SAHABUDDIN AHMED Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) The petitioner's son, Md. Jalaluddin was employed in a Rice Mill owned by one Md. Wazuddin Ahmed (since deceased). On account of the fact that Md. Jalaluddin suffered demise in the Rice Mill during the course of his employment, the petitioner had filed an application before the Commissioner, Workmen's Compensation, Nagaon against Md. Wazuddin Ahmed, the predecessor-in-interest of the Respondent Nos. 5 to 7 herein. The said case was registered as Case No. NWC 48/1998 and the amount of compensation claimed was Rs. 3,50,000/-. Compensation to the tune of Rs. 2,16,910/- along with interest was awarded vide judgment and order dated 18.03.2002. On account of the failure of the Certificate Debtor to deposit the compensation amount, a Certificate was issued by the Commissioner, Workmen's Compensation, pursuant whereof, the Bakijai Officer, Nagaon initiated proceedings against the Certificate Debtor. The said Bakijai case was registered as CC No. 1 of 2004-2005 and upon the demise of Md. Wazuddin Ahmed i.e. the Certificate Debtor, the Respondent Nos. 5 to 7 herein, being the legal heirs, were impleaded/substituted in the said proceeding. The delay in deciding the Bakijai case had constrained the petitioner to initiate WP(C)6603/2007 and by Order of this Court dated 04.08.2008 a direction was issued to the Bakijai Officer, Nagaon to dispose of the case within a period of 6 months. A second writ petition i.e. WP(C) 633/2010 came to be initiated on account of the fact that despite direction of this Court, the Bakijai Officer only sat over the matter. In the said second writ petition, this Court by Order dated 29.01.2010 disposed of the writ petition with direction to the Bakijai Officer, Nagaon to comply with the Order passed in the first writ petition i.e. WP(C)6603/2007. For the third time, the petitioner had to approach this Court, being WP(C) 1715/2011, challenging the Order dated 07.12.2010 whereby the Bikaji Officer, Nagaon disposed of the case holding that:

(2.) The petitioner is again before this Court to assail the Order dated 08.03.2013 passed by the Additional Deputy Commissioner & Certificate Officer, Nagaon, the contents of which is reproduced herein below.

(3.) Ms. M. Devi, learned counsel representing the petitioner submits that the said Order dated 08.03.2013 suffers from non-application of mind. It is contended that the exercise which the Certificate Officer was required to undertake as per direction of this Court in WP(C) 1715/2011 have been totally ignored. It is further contended that no inquiry whatsoever was initiated for realisation of the certificate amount despite the fact that the Respondent Nos. 5 to 7 had inherited the property from the original Certificate Debtor and are also well placed in the Society. The observation made in the Order dated 08.03.2013 to the effect that there was no scope to realise the Certificate Demand from the Respondent Nos. 5 to 7 has been made as a matter of course and without any basis or substance.