FIRM BANSAL GINNING & OIL MILL, SRI GANGANAGAR Vs. COMMISSIONER UNDER WORKMAN COMPENSATION ACT SRI GANGANAGAR & ORS

JUDGEMENT

(1.) This intra court appeal is directed against order of learned Single Judge of this Court, whereby the writ petition preferred by the petitioner assailing the validity of order dated 9.10.2007 of Commissioner, Workman Compensation Act, Sri Ganganagar (referred to as 'the Commissioner' hereinafter), rejecting the application preferred by the appellant under Order 9 Rule 13 read with Section 151 CPC accompanied by an application under Section 5 of the Limitation Act, stands dismissed.

(2.) The respondent no.2, a workman was employed with the petitioner industrial unit, as Sarjan Fitter. On 04.01.2002, when he was repairing the machine, his right arm was crushed in the machine and, therefore, he filed a claim petition before the Commissioner against the appellant and one Shri Om Prakash, the respondent no.3 herein, claiming compensation under the provisions of the Workmen's Compensation Act, 1923 (for short 'the Act') quantified at Rs.1,56,974/-. Despite service, the appellant did not appear and, therefore, the matter was proceeded ex parte against it. The claim petition was contested by the respondent no.2 herein. On the basis of the pleadings of the parties, the Commissioner framed the issues and the parties led their evidence. After due consideration of the evidence on record the Commissioner found the appellant herein liable to pay a sum of Rs.1,77,904/- as compensation to the respondent-workman.

(3.) The appellant preferred an application under Order 9 Rule 13 read with Section 151 CPC for setting aside the ex parte decision dated 31.8.2006 as also order dated 29.10.2005, whereby an order proceeding ex parte was passed against it. Since, the application preferred as aforesaid was barred by limitation, the appellant also prayed for condonation of delay by way of an application preferred under Section 5 of the Limitation Act.