MORGINA BEGUM Vs. MANAGING DIRECTOR HANUMAN PLANTATION LTD

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against the judgment and order dted 10.2.2006 of the Division Bench of the High Court of Gauhati whereby the High Court has set aside the order of the Commissioner, Workmen's Compensation, Tezpur dated 04.10.2002.

(3.) For convenient disposal of this case, a few facts may be mentioned. Deceased Md. Rajik Ahmed was an employee of the respondent company. He died on 14.07.2000. A petition for claiming compensation under the Workmen's Compensation Act was filed by the father and mother of the deceased before the Commissioner, Workmen's Compensation, Zone-III, Tezpur. In the said petition, the learned Commissioner, Tezpur awarded compensation of Rs. 2,70,520/- Aggrieved against the said order passed by the Commissioner, Workmen's Compensation, Tezpur, the respondent company preferred an appeal before the High Court of Gauhati. Two arguments were raised before the High Court on behalf of the respondent company (appellant in the High Court), (1) that the Commissioner, Workmen's Compensation, Tezpur had no jurisdiction to entertain the claim petition and (2) the death of the deceased did not occur during the course of employment. So far as the first contention of the respondent is concerned, the High Court answered the same against the claimant and held that the Commissioner, Tezpur had no jurisdiction to entertain the claim petition and accordingly it allowed the appeal filed by the respondent herein and set aside the order of the Commissioner, Workmen's Compensation, Tezpur, without going into the second argument. Hence, the present appeal has been preferred by the claimants.