SURESH KUMAR Vs. DARYAI

JUDGEMENT

(1.) THIS revision petition has been placed before the Division Bench in order to decide the question whether it is imperative for the Court in all cases to give a fresh notice to the defendant where the Advocate appearing for the defendant withdraws from the case or pleads no instructions.

(2.) BRIEF facts :

(3.) WORKMEN 's Compensation Act, 1923 (for short, the Act) is a piece of legislation enacted to provide for the payment by certain classes of employers to their workmen compensation for injuries etc. by accident. Chapter-II of the Act enumerates the employer's liability for compensation. Chapter-Ill deals with the Workmen's Compensation Commissioners. Section 22 contemplates making of applications for compensation. Section 24 relates to appearance of parties. It provides that any appearance, application or act required to be made or done by any person before or to a Commissioner may be made or done on behalf of such person by a legal practitioner. . . . . . . Section 32 as it stood prior to its amendment in the year 1950 empowered the Governor-General-in-Council to make rules to carry out the purposes of the Act. Workmen's Compensation Rules, 1924 have been framed under Section 32 of the Act. Part-V of the Rules specifies the procedure which is required to be followed by the Commissioner in disposal of the cases under the Act or the Rules. Rule 20 lays down that the applications referred to in Section 22 of the Act may be sent to the Commissioner by post or may be presented to him or any of his subordinates authorised by him. Rule 26 postulates issue of notice of the application filed by the applicant unless it is dismissed under Rule 24 or Rule 25. Rule 27 enables the opposite party to file written statement. Rule 28 relates to framing of issues. Rule 41 makes applicable a number of provisions of the First Schedule to the Code of Civil Procedure including those contained in Order 9 to the proceedings before the Commissioner. Proviso to this rule empowers the Commissioner to apply the provisions of the Code of Civil Procedure with such alteration as may be necessary for the purpose of decision of the application. He is also empowered to proceed otherwise than in accordance with the procedure prescribed in the Code of Civil Procedure if he is satisfied that interest of the parties will not be prejudiced. However, for doing so, there must exist sufficient reasons.