BHURIYA YADAV Vs. COMMISSIONER OF EMPLOYEES COMPENSATION

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been filed challenging the illegal and arbitrary action of respondent No.1 in not accepting the claim petition preferred by the petitioner under Ss. 4, 4A, 10, 21, 22 and 22A of the Employees' Compensation Act, 1923. The claim petition pertains to grant of compensation on account of severe cervical injury allegedly sustained due to electric shock while repairing an electric line during the course of employment.

(2.) Learned counsel for the petitioner submits that the respondent No.1 refused to entertain the claim petition on the ground that, pursuant to the introduction of new Labour Codes, the jurisdiction of the existing Labour Courts to entertain fresh matters has been curtailed, and therefore, the matter could not be heard.

(3.) Placing reliance on the interim order dtd. 7/1/2026 passed in W.P. No. 48608/2025 ( Lakhan Singh Thakur vs. Union of India & others ), learned counsel submits that in the said case, the learned Additional Solicitor General, appearing on behalf of the Union of India, had apprised the Court that a clarification dtd. 8/12/2025 had been issued and as per the said clarification, the existing Labour Courts, Industrial Tribunals and the National Industrial Tribunal constituted under the Industrial Disputes Act, 1947 shall continue to adjudicate both existing as well as new cases to ensure continuity and to avoid any legal or administrative vacuum until the constitution of Industrial Tribunals and National Industrial Tribunal under the Industrial Relations Code, 2020.