- (1.) THIS appeal filed by the appellant Bharat Coking Coal Ltd. under section 30 of the Workmen's Compensation Act, 1923, is directed against the order dated 30. 9. 2002, passed by the commissioner, Workmen's Compensation, dhanbad in W. C. Case No. 21 of 2002 (C)whereby he has allowed the claim of the claimant-respondent No. 1 and awarded compensation of Rs. 81,525 for the death of the workman.
(2.) THE facts of the case lie in a narrow compass: husband of claimant-respondent No. 1, namely, Sukhu Manjhi was a workman working as miner/loader at Hurriladih Colliery. In course of his employment he met with an accident on 9. 9. 1989 and sustained injuries. He was referred to the Central hospital, Dhanbad for his treatment and later on referred to Christian Medical College, Vellore, for further treatment. After receiving treatment, the workman returned to Dhanbad and as he was not performing his normal duties, he was referred to the medical Board and finally he was declared unfit on 10. 10. 1990. His services were accordingly terminated in terms of para 9. 4. 3 of National Coal Wage Agreement-IV. On termination of his employment vide letter dated 16. 10. 1990 the widow, respondent No. 1, was provided employment vide letter dated 16. 10. 1990. Accordingly, the respondent No. 1 joined the company. However, after about a year of termination of services, the workman died on 3. 9. 1991. After about 7 years the widow claimant filed an application under the Workmen's compensation Act being W. C. Case No. 18 of 1997 before the Commissioner for workmen's Compensation, Dhanbad. The commissioner passed ex pane order on 29. 7. 1998 directing the appellant to deposit the amount claimed in the application to the extent of Rs. 1,70,000.
(3.) AGGRIEVED by the said ex parte order the appellant preferred appeal before Patna high Court, Ranchi Bench being M. A. No. 140 of 1998. The said appeal was finally heard and by judgment dated 26. 2. 2002 the appeal was allowed and the order passed by the Commissioner was set aside and the matter was remitted back to the authority to pass reasoned order after giving opportunity of hearing to the parties. The Commissioner after remand of the said appeal, heard both the parties and passed the impugned order awarding compensation. Hence, this appeal.;