MINOR AJAY GEMABHAI VASAVA Vs. USMAN AHMED PATEL

JUDGEMENT

(1.) HEARD learned advocate Mr. Shakeel Qureshi on behalf of appellants-claimants and learned advocate Mr. M. M. Saiyed appearing on behalf of respondent no. 2.

(2.) IN present group of appeal, appellants-claimants have challenged the judgment and orders dated 30/5/2006 passed by Workmen Compensation Commissioner, Bharuch in Workmen Compensation Applications (Fatal) filed by claimants before Workmen Compensation Commissioner, Bharuch.

(3.) LEARNED advocate Mr. Shakeel Qureshi appearing on behalf of appellants-claimants submitted that Workmen Compensation Commissioner, Bharuch has passed orders in absence of respondent no. 1 Usman Ahmed Patel and respondent No. 2 Umarji Ismail Patel. He also submitted that appellants-claimants have given evidence in support of their claim petitions but same has not been believed by Workmen Compensation Commissioner, Bharuch without any counter or rebuttal evidence from other side. He submitted that issues have been framed by Workmen Compensation Commissioner, Bharuch but not considered affidavit filed by claimants which remained unchallenged and also not considered written arguments and relevant decisions cited by claimants. He submitted that Workmen Compensation Commissioner, Bharuch has passed impugned judgment and orders in a manner which suggests non-application of mind of Workmen Compensation Commissioner, Bharuch. He also submitted that certain issues have been decided in favour of claimants and certain issues have been decided against claimants which itself suggests contributory findings given by Workmen Compensation Commissioner, Bharuch. Therefore, learned advocate submitted that impugned judgment and orders passed by Workmen Compensation Commissioner, Bharuch may be set aside and direction may be given to Workmen Compensation Commissioner, Bharuch to decide matters afresh in accordance with law.