GULMEHAR GREEN PRODUCER COMPANY Vs. COMMISSIONER UNDER EMPLOYEES COMPENSATION ACT (NORTH-EAST) LABOUR DEPARTMENT, GOVT OF NCT OF DELHI & ANR
LAWS(DLH)-2018-3-405
HIGH COURT OF DELHI
Decided on
March 06,2018
Gulmehar Green Producer Company
Appellant
VERSUS
Commissioner Under Employees Compensation Act (North-East) Labour Department, Govt Of Nct Of Delhi And Anr
Respondents
Referred Judgements :-
NATIONAL INSURANCE CORPORATION LIMITED CHANDIGARH VS. NICOLLETTA ROHTAGI [REFERRED TO]SADHANA LODH VS. NATIONAL INSURANCE COMPANY LIMITED [REFERRED TO]
TRANSPORT AND DOCK WORKERS UNION VS. MUMBAI PORT TRUST [REFERRED TO]
JUDGEMENT
Vinod Goel, J. -
(1.)CM No. 8439-8440/2018 (exemptions)
Exemptions allowed subject all just exceptions.
Applications stand disposed of.
W. P. (C) 2047/2018 & CM No. 8438/2018 (for stay)
(2.)The petitioner has invoked the writ jurisdiction of this Court under Article 226/227 of the Constitution of India for setting aside the order dated 01. 08. 2017 by which ex-parte Award was passed by Commissioner Employees' Compensation (in brief "CEC") against it granting Rs. 7,13,086. 08 as compensation under the Employee's Compensation Act, 1923 (in short "the EC Act") in favour of the respondent No. 2 and subsequent order dated 2 1 2017 passed by "CEC" in the case by which its application dated 14. 09. 2017 to set aside the Award dated 01. 08. 2017 was dismissed.
(3.)The brief facts of the case are that the respondent No. 2 was working as Paper Mixer with the petitioner and on 16. 04. 2016 at about 10:00 AM while she was working on the calending machine she suffered injuries during the course of the employment with the petitioner. She was taken to Lal Bahadur Shastri Hospital where she was medico legally examined by the Medical Officer. An FIR bearing No. 216/2016 under Sections 288/337 IPC was registered on 16. 04. 2016 with Police Station Ghazipur, Delhi. She filed the claim petition under Section 3 and 4 of the EC Act. Despite service of the summons, the petitioner did not appear and was proceeded against ex-parte. After considering the evidence on record, the "CEC" awarded Rs. 7,13,086. 08 along with interest @ 12% p. a. from the date of accident in favour of respondent No. 2 and against the petitioner.
Exemptions allowed subject all just exceptions.
Applications stand disposed of.
W. P. (C) 2047/2018 & CM No. 8438/2018 (for stay)
(2.)The petitioner has invoked the writ jurisdiction of this Court under Article 226/227 of the Constitution of India for setting aside the order dated 01. 08. 2017 by which ex-parte Award was passed by Commissioner Employees' Compensation (in brief "CEC") against it granting Rs. 7,13,086. 08 as compensation under the Employee's Compensation Act, 1923 (in short "the EC Act") in favour of the respondent No. 2 and subsequent order dated 2 1 2017 passed by "CEC" in the case by which its application dated 14. 09. 2017 to set aside the Award dated 01. 08. 2017 was dismissed.
(3.)The brief facts of the case are that the respondent No. 2 was working as Paper Mixer with the petitioner and on 16. 04. 2016 at about 10:00 AM while she was working on the calending machine she suffered injuries during the course of the employment with the petitioner. She was taken to Lal Bahadur Shastri Hospital where she was medico legally examined by the Medical Officer. An FIR bearing No. 216/2016 under Sections 288/337 IPC was registered on 16. 04. 2016 with Police Station Ghazipur, Delhi. She filed the claim petition under Section 3 and 4 of the EC Act. Despite service of the summons, the petitioner did not appear and was proceeded against ex-parte. After considering the evidence on record, the "CEC" awarded Rs. 7,13,086. 08 along with interest @ 12% p. a. from the date of accident in favour of respondent No. 2 and against the petitioner.
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