MIR MANZOOR GAZANFAR Vs. STATE AND ORS.

JUDGEMENT

(1.) Commissioner under Workmen's Compensation Act, 1923 (Assistant Labour Commissioner) Srinagar, vide judgment dated 26.04.2014 has awarded compensation amounting to Rs. 7,09,826 (rupees seven lac nine thousand eight hundred twenty six) to be deposited with the said Authority within a period of 30 days. Petitioner (respondent before the Commissioner) filed an application under Order 9 Rule 13 CPC for setting aside the said ex-parte award dated 26.04.2014 which has been rejected by the Commissioner vide order dated 30.08.2014 by holding that the award is not ex parte. Sufficient time was granted to the respondent (petitioner) to prove the case but he did not choose to contest after causing his appearance has deliberately remained absent.

(2.) There being no remedy as against the order dated 30.08.2014 under Workmen's Compensation Act hence the instant petition.

(3.) Contention of the learned counsel for the petitioner is that the application under Order 9 Rule 13 of CPC was maintainable, the Commissioner has wrongly opined that the order is not an ex parte. It is a fact that the petitioner had appeared before the Commissioner but major portion of the proceedings and final order has been passed in his absence, therefore, has to be termed as an ex parte order.