LAWS(APH)-1995-5-6

MOHD. MOINUDDIN Vs. COMMISSIONER FOR WORKMENS COMPENSATION, HYDERABAD

Decided On May 13, 1995
MOHD. MOINUDDIN Appellant
V/S
COMMISSIONER FOR WORKMENS COMPENSATION, HYDERABAD Respondents

JUDGEMENT

(1.) This writ petition arises against an order in W.C. Case No. 7 of 89 (F), dated 14-11-1991 on the file of the first respondent.

(2.) Petitioners are the respondents in the said case W.C. No. 7 of 89 (F) on the file of the first respondent. The dependants of the deceased workman filed the said case seeking compensation on various grounds. It is stated that an ex parte order was passed by the Tribunal below on 24-7-1991 directing the petitioners for payment of Rs. 92,000.00 towards compensation. On coming to know that an ex parte order was passed by the Tribunal, the petitioners have filed an application seeking to set aside the ex parte order dated 24-7-1991. The said application was returned by the Tribunal to the petitioners on the ground that it has no jurisdiction, by an order dated 14-11-1991, against which the present writ petition is filed.

(3.) It is contended by Sri K. L. Narasaiah, learned counsel for the petitioners that the order dated 14-11-1991 returning the application seeking to set aside the ex parte order is illegal inasmuch as the Tribunal below has failed to exercise its inherent powers conferred on it. It is further contended that when the Tribunal has jurisdiction to pass an appropriate order, an application to set aside that order is failed, the Tribunal ought to have entertained that application and ought to have passed an appropriate order or merits instead of returning the same.