S.DHANASEKARAN Vs. SREE NITHYAKALYANI TEXTILE LTD

JUDGEMENT

(1.) The civil revision petition is directed against the fair and decreetal orders, dated 20.04.2009, passed in I.A.No.40 of 2008 in W.E.No.337 of 2005, on the file of the Commissioner for Workmen's Compensation (The Deputy Commissioner of Labour), Trichy.

(2.) Seeking compensation for the injuries sustained by him in the work place, it is found that the revision petitioner preferred W.C.No.337 of 2005 against the respondent and it is found that the said case ended in favour of the revision petitioner on 12.12.2007 and he had been found to be entitled to receive a sum of Rs.2,39,280/- as compensation for the injuries sustained by him in the work place with interest as determined in the abovesaid matter.

(3.) Now, according to the respondent, the abovesaid order which has been passed by the Deputy Commissioner of Labour is only an ex parte order and it is stated that though the respondent had been appeared before the Deputy Commissioner of Labour for hearing on earlier occasions, due to the communication gap and wrong noting of the hearing dates, was unable to appear before the said Authority subsequently and thereby, not aware of the hearing dates on the relevant dates and due to its non-appearance, the Authority had set it ex parte and passed the award in favour of the revision petitioner on 12.12.2007 and as according to the respondent - Company, it has a good case to defend and further, the revision petitioner is also not entitled to seek any compensation from it and thereby, prayed for to set aside the ex parte order by filing the application in I.A.No.40 of 2008.