LAWS(PAT)-2008-11-135

ORIENTAL INSURANCE COMPANY, LTD Vs. RAJBALAV SINGH

Decided On November 20, 2008
Oriental Insurance Company, Ltd Appellant
V/S
Rajbalav Singh Respondents

JUDGEMENT

(1.) THIS appeal is against an award dated 18.3.2004 passed in Case No. CWJC No. 14 of 1999 by the Dy. Labour Commissioner -cum -Workmen's Compensation Commissioner, Magadh Division, Gaya whereby the Appellant, Oriental Insurance Company has been directed to pay a compensation of Rs. 2,16,000.00 alongwith an interest @ 12 per cent as directed in the award.

(2.) MR . Devi Kant Jha, the learned Counsel for the Appellant argued this appeal on the point of jurisdiction only.

(3.) THE learned Counsel for the Appellant submitted that in this case the Appellant who was the Opposite Party before the Dy. Labour Commissioner -cum -Workmen's Compensation Commissioner, Gaya had disputed his liability to the compensation claim, hence, the case was a contested one and under the provisions of the aforesaid notification the concerned Dy. Labour Commissioner had no jurisdiction to pass any order in that case and the same had to be transferred to the concerned Presiding Officer of the concerned Labour Court.