KRISHNA HOTEL DHARWAD Vs. DEVALE NAYAK

JUDGEMENT

(1.) PETITIONER-KRISHNA Hotel is before me challenging the order passed by the 2nd respondent in No. WCA:misc. :cr:1/2003, dated 3-2-2004 vide annexure-F.

(2.) FACTS in brief are as under: petitioner is a proprietary concern. 1st respondent filed an application under Section 23 of the Workmen's Compensation Act, 1923, before the Commissioner for Workmen's Compensation, Hubli. It is the case of the 1st respondent that his son along with some other employees used to go to Nuchambli Bavi at the instruction of the employer to take bath as there was shortage of water in the hotel. On 1-8-2000, the deceased son of the 1st respondent went to Nuchambli Bavi and at the time of taking bath, he slipped into the well and later on he died. It was contended that the deceased son was employed by the petitioner with facilities of food and residential accommodation. 1st respondent being the dependent of the deceased son, claimed compensation of Rs. 2,50,000/- towards loss of earning and mental suffering and agony. Notice was issued. Matter was contested. 2nd respondent framed 6 issues. According to the petitioner, he did not frame issue relating to relationship of employer and employee. 2 witnesses were examined on behalf of the petitioner, respondent got examined one witness. Time was sought for leading evidence. Petitioner could not attend and lead evidence on 12-3-2003. Commissioner taking note of the absence of the counsel, posted the matter for passing of an order. No date was communicated. An order was passed on 28-5-2003 without hearing the parties and directed the petitioner to pay a sum of Rs. 1,13,190a with interest. On coming to know of the order an application was filed in misc. Application No. WCA Misc. CR 1/2003 under Order 9, Rule 13 of the CPC. Objections were filed. Matter was heard. After hearing the authority rejected the said miscellaneous application. Petitioner is before me challenging both these orders.

(3.) HEARD the learned Counsels appearing for the respective parties and perused the impugned orders.