SUPERINTENDING ENGINEER Vs. MOHAMMAD SHAFI MAGRAY

JUDGEMENT

(1.) THE respondent Mohammad Shafi Magray had filed petition under workmen's Compensation Act, for short the Act, for grant of compensation. The exparte proceedings were drawn against the appellants and accordingly an award in exparte dated 7th November, 2000, came to be passed by Commissioner under Workmen's compensation (Assistant Labour Commissioner), Kupwara in favour of the claimant/respondent No. 1 and against the appellants/respondents in the main petition.

(2.) IT seems that appellants have filed an application in terms of Order 9 Rule 13 CPC for setting aside the exparte award which has been dismissed by Commissioner under Workmen's Compensation (Assistant Labour Commissioner) Kupwara, vide order dated 7th April, 2001. The appellants have assailed the exparte award dated 7th november, 2000 and order dated 7th April, 2001 by the medium of this appeal. Be it noted that in the memo of appeal the date of award and date of order, dismissing the application for setting aside the exparte proceedings, have been wrongly shown as 07. 04. 2000 and 01. 11. 2000, while as the actual dates are 07. 11. 2000 and 07. 04. 2000, respectively.

(3.) THE following substantial question has been framed by this Court vide order dated 17th May, 2002;-