RAJAN AND ANOTHER Vs. DARSHAN

JUDGEMENT

(1.) This Civil Revision Petition No. 328 of 1989 has been directed against Order dated 3.9.1988 passed by the learned Additional District Judge, Ropar whereby he has affirmed the order of the return of the plaint of the petitioner by observing that the award dated 30.5.1984 passed by the Court of Workmen Compensation Commissioner, Ropar cannot be challenged in the Civil Court.

(2.) Brief facts of the case are that Darshan Singh respondent was employed by the petitioner on daily wages of Rs. 20/- for wheat thrashing on 28-29.4.1980. It was on 29.4.1980 at 4.00 p.m. while thrashing the wheat that his right hand got crushed in the drumi. This accident took place during the course of the employment. The petitioner did not pay any compensation to the respondent which compelled him to file a petition before the Workmen Compensation Commissioner, Ropar on 21.8.1980. The said petition was allowed on 30.5.1984 and the amount of compensation i.e. Rs. 48,510/- (Rs. 32,340/- under Section 4 Schedule IV and penalty of 50% of such amount under Section 4-A Rs. 16,170/-) was awarded.

(3.) The petitioner filed objections against the award of the Commissioner which was sought to be executed by the respondent. The review petition was also dismissed on 4.4.1986. After seven months of the dismissal of the petition, the Civil Suit was filed on 19.11.1986 for declaration to the effect that the award dated 30.5.1984, passed by the Commissioner Workmen Compensation, Ropar was null and void and the same was in violation of the prescribed provisions of the Workmen Compensation Act 1923. The said suit was contested by the parties.