Anand Kanoongo vs Sewanti Bai on 9 August, 2010

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                           W.P.No.9452/10

     Anand Kanoongo                                   Sewanti Bai and others




     9.8.2010
           Shri K.S.Rajput, Counsel for petitioner.
              This petition is directed against order dated 29.6.2010 by the
     Commissioner, Workmen's Compensation Act, Labour Court, Khandwa
     in Case No.7/08 k/CF by which the Labour Court directed that the issue
     of limitation will be decided alongwith other issues.
              Learned counsel for petitioner submitted that the application filed
     by the respondents before the Labour Court was barred by time as it

was filed after 5 years from the date of cause of action. The aforesaid
issue ought to have been decided by the Labour Court as a preliminary
issue.

It is settled law that the question of limitation is a mixed question
of law and fact and cannot be decided without recording evidence. In
these circumstances, if the Labour Court directed to decide the issue of
limitation alongwith other issues, no fault is found.

This petition is found without merit and is dismissed with no order
as to costs.

     (Krishn Kumar Lahoti)                                      (J.K.Maheshwari)
            Judge                                                  Judge

C.