M/S RIMJHIM ISPAT LTD. Vs. WORKMEN COMPENSATION COMMISSIONER & ANR.
HIGH COURT OF UTTARAKHAND
M/S Rimjhim Ispat Ltd.
Workmen Compensation Commissioner And Anr.
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B.S. Verma, J. -
(1.) Heard Mr. Alok Mehra, learned counsel for the petitioner and Mr. Lalit Samant, learned Brief Holder for the State. None is present for respondent no.2 inspite of service.
(2.) By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 30.10.2004 passed by respondent no.1 Workmen Compensation Commissioner (Annexure-5 to the writ petition) in W.C.A. No.18 of 2002.
(3.) Brief facts of the case are that petitioner M/s Rimjhim Ispat Ltd. is a private limited company having its registered office at 123/360, Fazal Ganj, Kanpur. The said company is engaged in manufacturing of steel bars and other items and its unit is situate at 22, 23 Industrial Area, U.P.S.I.D.C., Sumairpur, Hamirpur, U.P. Respondent no.2 was an employee of the petitioner company and was serving in the Hamirpur Unit. During the course of employment, he met with an accident on 1.4.1996. A petition for claiming compensation under the Workmen's Compensation Act was filed by the respondent no.2 before the Workmen Compensation Commissioner, Udham Singh Nagar, which was subsequently transferred to Workmen Compensation Commissioner, Haldwani. By order dated 9.4.2002, the claim petition was allowed ex-parte awarding compensation of INR 1,13,736/- along with interest of INR 81,888/-. Against the ex-parte order, the petitioner company moved an application and also filed its objections against the claim petition. By the impugned order dated 3010.2004, objections filed by the petitioner has been rejected. Hence, this writ petition has been filed by the petitioner.;
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