation Act.
The court emphasized the jurisdiction of the Commissioner, the provision for interest under Section 4A, and the liability of the employer under Section 3(1) of the Employee's Compensation Act.
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