Digitally signed by ASHISH ASHISH TIWARI TIWARI Date:

2026.02.10

12:07:40 +0530

2026:CGHC:491 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(L) No. 211 of 2025 Pradeep Chandra Jha S/o Late Shree Ramnath Jha Aged About 45 Years R/o Village Ghutku, Tehsil Takhatpur, District- Bilaspur (C.G.) Occupier Phil Coal Benification Pvt.

Ltd. ... Petitioner versus

1 - Smt. Deepa Choubey W/o Late Shatrughan Choubey Aged About 39 Years R/o Ward No. 68, Near Lucky Garage Choti Koni P.S. Koni, Sarkanda, Bilaspur (C.G.) 2 - Harsh Choubey S/o Late Shatrughan Choubey Aged About 15 Years (Minor) Through Mother Deepa Choubey (Respondent No. 1) R/o Ward No. 68, Near Lucky Garage Choti Koni P.S. Koni, Sarkanda, Bilaspur (C.G.)

3 - Yash Choubey S/o Late Shatrughan Choubey Aged About 12 Years (Minor) Through Mother Deepa Choubey (Respondent No. 1) R/o Ward No. 68, Near Lucky Garage Choti Koni P.S. Koni, Sarkanda, Bilaspur (C.G.)

... Respondents For Petitioner : Shri Anmol Gupta, Advocate appeared on behalf of Ms. Vaishali Jeswani, Advocate.

For Respondent No. 2 : Ms. Chetna Sharma, Advocate Hon’ble Shri Justice Sachin Singh Rajput

Order on Board

02.02.2026

1. Challenge in this writ petition under Article 227 of the Constitution of India is to an order dated 16/09/2025 (Annexure P/1) passed by the learned Commissioner, For Employees Compensation Act, 1923 cum Labour Court, Bilaspur (for short Commissioner) by which the petitioner’s opportunity to lead evidence was closed.

2. Learned counsel for the petitioner submits that respondents have filed an application under Section 22 r/w. section10 of the Employee’s Compensation Act, 1923 (for short ‘Act of 1923’) seeking compensation on account of death of Shatrughan Choubey who claims to be working with the petitioner and died during the course of employment by meeting an accident on 28/04/2023. Thus, the said application was filed seeking compensation of Rs.24,09,615/- along- with interest filed before the learned Commissioner and was registered as case No. 63/ECA/23. Though some opportunity to lead the evidence by the petitioner was granted by the learned Commissioner. However by impugned order 16/09/2025 to lead further evidence the opportunity was closed. He further submits that the petitioner has taken a defense that the deceased Shatrughan Choubey was not working with the petitioner. Thus an application was made by the petitioner to adjourned the case. However, the said application was rejected by the impugned order. Thus he submit that one opportunity may be granted to the petitioner to lead evidence.

3. Learned counsel for the respondent vehemently opposed the submission made by the learned counsel for the petitioner and supports the impugned order. She submits the right to lead evidence of the petitioner has already been closed by learned Commissioner.

4. Heard counsel for the parties and perused the record.

5. Be that as it may, taking into submissions made by the parties and also considering that though opportunities were granted to the petitioner to lead evidence, however, in the interest of justice this Court is inclined to allow one opportunity to the petitioner to call his witnesses either in person or by summoning them on next date of hearing which the learned Commissioner will fix for the recording of the evidence subject to the payment of cost of Rs.2000/- to the respondents which is to be paid before the learned Commissioner.

6. This writ petition is allowed as indicated above.

Sd/-

(Sachin Singh Rajput)

Judge

Ashish