KHUB RAM Vs. TULSI DEVI

JUDGEMENT

(1.) This writ petition challenges the award rendered by the Commissioner, Workmen's Compensation, who on finding that the deceased Mr. Mohinder Singh Negi was killed during the course of his employment granted compensation by his award and held the petitioner liable to pay compensation of Rs.2,05,950.00. This award is challenged in this writ petition on the ground that the proceedings proceeded ex-parte and the petitioner was never served. In fact, this is a ground on which learned Single Judge issued notice on 19th December, 2001. The relevant portion of the award which deals with the service on the petitioner reads as follows:-

(2.) The petitioner has sought to challenge these findings and in the writ petition petition the only averment is about the report of the Police Station, Punjabi Bagh in paragraph 8 and there is no averment about the finding about the service through Labour Department in the impugned order. However, the learned counsel for the petitioner submitted that this service through Labour Department was challenged by way of an application under Order 9 Rule 13 C.P.C. filed before the Commissioner, Workmen's Compensation on 9th May, 2001 which has not been disposed of by the Commissioner, Workmen's Compensation because of the pendency of the writ petition in this Court. In the interest of justice and considering the fact that the respondents who are the legal heirs of the deceased are without any succour or sustenance since 1988, I am considering the averments in the said application filed by the petitioner, in this Court so as to avoid the further delay.

(3.) The averments regarding the Police Station, Punjabi Bagh in paragraph 8 of the writ petition read as follows:-