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Judgment
B. P. Routray, J
I.A. No.283 of 2021
The I.A. is disposed of in view of the report of the stamp reporter.
FAO No.61 of 2021
Heard Mr. G.P. Dutta, learned counsel for the insurer - Appellant and Mr. K.C. Nayak, learned counsel for the claimant - Respondent No.1.
The present appeal by the insurer is directed against the award of learned Commissioner for Employee's Compensation-cum-Divisional Labour Commissioner, Jajpur in E.C. Case No.275 of 2014. In the impugned award dated 19th November 2020, at paragraph 3, it is mentioned that ".. .... before argument the O.P. No.1 entered appearance through its Advocate and filed a petition to set-a-side the ex-party order, accept his Vokalatnama and written statement. Heard the petition and allowed as the same will not prejudice the other parties. The O.P. No.1 in his written statement admitted the employment, accident and accidental injury of the applicant in course of and arising out of employment and also stated that the O.P. No.2 be saddled with liability of compensation if any in view of valid insurance policy of the vehicle in question".
It is submitted by Mr. Dutta that the Appellant was not given any opportunity to rebut the stand of the owner taken in his written statement which has formed the basis for conclusion by the learned Commissioner to fix the accident and employer-employee relationship between the parties. Therefore, passing the impugned award without granting adequate opportunity to the insurer, amounts to violation of principles of natural justice.
Having heard Mr. Nayak, learned counsel for the claimant on the point raised by the Appellant, the contention of the Appellant is found with substance that he has been deprived of the adequate opportunity to rebut the contention of the owner.
So on the ground of lack of adequate opportunity granted, the impugned award is set aside and the matter is remanded back to the learned Commissioner to adjudicate the same afresh from the stage of framing of issues. The parties present before this Court are directed to appear before the learned Commissioner in E.C. Case No.275 of 2014 on 22nd December and the Commissioner shall make all endeavour to conclude the case within four months thereafter.
The amount deposited by the Appellant before the learned Commissioner be refunded to them along with accrued interest thereon.
The appeal is accordingly disposed of.
An urgent certified copy of this order be issued as per rules.
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