2026:CGHC:491 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(L) No. 207 of 2025 Pradeep Chandra Jha S/o Late Shree Ramnath Jha Aged About 45 Years R/o Village Ghutku, Tehsil Takhatpur, District- Bilaspur (C.G.) Occupier Phil Coal Benification Pvt. Ltd. ... Petitioner versus 1 - Smt. Deepa Choubey W/o Late Shatrughan Choubey Aged About 39 Years R/o Ward No. 68, Near Lucky Garage Choti Koni P.S. Koni, Sarkanda, Bilaspur (C.G.) 2 - Harsh Choubey S/o Late Shatrughan Choubey Aged About 15 Years (Minor) Through Mother Deepa Choubey (Respondent No. 1) R/o Ward No. 68, Near Lucky Garage Choti Koni P.S. Koni, Sarkanda, Bilaspur (C.G.) 3 - Yash Choubey S/o Late Shatrughan Choubey Aged About 12 Years (Minor) Through Mother Deepa Choubey (Respondent No. 1) R/o Ward No. 68, Near Lucky Garage Choti Koni P.S. Koni, Sarkanda, Bilaspur (C.G.) ... Respondents For Petitioner : Shri Anmol Gupta, Advocate appeared on behalf of Ms. Vaishali Jeswani, Advocate. For Respondent No. 2 : Ms. Chetna Sharma, Advocate Hon’ble Shri Justice Sachin Singh Rajput Order on Board 02.02.2026 1. Challenged in this writ petition under Article 227 of the Constitution of India is to an order dated 16/09/2025 (Annexure P/1) passed by the learned Commissioner, For Employees Compensation Act, 1923 cum Labour Court, ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2026.02.10 12:08:01 +0530 2 Bilaspur (for short Commissioner) by which the application of the petitioner seeking to take certain documents on record is rejected. 2. Learned counsel for the petitioner submits that an application under Section 22 r/w. Section 10 of the Employee’s Compensation Act, 1923 (for short ‘Act of 1923’) was filed by the respondents inter-alia pleading that the deceased namely Shatrughan Choubey who happens to be the husband of respondent No.1 and father of respondent Nos. 2 and 3 was working as Electrician / Foremen with the petitioner. He passed away on 28/04/2023 in an accident that occurred during the course of employment with the respondent, thus seeking compensation of Rs.24,09,615/- along-with interest, the said application was filed before the learned Commissioner. The said application was registered as case No. 63/ECA/23 . The written statement has also been filed denying the employer-employee relationship between the petitioner and the deceased. The petitioner has obtained certain documents under Right to Information Act, from the Employee Provident Fund Organization, Regional Office, Raipur (C.G.) which includes the salary details of the deceased showing that the deceased Shatrughan Choubey was not working with the petitioner rather working with Satya Power & Ispat Ltd., Bilaspur from the month of April - 2022 to June – 2023. The accident occurred on 28/04/2023 and from the documents placed on record it is quite evident that on the date of accident, the petitioner was not working with the petitioner. Thus, there cannot be any employee employer relation between the petitioner and the deceased / employee. Thereafter, an application was filed to place the documents on record which have been obtained under Right to Information Act by the petitioner. The said application was rejected by the learned Commissioner inter-alia stating that the documents are photo-copy and it cannot be accepted at belated stage. He submits that filing of the documents on record does not 3 mean the prove of the same, at the time of recording of the evidence, the petitioner can place on record the original of the same as well as call the witnesses from the Employees Insurance Corporation to prove the same. The documents are necessary to adjudicate the defense of the petitioner with regard to employee – employer relationship between the petitioner and deceased employee. Thus, the learned Commissioner erred in rejecting the said application. Thus writ petition may be allowed. 3. Learned counsel for the respondent vehemently opposed the submission made by the learned counsel for the petitioner and supports the impugned order. She submits that only phot-copy was placed on record. Thus, the learned Commissioner has rightly rejected the application. Learned counsel for the respondent submits that it is a belated application and several opportunities were granted. She submits that the petitioner been deprived of the legitimate claim and thus writ petition may be dismissed. 4. Heard counsel for the parties and perused the record. 5. Perusal of the record would indicate that an application under section 22 r/w. Section 10 of the Act of 1923 was filed by the respondent. As per pleadings of the claim application, the deceased Shatrughan Choubey was said to be working with the petitioners and suffered an accident on 28/04/2023 at about 07:00 Am. The claim is made against the petitioner showing it to be employee- employer relationship between the deceased and the petitioner. The learned counsel for the petitioner submits that there was no employee-employer relationship between the deceased and the petitioner and the petitioner wanted to place on record the details of the salary obtained from the Employer Provident Fund Organization under the R.T.I. Though photo-copies were placed on record but the fact remains that this documents are necessary for 4 adjudication of the dispute between the parties to establish as to whether the deceased was working with the petitioner or Satya Power & Ispat Ltd. I have perused the application dated 26/06/2025 and the document which are appended with the applications. The documents which are appended is a communication made by the Employer Provident Fund Organization to the advocate dated 02/06/2025 with the copy of details of the salary of Shatrughan Choubey. Prima facie Company name shown as Satya Power & Ispat Ltd. Of course the application appears to be belated and opportunity were granted to the petitioner but delay can always cannot be fatel for adjudication of case on merits. These documents may throw some light on the employer-employee relationship, thus impugned order rejecting the application to take on record these two documents are here by set aside. The documents i.e. a communication dated 02/06/2025 send by Employee Provident Fund Organization to Shri Vinay Kumar Verma, Advocate and details of the salary is annexed with are directed to be taken on record with files of learned Commissioner. 6. Thus, writ petition is allowed subject to the payment of cost of Rs.1000/- to the respondents to be paid before the learned Commissioner. Sd/- (Sachin Singh Rajput) Judge Ashish