JUNIOR ENGINEER MANAGER NESCO LTD Vs. ZARINA BIBI

JUDGEMENT

(1.) Learned counsel for the petitioner is present. Heard.

(2.) In this writ application the petitioners have assailed the legality of the order/award dated 28th July, 2009 passed by learned Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, Cuttack in W.C. Case No. 211-D /2009, a proceeding for compensation under Workmen's Compensation Act (for short 'the Act').

(3.) It is submitted by the learned counsel for the petitioners that on receipt of application for compensation of Rs.10,00,000/- submitted by the opposite parties the learned Commissioner proceeded ex parte without issuance of notices to the petitioners, exempted the opposite parties from payment of Court fees, allowed their application for condonation of delay and held that the petitioners are liable to pay to the opposite parties award amount of Rs.3,32,580/- on account of death of deceased Muzibur Raheman due to injuries sustained in an accident arising out of and in course of his employment with the petitioners. It is strenuously contended that the learned Commissioner should have passed the impugned order without giving to the petitioners opportunity to contest the claim.