GIANO DEVI Vs. COMMISSIONER WORKMENS COMPENSATION AND ANR.

JUDGEMENT

(1.) GIANO Devi, the Petitioner herein, filed an application before the Commissioner of Workmen's Compensation, Jammu, on June 7, 1974 purporting to be an application under Section 10 -A of the Workmen's Compensation Act, 1923 (herein -after referred to as the 'Act'). In this application it was stated that the Petitioner's husband Shriniwas Sharma was a workman employed by Jay Kay Gas and petrol pump, Gandhinagar, Jammu, Respondent No. 2 herein, and that the said Shriniwas Sharma received a personal injury by accident arising out of and in the course of his employment, which resulted in his death on April 10, 1973. It was further stated that a notice in writing was served upon the second Respondent on March 15, 1974 by registered post calling upon the second Respondent to pay compensation to the Petitioner and to her two, sons and a daughter, to which they were entitled by reason of the death of Shriniwas Sharma but that the second Respondent had not paid any compensation to the Petitioner. The Petitioner, therefore, claimed a compensation of Rs. 7,000/ - from the second Respondent and prayed that the Commissioner should pass an award for the said amount in favour of the Petitioner and against the second Respondent.

(2.) THE Commissioner thereupon issued a notice to the second Respondent calling upon the latter to appear before the Commissioner on July 12, 1974. The notice was served on the second Respondent on July 5, 1974 and in response to this notice a representative of the second Respondent appeared before the Commissioner on July 12, 1974 and prayed for time for filing his objections. The Commissioner granted time to the second Respondent till July 25, 1974 for filing the objections and the second Respondent actually filed his objections on August 27, 1974 denying his liability to pay any compensation to the Petitioner.

(3.) SECTION 10 -A of the Act under which the Petitioner is purported to have filed her petition dated June 7,1974 reads as follows: