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2025 DAILYLAW 4988 (CAL)

SAMIRAN PAL v. DURGAPUR STEEL THERMAL POWER STATION ,ANDAL & ORS

FMA/67/2017 · 2025-01-20

Ajay Kumar Gupta, Rajasekhar Mantha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20.01.2025 Court No.13 Item No.16 AP FMA 67 of 2017 Samiran Pal Vs. Durgapur Steel Thermal Power Station & Ors. Mr. Subrata Bhattacharya Ms. Shipra Santra …. For the Appellant. 1. The appeal is directed against a judgement and/or order dated 14th June, 2016 passed by the Commissioner, Workmen’s Compensation, Durgapur in Claim Case No.6 of 2014. 2. The injury sustained by the petitioner was on 17th July, 2010. The claim was filed four years later i.e. on 28th May, 2014. 3. A claim under the E.C. Act, 1922 is required to be filed within two years of the date of occurrence as per Section 10 thereof. The Commissioner found the petitioner’s case barred by limitation. Despite having found as such, the Commissioner chose to enter into the merits of the case and also found against the petitioner on the same. The Commissioner need not gone into the said issue after holding that the claim was barred by limitation. 4. Be that as it may, it appears that the Commissioner has found no relationship between M/s. 2 Power Mech Projects Ltd. and the principal employer Durgapur Steel Thermal Power Station, Andal. In addition thereto, the petitioner produced evidence that he was working with M/s. J.P. Rana at Durgapur Steel Thermal Power Station, Andal. The relationship between M/s. J.P. Rana and Durgapur Steel Thermal Power Station, Andal has not been brought on record. 5. In the facts and circumstances of the case, this Court is of the view that the impugned judgement and/or order dated 14th June, 2016 passed by the Commissioner, Workmen’s Compensation, Durgapur calls for no interference. 6. Accordingly, the instant appeal is hereby dismissed. Consequently, all connected pending applications, if any, are also dismissed. 7. Interim orders, if any, shall stand vacated. 8. There shall be no order as to costs. 9. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)