$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010110322026 + FAO 88/2026 NILU DEVI & ANR. .....Appellants Through: Mr. Chandan Prajapati, Advocate versus M/S CERA DECOR INDIA LTD. .....Respondent Through: Mr. Kartik Sharma, Mr. Kamal Kant Sharma and Mr. Devvrat Yadav, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 02.09.2026 1. The present appeal pertains to an order dated 16.01.2026 passed by the learned Commissioner under Employees’ Compensation Act, 1923, whereby the claims filed by the claimants came to be dismissed. 2. Mr. Prajapati, learned counsel appearing for the appellants, on instructions, states that the claim was dismissed because the claimants could not prove the employer-employee relationship between the deceased and the management. He submits that subsequent to an untraced report, a chargesheet has been filed by the police with respect to the accident that resulted in the death of the deceased. He further submits that despite due diligence, the claimants were not aware of the aforesaid proceedings in the criminal case and seeks one opportunity to examine the witnesses, cited by the police in the chargesheet, in support of the claim. 3. Learned counsel for the respondent, however, opposes the request, considering that the claim is dependent on the claimants proving the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2026 at 11:48:25 employer-employee relationship and that the request noted hereinabove goes to the root of the matter. It would, therefore, be appropriate to remand the matter to the learned Commissioner, with an opportunity to the claimant to bring on record additional evidence. 4. Mr. Prajapati assures the Court that he would file the list of witnesses and examine them without any delay. Needless to state that the respondent shall also have an opportunity to cross-examine the said witnesses. 5. Accordingly, the matter is remanded back to the learned Commissioner and shall be listed on 21.09.2026. 6. Subject to the appellants filing additional evidence, the impugned order is set aside. 7. The appeal is disposed of in the above terms. MANOJ KUMAR OHRI, J SEPTEMBER 2, 2026/RW This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/09/2026 at 11:48:25