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2025 DAILYLAW 158265 (ALL)

ASHISH KUMAR GOSWAMII v. COMMISSIONER WORKMAN COMPENSATION AND ASSISTANT LABOUR COMMISSIONER,RAEBARELI AND ANOTHER

WRIC/7965/2025 · 2025-08-20

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48903 Court No. - 6 Case :- WRIT - C No. - 7965 of 2025 Petitioner :- Ashish Kumar Goswamii Respondent :- Commissioner Workman Compensation And Assistant Labour Commissioner,Raebareli And Another Counsel for Petitioner :- Rama Kant Dixit,Ram Vishal Tripathi Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsels for the parties and perused the record. 2. The present petition has been filed by the petitioner challenging an order dated 06.06.2025, whereby the application filed by the petitioner for restoration of the claim case was rejected. 3. Brief facts of the present case are that, the petitioner has instituted a case for grant of compensation under the Workman Compensation Act, which came to be dismissed in the absence of the petitioner on 27.02.2021, subsequently, the petitioner moved an application for recall of the said order and for hearing and deciding the claim on merits, the said application was moved on 23.04.2024, the said application has been dismissed without merits. 4. Submission of learned counsel for the petitioner is that, the case in question was dismissed when the Covid-19 Pandemic was prevalent and the petitioner is a poor person and was unable of the legal procedures. 5. Considering the fact that the Workman Compensation Act is beneficial to the employees for financial protection, disability compensation, etc., the order dismissing the application for restoration dated 06.06.2025 cannot be sustained, the same is set-aside/quashed. The order dated 27.02.2021 is also quashed. 6. The matter is remanded to the authority concerned, namely, respondent no.1- Commissioner Workman Compensation and Assistant Labour Commissioner, Raebareli to decide the application in accordance with law, after hearing the respondent no.2 also. 7. The petition is disposed of in terms of the above. Order Date :- 20.8.2025/Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench