A.V. SPINNING MILL Vs. PRESIDING OFFICER, EMPLOYEES

JUDGEMENT

(1.) In compliance to the Order, dtd. 22/10/2019, a Demand Draft bearing No.468627, dtd. 27/10/2023 for a sum of Rs.25,000.00 has been brought in Court today. The same has been handed over to the Counsel for Respondents Nos.2 to 6 in original.

(2.) Prayer in the present Petition is for setting aside the impugned Order, dtd. 10/4/2017 (Annexure P1) passed by Respondent No.1 vide, which the Petitioners were proceeded against ex parte in the proceedings initiated by Respondents Nos.2 to 6 before the Commissioner under Employee's Compensation Act, Circle-1, Panipat, and further for setting aside the ex parte Award, dtd. 10/7/2017 (Annexure P2). A further challenge is made to the Order, dtd. 17/1/2018 (Annexure P5) vide which the application of the Petitioners under Order 9, Rule 13 of CPC has been dismissed.

(3.) Learned Counsel for the Petitioners has argued that the contesting Respondents Nos.2 to 6 had preferred an application before the Commissioner, Employee's Compensation Act, Circle-1, Panipat alleging that deceased Tirloki (husband of Respondent No.2 and father of Respondents Nos.3 to 6) was an Employee of the Petitioners and had died in an accident that took place of work and during course of his employment on 25/11/2016. It was alleged that the deceased Tirloki was working as a labourer with the Petitioners from the last 15 days and was a regular Employee of the Petitioner under the supervision of Ajay Gupta, Proprietor and Vijay Gupta. On 25/11/2016, when the Employees were working on their duty, fire spread out in the Factory at around 4:00 P.M. and Tirloki, the husband of the Respondent-Claimant as well as other Co-Employees could not find any escape from the same. Resultantly they were burnt to death. An FIR No.69, dtd. 25/11/2016, was also registered under Ss. 304/337/34 of IPC, 1860 at Police Station Sanoli qua the incident.