GOBIND STONE CRUSHING COMPANY Vs. RAM BILAS

JUDGEMENT

(1.) THE petitioner-Company has preferred this revision petition against the order dated 26.11.1980 passed by the Senior Sub Judge, Gurdaspur (exercising the powers of Commissioner under the Workmen Compensation Act) (for short 'the Act') whereby the application filed by the petitioner-Company for setting aside the ex-parte order dated 13.12.198 passed under the Act was dismissed.

(2.) THE facts of the case are as under :- One Jugal Kishore is one of the registered partners of the petitioner-firm. Respondent Ram Bilas filed an application for compensation for suffering an injury during the course of his employment. An ex-parte order was passed on 13.12.1978 for payment of compensation to the respondent amounting to Rs. 14112/-. It has been alleged that the petitioner-firm came to know about the ex parte order when it received notice regarding the execution of the ex-parte order on 20/21.5.1979 and upon further enquiring from the Court on 2.6.1979. The petitioner firm alleged that it was never served in the case and its absence was not intentional and, accordingly, application for setting aside the ex-parte order has filed on 14.6.1979.

(3.) ON the pleadings of the parties, the following issues besides that of relief were framed :- "1. Whether there are sufficient grounds for setting aside the ex-parte order ? OPA 2. Whether the application is within limitation ? OPA 3. Whether the application is not maintainable ? OPR Senior Sub-Judge decided issue Nos. 1 and 2 against the petitioner-firm. Issue No. 3 was not pressed and was, accordingly, decided against the respondent. In view of its findings on issue Nos. 1 and 2, the trial Court dismissed the application.