High CourtsSingle Bench(2008) 02 JH CK 0034

Heavy Engineering Corporation Limited vs State of Jharkhand, Deputy Labour Commissioner-cum-Commissioner under the Workman Compensation Act, 1923 and Razia Khatun

Jharkhand High Court · Decided on 13 February 2008 · Citation: (2008) 2 LLJ 828

HON’BLE JUDGES
R.K. Merathia, J

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Judgment

9 paragraphs · 252 words

R.K. Merathia, J.—Heard Mr. Manish Kumar and Counsel for the State.

2.

Petitioner has challenged the order dated 18.4.2002 passed by respondent No. 2, refusing to refer the matter to Labour Court, Ranchi for adjudication.

3.

It appears from the impugned order that the petitioner contended before respondent No. 2 that the husband of respondent No. 3 will not come under the Workman Compensation Act and that he died by Heart Attack, and not in accident during employment. The respondent No. 2 rejected the said jurisdictional objections of the petitioner.

4.

When such dispute was raised by the petitioner, the respondent No. 2 was obliged to send the matter for adjudication, to the Labour Court, Ranchi.

5.

In the circumstances, the impugned order is set aside and respondent No. 2 is directed to send the matter to the Labour Court, Ranchi.

6.

Mr. Manish Kumar undertakes to communicate this order respondent No. 2 within one week Within two weeks thereafter the respondent No. 2 will send the records to the Labour Court, Ranchi, along with a copy of this order. The petitioner and respondent No. 3 will appear before the Labour Court, Ranchi at 11 a.m. on 25th March, 2008.

7.

It is expected that the Labour Court will decide the dispute as early as possible and preferably within one year from such appearance of the parties.

The parties an directed to co-operate in early disposal of the matter.

With these observations and directions, this writ petition is disposed of. No costs.