SUBODH BHAGAT Vs. SAZADA KHATOON

JUDGEMENT

(1.) BY Court. Heard the parties.

(2.) THIS appeal by the owner of the vehicle, is directed against the order dated 12.3.2003 passed by the Commissioner, Workmen 'sCompensation, Ranchi in W.C. Misc. Case No. 2 of 2002, whereby he has rejected the application filed by the appellant for setting aside the ex parte Award passed in C.W.C. No. 30 of 2001.

(3.) AT the very outset, learned counsel for the respondents claimants raised objection with regard to the maintainability of the appeal against the order refusing to set aside ex parte Award passed by the Commissioner under Workmen's Compensation Act. Learned counsel drawn our attention to *Rule 41 of the Jharkhand Workmen's Compensation Manual. Learned counsel also relied upon two decisions reported in 2006 A.C.J. 2558 and 2005(3) T.A.C. 195. We find force in the submission of the learned counsel. Rule 41 of the Workmen's Compensation Rules, 1924 reads as under: