P S METAL WORKS Vs. REZWAN ALI

JUDGEMENT

(1.) Invoking the extraordinary jurisdiction of this court under Articles 226 and 227 of the Constitution of India the petitioner has prayed for issue of a writ of certiorari for quashment of order dated 8.6.2000 passed in 9/97/WC/ NF by the Commissioner for Workmen's Compensation, Shazanabad, Bhopal.

(2.) The facts as have been unfolded are that the respondent No. 1 claiming himself to be an employee of the petitioner's establishment filed an application under the provisions of Workmen's Compensation Act, 1923 (hereinafter referred to as 'the Act') contending, inter alia, that he is employed by the petitioner as welder on monthly wages of Rs. 3,000 and while he was discharging his duties on 24.8.1995 in the evening an accident took place by which he sustained serious injuries. He claimed an amount of Rs. 6,03,200 towards compensation from the petitioner. While the main case was pending before the Commissioner, the respondent No. 2 herein, an application was moved on 6.10.1998 claiming a sum of Rs. 1,50,000 as an interim award. The Commissioner took the application for consideration and analysing the facts and circumstances of the case directed payment of Rs. 50,000 as compensation by way of an interim measure to the respondent No. 1. The said order is the cause of grievance of the present petitioner.

(3.) Assailing the impugned order Mr. Menon, the learned counsel for the petitioner has raised a singular contention that respondent No. 2 has no jurisdiction or authority to pass an interim award under the provisions of the Act or the Rules framed thereunder. In spite of service of notice there has been no appearance on behalf of respondent No. 1.