SHREE RANISATI PROCESSORS (P) LTD. Vs. GAYATRI PANDA

JUDGEMENT

(1.) LEARNED counsel appearing for the petitioner -employer, opposite parties 1 to 3 claimants and opposite party no.4 ESI Corporation are present. Heard. In this writ application the petitioner has assailed the order dated 14.7.2008 at Annexure -4 passed by the Commissioner for Workmens Compensation -cum -Deputy Labour Commission, Cuttack in W.C. Case No. 137 -D/2005 rejecting petitioners application under Order 9 Rule 13 read with Section 151 C.P.C. to set aside ex parte judgment dated 12.2.2008.

(2.) THE impugned order reads as follows :

(3.) ACCORDINGLY , the writ application is allowed. Order dated 14.7.2008 passed by the Commissioner for Workmens Compensation -cum -Deputy Labour Commissioner, Cuttack in W.C. Case No. 137 -D/2005 is set aside. The matter is remanded to the learned Commissioner with a direction to consider and dispose of the application under Order 9 Rule 13 read with Section 151 C.P.C. filed by the petitioner afresh. Parties are directed to appear before the Commissioner on 7.12.2009 on which date the learned Commissioner shall fix a date for hearing on the petition so as to pass final order on the application under Order 9 Rule 13 C.P.C. within two months thereafter. Urgent certified copy of the order be granted on proper application. Application allowed.