Kalubhai Bhikhabhai Rabari vs Regal Asbestos Ind.Pvt.Ltd

KALUBHAI BHIKHABHAI RABARI....Appellant(s) Versus REGAL ASBESTOS IND.PVT.LTD.,....Defendant(s) ========================================================= Appearance:

MR RV DESAI, ADVOCATE for the Appellant(s) No. 1 ========================================================= CORAM: HONOURABLE MR.JUSTICE R.D.KOTHARI Date : 04/05/2016 ORAL ORDER Heard learned advocate Shri Desai for the appellant.

The appellant claims to be aggrieved by the dismissal of the appellant's application by the Commissioner, Workmen's Compensation Act.

At the time of hearing, learned advocate for the appellant has drawn attention to xerox copy of the leave card which is alleged to have signed by the Supervisor of the respondent - Company. In order to establish the leave card, it was submitted that the appellant has thrice applied before the learned trial Court to examine the Supervisor, however, all attempts were unsuccessful. In one of the summons, the bailiff has made a report that the Supervisor is refusing to accept the summons. The Commissioner, Workmen's Compensation Act has held that the appellant has failed to prove the leave card. It was also Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu May 05 03:38:38 IST 2016 C/FA/785/2016 ORDER submitted that the appellant has examined the co­workman who has deposed in favour of the present appellant. Against that the employer has lead no evidence nor any written statement (ws) is filed by the respondent - Company.

The matter requires consideration.

In the facts and circumstances of the present case, Notice for final disposal returnable on 28.06.2016.

(R.D.KOTHARI, J.) /phalguni/ Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu May 05 03:38:38 IST 2016