DIVISIONAL MANAGER, JKSFC, BHADERWAH Vs. ABDUL RASHID
LAWS(J&K)-2020-9-7
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 01,2020

Divisional Manager, Jksfc, Bhaderwah Appellant
VERSUS
ABDUL RASHID Respondents

JUDGEMENT

Sanjeev Kumar - (1.)The Divisional Manager, J&K State Forest Corporation ["appellant"] is in appeal against the award dated 30th July, 2014 passed by the Commissioner, Employees Compensation Act (ALC, Doda) ["the Commissioner"] in file No. 120-I entitled Abdul Rashid v. Divisional Manager, SFC Division Bhaderwah, whereby the respondent ["the claimant"] has been held entitled to a compensation of Rs.22,873/- along with simple interest @12% per annum to be calculated from the date of accident till the date of deposit of the awarded amount in the office of the Commissioner.
(2.)The impugned award has been assailed by the appellant, inter alia, on the ground that the claimant was a labourer engaged by the contractor of the appellant, therefore, there was no relationship of workman and employer between the claimant and the appellant. It is also submitted that the award was passed by the Commissioner without framing any issue and without properly analyzing and discussing the rival contentions.
(3.)The appellant seeks to file the appeal on the following substantial questions of law, which, as per the appellant, arise for determination in this appeal:-
(i) Whether the Commissioner without determining the nature of injury could have passed the award of compensation in favour of the claimant?

(ii) Whether the Commissioner could have passed the award without determining relationship of employee and employer between the respondent and the appellant?

(iii) Whether the Commissioner was competent to pass the award without first formally framing issues for determination?

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