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2023 Supreme(J&K) 526

RAJNESH OSWAL
Hicks Thermometer (I) Ltd. – Appellant
Versus
Aruna Koul Bhat – Respondent


Advocates Appeared:
For the Appellant : Mr. Vishal Goel.
For the Respondent: Mr. Sanjay K. Dhar.

JUDGMENT :

1. This is an appeal against the award dated 24.12.2018 passed by the Assistant Labour Commissioner, Jammu (hereinafter to be referred as "the Commissioner") under the Employees Compensation Act, 1923, by virtue of which the appellant has been directed to deposit an amount of Rs.9,74,985/- (Rupees Nine Lacs Seventy Four Thousand Nine Hundred Eighty Five Only) within 30 days of the passing of the order.

2. The award has been impugned on the following grounds:-

    (i) That the deceased was not an employee within 'the meaning of Section 2(dd) read with Schedule II of the Act (Supra).

(ii) That the award impugned is perverse as the Commissioner completely ignored the pleadings, facts and relevant material on record.

(iii) That no reasonable opportunity of advancing the final arguments was afforded to the appellant.

(iv) That the deceased expired while on a private trip to Srinagar and was not on official duty.

(v) That the respondent No. 1 submitted her examination in chief by way of an attested affidavit but in her cross examination, she has clearly stated that she never appeared before anyone for attestation of her affidavit.

(vi) That the claimants and witness, namely, Kamal Jeet Dh

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