ANKIT GUPTA Vs. RAJESH

JUDGEMENT

(1.) The petitioner has challenged the order dated 18th January, 2019 whereby the Commissioner, Employees' Compensation directed the petitioner to deposit Rs.45,74,240/- as compensation in respect of death of seven persons in the incident dated 03rd January, 2019.

(2.) The petitioner has challenged the impugned order on the ground that the same has been passed without issuing any show cause notice or affording an opportunity to the petitioner. According to the petitioner, no enquiry whatsoever has been conducted by the Commissioner, Employees' Compensation before passing the impugned order. The petitioner also disputes the relationship of employment with the persons who died in the alleged accident.

(3.) Vide order dated 12th April, 2019, this Court directed the Investigating Officer of FIR No.5/2019, P.S. Moti Nagar to investigate the matter and submit a report as to whether the persons, who died in the incident dated 03rd January, 2019, were the employees of the petitioner. The SHO, P.S. Moti Nagar has filed the status report according to which seven persons died and nine persons, including the petitioner, were injured in the incident dated 03rd January, 2019 in respect of which FIR No.5/2019 under Sections 287/288/337/304A IPC was registered by the Police. The Investigating Officer, B.S. Gulia present in Court submits that the investigation has concluded and the chargesheet is being filed by the Police. It is further submitted that four injured persons namely, Gangesh, Munna, Manju and Ashok and three deceased persons namely, Ajay, Ajay Bahadur and Sanjay Prasad were the employees of the petitioner and the Employees Accident Report in the prescribed format along with the documents have been filed with the Commissioner, Employees' Compensation.