M/S RADHA FASTONERS Vs. MOHAN LAL

JUDGEMENT

(1.) This petition is directed against the order of the Commissioner under Workmens Compensation Act, 1923, dated March 18, 1988, whereby the application dated July 21,1987 for setting aside the ex-parte order dated Dec. 31, 1985, and the application dated March 6,1986, was dismissed.

(2.) The workman obtained an ex-parte order against the petitioner on Dec., 31, 1985. An application for setting aside the ex-parte order was Tiled on March 6,1986. This application was dismissed in default on April 9, 1986. The management moved second application on July 21,1987 for setting aside the order dated April 9,1986 as well as the earlier order dated Dec. 31, 1985. The learned Commissioner found that there was no explanation whatsoever for making the second application after more than one year and refused to restore the same.

(3.) Learned counsel for the petitioner submitted that it was the negligence of his counsel for which the petitioner should not be allowed to suffer. In support of his contention, he referred to 1981 J&K 95.