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High Court of Jammu and Kashmir · body

2018 DAILYLAW 1080 (JK)

IMTIAZ AHMED v. U.O.I.TH.DEFENCE SECY.AND ORS.

MA/2/2018 · 2026-02-19

Ma Chowdhary

body2018

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU MA No. 2/2018 Imtiaz Ahmed …..Appellant(s)/Petitioner(s) Through: Mr. Rajneesh Raina, Sr. Adv. with Mr. Abid Khan, Advocate vs Union of India & Ors. .…. Respondent(s) Through: Mr. Harshwardan Gupta, CGSC CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER (19.02.2026) 1. The above titled Appeal has been filed by the appellant against the order dated 15.12.2014 passed by learned Assistant Labour Commissioner, Jammu as Commissioner under Workmen Compensation Act (Now called as Employees Compensation Act) in file No. 02-MISC/EC Act/2010 titled Union of India & Anr. V/s Imtiaz Ahmed whereby the award passed in file No. Inj/33/WC Act/10 Dated 11.02.2013 was set aside and the claim of the petitioner was also dismissed. 2. After arguing for a considerable period, learned counsel for the appellant submits that having regard to the submissions of the learned counsel for the respondents that there existed no employer–employee or workman relationship between the appellant and the respondents, and also in view of the finding returned by the forum below on this issue, appellant be permitted to seek withdrawal of this Appeal, with liberty to file fresh claim in appropriate proceedings. His statement is taken on record. Serial No. 64 2 3. In view of the submission made by learned counsel for the appellant, the appeal is dismissed as withdrawn with liberty to the appellant to avail the available legal remedy. The period during which the appellant pursued the matter before the earlier forums and this Court shall not be an impediment on the ground of delay and laches. 4. The Appeal is thus dismissed as withdrawn, along with pending application(s). 5. Interim direction, if any, shall revoked. (M A CHOWDHARY) JUDGE Jammu 19.02.2026 Amit