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2003 Supreme(Ori) 567

P.K.MISRA
Divisional Manager, Oriental Insurance Co. Ltd. – Appellant
Versus
Nirupama Mallick – Respondent


Advocates:
For Appellant:M/s. M. Sinha, S. K. Mohanty-2, P. R. Sinha and P. D. Sinha
For Respondents:M/s. Biswajeet Mohanty and S. Mohanty

JUDGMENT

CH. P. K. MISRA, J. —This appeal arises out of the order dated 31.10.2002 passed by the Commissioner for Workmen’s Compen¬sation-cum-Assistant Labour Commissioner, Cuttack, in W.C. Case No. 735-D/99. Originally, the aforesaid case was disposed of by the Commissioner by his order dated 02.08.2000, awarding a sum of Rs. 1,60,641/- in favour of the claimants, who are respondents 1 to 3 in the present case. Thereafter, the appellant-Insurance Company filed a petition before the Commissioner to recall the said order on the ground that the claimants by suppressing mate¬rial facts committed fraud on the proceedings. However, the Commissioner by order dated 19.11.2001 refused to recall his previous order on the ground that he was not vested with power of review. Against the said order dated 19.11.2001, the Insurance Company filed a writ petition, being O.J.C. No. 1982 of 2002, before this Court, which was disposed of by judgment dated 21.08.2002 by quashing the award and remitting the matter back to the Commissioner for fresh disposal according to law by the end of October, 2002. After such remand, the Commissioner has passed the impugned order awarding a sum of Rs. 1,61,641/- to












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