MADHURI DEVI Vs. MOHAN SINGH

JUDGEMENT

(1.) Heard learned counsel for the parties. This writ petition has been preferred on behalf of the petitioner/employer of the vehicle in question for setting aside the order dated 22.03.2006 by which the petition filed by the petitioner under Order IX Rule 13 of the C.P.C. praying therein for setting aside the ex-parte order dated 30.11.2005 passed in W.C. Case No. 13 of 2004 by the learned Presiding Officer, Labour Court, Bokaro Steel City has been dismissed. Further prayer has been made for setting aside notice dated 03.05.2006 (Annexure-6) issued by the Certificate Officer, Bokaro for payment of Rs. 1.66,800/- upon the petitioner/employer. The petitioner has further prayed for stay of notice no. 458 dated 01.02.2006 in W.C. Case No. 13 of 2004 issued by the Deputy Commissioner-cum-Workmen's Compensation Commissioner, Bokaro for payment of interest @ 12% on the awarded compensation amount.

(2.) However, learned counsel for the petitioner submits that he does not intend to press the prayer, which relates to quashing of the order by which his application under Order IX Rule 13 of the C.P.C. has been refused.

(3.) Further it is submitted by counsel appearing on behalf of the petitioner that from the impugned notice contained at Annexure-6 issued under Section 7 of the Bihar and Orissa Public Demand Recovery Act by the Certificate Officer, it appears that the amount of compensation i.e. Rs. 1,66,800/- has already been deposited by the Insurance Company is once again sought to be realised from the petitioner/employer herein, which is not sustainable in law and suffers from non application of mind.