BHARAT BHUSAN DHAWAN Vs. COMMISSIONER, WORKMEN COMPENSATION AND DEPUTY LABOUR COMMISSIONER
LAWS(ALL)-2013-4-265
HIGH COURT OF ALLAHABAD
Decided on April 25,2013

Bharat Bhusan Dhawan Appellant
VERSUS
Commissioner, Workmen Compensation And Deputy Labour Commissioner Respondents

JUDGEMENT

- (1.) The present appeal has been preferred under Section 30 of the Workmen's Compensation Act, 1923 against the order and award dated 26.5.2005 and 22.8.2005 passed by Deputy Labour Commissioner, Lucknow in W.C. Case No. 27 of 2002, Sanjeev Kumar Trivedi v. Sri Bharat Bhushan Dhawan. I have heard learned counsel for the appellant, learned counsel for the opposite parties and perused the entire record.
(2.) Submission is that the court below failed to appreciate that there was no relationship of employer and employee between the appellant and opposite party No. 2 hence the case was not covered under the Workmen's Compensation Act, 1923 and the impugned order was passed without any jurisdiction.
(3.) Submission was also made that appellant's establishment came into existence in August, 2002. So, there was no question of occurrence of any accident at the appellant's establishment on 25.6.2002.;


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