LAWS(GJH)-2009-10-103

SHARDABEN NARANBHAI RATHWA Vs. PALAV SYNTHETICS PVT LTD

Decided On October 05, 2009
SHARDABEN NARANBHAI RATHWA Appellant
V/S
PALAV SYNTHETICS PVT LTD Respondents

JUDGEMENT

(1.) HEARD learned Advocate Mr. DN Pandya for appellants and learned Advocate Mr. DM Patel for respondent.

(2.) BY filing this appeal, appellants have challenged judgment and order passed by Workmen's Compensation Commissioner, Surat in Fatal Case No. 2/94 dated 5/10/2001. Claim petition filed by heirs and legal representatives of Naran Rathwa has been dismissed.

(3.) THIS Court has called Randp from WC Commissioner, Surat. This Court has received it and considering submissions made by both learned advocates, question is whether deceased was an employee of respondent Palav Synthetics Private Ltd. Or not. For that, WC Commissioner has come to conclusion that there is no evidence on record establishing relationship between deceased and respondent as employee and employer and, therefore, on that basis, application filed by claimants is rejected by WC Commissioner.