Bombay High CourtCAF/3497/2015admittedallwdgrantedrule absolute

Manager, Gondegaon Open Cast Mine Of M/S. Wcl Collery, Gondegaon v. Nabi Mehbub Sheikh

2016-09-20Hon'Ble Shri Justice Z.A. Haq3 pages

1 caf3497.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C.A.F. NO.3497/2015 IN FIRST APPEAL STAMP NO.14842/2015 Manager, Gondegaon Open Cast Mine of M/s. W.C.L. Colliery, Post. Gondegaon, Tah. Parseoni, Distt. Nagpur ..VS..

Nabi Mehbub Sheikh - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : 20.9.2016.

Heard Shri A.M. Ghare, Advocate for the applicant/appellant and Shri N.G. Jetha, Advocate for the respondent.

Though the application is opposed, considering the reasons given in the application, the delay of 78 days in filing the appeal is condoned. The civil application is allowed.

FIRST APPEAL STAMP NO.14842/2015 Taken up for hearing on admission.

After haring, the following substantial questions of law arise for consideration:

(i) Whether the Tribunal could have granted compensation, when the injury suffered by the respondent/employee is not specified in Schedule I of the Employees Compensation Act, 1923 ?

(ii) Whether the Tribunal has committed an error in treating the case of respondent/employee under Section 4(1)(b) of the Employees Compensation Act, 1923, without recording finding that the injury suffered by the employee falls under part I and/or Part II of Schedule I of the Employees Compensation Act, 1923 ?

2 caf3497.15 ADMIT.

Call R & P.

The appellant shall file private paper book within six months.

Shri N.G. Jetha, Advocate waives notice for the respondent.

Considering the facts of the case, the respondent is permitted to withdraw Rs.3,00,000/- (Rs. Three Lakhs Only) from the amount deposited by the appellant before the Labour Court/Commissioner. The balance amount be continued in fixed deposit in nationalized bank. The parties are at liberty to request for grant of early hearing after the paper book is filed.

JUDGE Tambaskar.

3 caf3497.15 CERTIFICATE original signed Judgment/Order".

Uploaded By : N.V. Tambaskar.

Uploaded On : 23.9.2016.

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