eng
competition

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Mynotes_247 MP HIGH COURT JJA ENGLISH TYPING TEST

created Jan 11th, 14:15 by 12345shiv


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A dispute was pending before the Commissioner for Workmen's
 Compensation, Labour Court, Sagar in Case No.22/09 WC Fatal filed by
 respondents No.1 to 5 herein, who are the LRs of deceased employee. During
 the pendency of the proceedings, an application was moved by the writ
 petitioner seeking to implead one J.P. Bidi Company Pathariya Fatak, Damoh
 on the ground that it is a necessary party since they were employer of the
 deceased. The application was dismissed. Aggrieved by the same, the instant
 writ petition was filed. An interim order of stay of further proceedings was
 granted. Thereafter, the learned Single Judge by the impugned order came to the
 view that it is the plaintiff alone who can decide who is to be arrayed as
 respondents. Therefore, the petitioner has no right to implead anyone else in
 the proceedings. Since the matter was kept pending for 8 years by depriving the
 dependents of the deceased workman of the legitimate workman compensation ,a cost was also imposed while dismissing the petition. Aggrieved by the same,
 the instant appeal is filed.
 During the course of the proceedings, we were of the view that it will be
 necessary to issue notice to the proposed respondent in order to adjudicate this
 appeal. Notices were issued by the order dated 13.01.2023. At request of
 appellant's counsel, he was also permitted to take out humdast notice on the
 proposed respondent. Notices have been served on 19.1.2023, which service
 of notice has also been mentioned in the affidavit of the appellant. Therefore,
 notice on the proposed respondent is deemed to have been servedLearned counsel for the appellant contends that it is necessary to
 implead the proposed respondent, as they are a just and necessary party to the
 adjudication of the case. The same is disputed by the learned counsels
 appearing for the respondents No.1 and Primarily they submit that the claim
 for compensation has been pending almost for a decade and therefore, it
 would serve no purpose in hearing the proposed respondent. Furthermore,
 there is a dispute as to whether the proposed respondent is the employer or
 whether it is the instant appellant herein.
 Heard learned counsels. Learned counsel submits that the application for impleading the
 proposed respondent contains the reasons why it requires to be impleaded

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