PRABANDHAK J K CAMICAL Vs. GITA NAYAK

JUDGEMENT

(1.) This petition under Article 227 of the Constitution, challenges the order dated 03.03.2015, whereby the Courts below has dismissed the application of the petitioner preferred under Order 9 Rule 13 of Code of Civil Procedure.

(2.) Shri Shrivastava, learned counsel for the petitioner contends that the petitioner-industry is working in the name and style of "G.K. Chemicals and Fertilizers Ltd." This company was purchased pursuant to an agreement from the erstwhile industry on 07.11.2010. The name of erstwhile industry was "HR Chemicals Ltd" . The present company started its function w.e.f. 28.09.2011.

(3.) The non-applicant No.1 filed a case No.14/2002 for grant of compensation under the provisions of the Workmen's Compensation Act, 1923. The Courts below proceeded ex parte and passed ex parte order dated 05.03.2012 against the employer.