Y SRINIVASA RAO Vs. COMMISSIONER FOR WORKMENS COMPENSATION AND ASSISTANT COMMISSIONER OF LABOUR
LAWS(APH)-1972-1-6
HIGH COURT OF ANDHRA PRADESH
Decided on January 24,1972

Y.SRINIVASA RAO Appellant
VERSUS
COMMISSIONER FOR WORKMEN'S COMPENSATION AND ASSISTANT COMMISSIONER OF LABOUR Respondents

JUDGEMENT

- (1.) During the execution of the wofk connected with the excavation of channels under the Nagarjunasagar Project, on 11th July, 1969, an accident occurred as a rssult of which several workers received injuries some of which proved fatal. The petitioner was the contractor at whose instance; the work "was being done, under a contract entered into by him, with the Public Works Department.
(2.) The Executive Engineer-in-charge of the Division notified the petitioner on 14th October, 1969,that the Commissioner for Workmen's Compensation, Hyderabad, awarded a sum of Rs. 4,800 as compensation in respect of each of the deceased workmen. The Executive Engineer also intimated the petitioner that the payment of the compensation was intended to be made from out of the amounts payable by the department to the petitioner. The petitioner alleges that no opportunity was given to him to make any representation to the Commissioner for Workmen's Compensation and that the decision or award cf the latter was given without notice to the petitioner. It would appear that the Commissioner had decided the matter solely on the basis of a statement made by the Executive Engineer.
(3.) The petitioner then made representations to the Commissioner for Workmen's Compensation, who is cited in this proceeding as the first respondent. It was pointed out by the petitioner that a decision had been made without notice to the party affected thereby and that no order could be made prejudicial to his interest without hearing him. The order was made in contravention of the provisions of law which make notice to the affected paity and hearing imperative. The petitioner also submitted to the Commissioner that the decision did not accord with the principles of natural justice and that the order was liable to be set aside. The Commissioner, however, did not accede to the request of the petitioner. The reply of the Commissioner negativing the request of the petitioner was dated 25th February, 1970. The petitioner impugnes the validity of the proceeding. It may be mentioned that the compensation in respect of each deceased worker was enhanced from Rs. 4,800 to Rs. 6,000.;


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