Bombay High Court
THE NEW INDIA ASSURANCE CO. LTD.versusRAJKUMAR MUNNAR GAUD AND ANR.
- Decided
- Disposal
- Allowed
Holding
The Court disposed of the interim application and set procedural conditions for service of documents, without deciding the substantive employer-employee or disability issues.
Summary
The New India Assurance Co. Ltd. appealed a decision concerning the existence of an employer-employee relationship and the nature of a disability suffered by a respondent. The Commissioner had held that an employer-employee relationship existed between the two respondents despite the vehicle being owned by a third party, and the Labour Court had classified the injury as permanent disability. The appellant raised two substantive questions of law: whether the Commissioner was justified in finding an employer-employee relationship, and whether the injury constituted permanent or partial disability. The Court issued notice to the respondents, ordered the filing and service of a private paper book within one year, and warned that failure to do so would result in dismissal of the appeal. It also permitted service by paper publication if physical service failed and disposed of the interim application.
Issues considered
- Whether the Commissioner was justified in holding that an employer-employee relationship exists between respondent no.1 and respondent no.2 despite the vehicle being owned by a third party and lack of material indicating employment.
- Whether the injury sustained by respondent no.1 constitutes "permanent disability" or "partial disability" and whether the Labour Court was justified in concluding it is "permanent disability".
Subjects
- employer-employee relationship
- permanent disability
- labour court
- service of process
- interim application
- appeal procedure
Judgment
ppn 1 914.fast-33314.16.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by PRACHI CIVIL APPELLATE JURISDICTION
PRACHI PRANESH
PRANESH NANDIWADEKAR
NANDIWADEKAR
Date: 2026.01.23
15:07:15 +0530 FIRST APPEAL (ST.) NO.33314 OF 2016
WITH
INTERIM APPLICATION NO.2014 OF 2022
The New India Assurance Co. Ltd. ….Appellant/Applicant
V/s.
Rajkumar Munnar Gaud & Anr. .…Respondents
----
Mr. Himanshu Takke i/by Mr. Milind More for the Appellant/Applicant.
----
CORAM : JITENDRA JAIN, J.
DATED : 23 January 2026
P.C. :
1. Admit on the following substantial question of law :
(i) Whether the Commissioner was justified in holding that there exists
employer-employee relationship between respondent no.1 and respondent
no.2 when the vehicle owned by one Mr. Uttam Bhosale and there is no
material on record to indicate that Mr. Pandurang Bhosale-respondent no.2
had employed with respondent no.1 ?
(ii) Whether the injury sustained by respondent no.1 constituted
“permanent disability” or “partial disability” and consequently, the Labour
Court was justified in coming to the conclusion that the same constitute
“permanent disability ?”
2. Issue notice to the respondents. In addition to the Court notice,
private notice is allowed by all permissible modes.
3. Records and Proceedings be called.
ppn 2 914.fast-33314.16.doc
4. Private paper book/joint compilation of documents to be filed and
served on all the parties within one year from today, failing which, the
appeal shall stand dismissed without further reference to the Court.
5. The appellant is permitted to serve by paper publication if physical
service fails. In view thereof, the interim application does not survive and
is disposed of.
(JITENDRA JAIN, J.)
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