By means of this writ petition the petitioner has challenged the compensation paid under the Employees Compensation Act in Compensation Case No. 24 of 2011. The petitioner is an Insurance Company. In 2011 within the jurisdiction of Commissioner, Mathura an accident took place and death has occurred. In 2011 the said compensation case was filed and it finally came to be decided on 25.1.2014.
The main ground for assailing the compensation granted in favour of the claimant is that the Commissioner, Aligarh has no jurisdiction in the matter and in view of Section 21 of the Workman Compensation Act, 1923 notices ought to have been issued to the Commissioner, Mathura under whose jurisdiction accident took place.
From the written statement filed by the petitioner only a vague objection has been made that the Commissioner, who awarded the compensation, has no jurisdiction. The petitioner participated in the proceeding throughout but no such objection was taken. It appears prima facie that the petitioner is adopting dilatory tactics as the first and foremost objection to be taken by the petitioner ought to have been with regard to jurisdiction. Although in paragraph-9 it has been stated that vaguely the Commissioner, who has decided the claim has no jurisdiction.
Learned Standing Counsel points out that the petitioner has remedy of filing an appeal against the order under Section 30 of the Employees Compensation Act.
Be that as it may, issue notice to respondents no. 2 to 5 for which the petitioner will take steps within a week.
List the matter after one month.
Order Date :- 10.4.2014 SKM