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2005 DIGILAW 153 (BOM)

Khairunnisa v. Ruksana

2005-02-07

K.J.ROHEE

body2005
Judgment ( 1 ) HEARD the learned counsel for the appellant and the learned counsel for the respondents. ( 2 ) ADMIT. Taken up for final hearing with the consent of the parties. The learned counsel for the respondents waives notice. ( 3 ) ONE Mannan Sheikh died on 28- 02-2003 during the course of his employment. Thereafter the employer deposited the amount of compensation with the Commissioner of the workmen's Compensation at Bhandara. Khairunnisa (the present appellant) and Ruksana (respondent no. l) led their claims to the said amount. Respondent no. 1 claimed that she was the second wife of the deceased. By common order dated 29-10-2004 below the applications moved by the appellant and respondent no. 1, the learned Judge of the Labour Court, Bhandara granted equal share in the compensation to the appellant and respondent nos. 1 to 3. The present appeal is directed against the said order. ( 4 ) IT was pointed out by Mr. Dhote, the learned counsel for the appellant, that under rule 28 of the Workmen's Compensation rules, 1924 it was incumbent on the part of the learned Commissioner to frame issues and to deliver judgment on each of the issues so framed along with his reasons. That has not been done in the present case and a simple common order was passed disposing of the claims of the appellant and the respondents. ( 5 ) A bare perusal of the common order dated 29-10-2004 clearly shows that the learned Judge has neither decided the applications in his capacity as the Commissioner for Workmen's Compensation nor has framed issues, nor has given reasons for his finding. In fact, it is not a judgment in the eye of law, in view of Rule 32 of the Workmen's compensation Rules, 1924. The said common order, therefore, cannot be sustained. Hence the order. ( 6 ) THE impugned order dated 29-10- 2004 is set aside. The matter is remanded back to the Commissioner for deciding the rival claims of the appellant and the respondents by following the procedure laid down in Part-V of the Workmen's Compensation Rules, 1924 within a period of three months from the date of receipt of this order. All the questions raised in this appeal are kept open. Order accordingly.