High Court of Judicature at Allahabad
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National Insurance Co. Ltd. Thru' Asstt. Manager v. State Of U.P. Thru' Secy. Labour Deptt. & Ors. - WRIT - C No. 10107 of 2006  RD-AH 3949 (20 February 2006)
Hon'ble Dr. B.S. Chauhan, J.
Hon'ble Dilip Gupta, J.
This writ petition has been filed raising the grievance that the respondent no.2 i.e. Assistant Labour Commissioner, Muzaffarnagar is not competent to decide the legal dispute under the Workmen's Compensation Act and for a direction to restrain him from proceeding with the W. C. A. No. 35 of 2005 Smt. Sanjida & Ors. Vs. Krishna Mehar & Anr.
Learned counsel for the petitioner has not filed any notification appointing the respondent no.2 as the authority under the Workmen's Compensation Act nor the said notification has been challenged. Mere reliance has been placed upon Division Bench of the judgment of this Court in Surendra Kumar Sharma Vs. State of U.P. & Ors (2003) 2 T.A.C. 774, All. However, learned counsel for the petitioner himself has admitted that the said judgment has already been overruled by the Hon'ble Supreme Court.
In such a fact situation as the petitioner has not filed the copy of the notification appointing the petitioner as the authority under the Act and admits that the judgment of this Court has been overruled by the Hon'ble Supreme Court, we do not see any ground to interfere in the matter.
The writ petition is accordingly dismissed.
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