Tripura High Court
Unknown vs For The on 12 May, 2022
Author: Arindam Lodh
Bench: Arindam Lodh
Page 1 of 2
HIGH COURT OF TRIPURA
AGARTALA
MFA(FA) 2 OF 2022
Present:
For the appellant (s) : Mr. N. Majumder, Advocate.
For the respondent (s) : Mr. S. Lodh, Advocate.
Mr. Samarjit Bhattacharjee, Advocate.
HON'BLE MR.JUSTICE ARINDAM LODH 12.05.2022 Order At the outset this court should clarify that the instant appeal was registered as MFA, but, on inspection by the Registry, it is found that it ought to have been registered as RSA (Regular Second Appeal).
Accordingly, the nomenclature of the case has been changed from MFA(FA) to RSA and the Registry is directed to convert the case into RSA.
From the submissions of learned counsels appearing for the parties as well as from the records, it appears that the respondent No.3 who was the Contractor in the meantime died under whom Dharma Bhakta Jamatia and Rabindra Hari Jamatia were the workmen.
Since the respondent no.3 was a mere Contractor, but, the TSECL was the principal employer, the liabilities if any, shall be fastened with the principal employer and in this situation, the Contractor has no role. As such, there is no need to substitute the legal representatives of the deceased respondent no.3.
Since the matter has been converted into RSA, the order dated 07.03.2022 is hereby recalled as the matter was admitted on that day on the pretext that it was first appeal. Now, the matter should be listed for Page 2 of 2 admission to decide whether the instant second appeal contains any substantial question of law.
List the matter on 23.05.2022 for hearing on admission.
JUDGE