AWADHESH MISHRA Vs. MALA SHARMA AND ORS.

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 30.01.2019 (Annexure-3 to the writ petition) passed by the Presiding Officer, Labour Court, Dhanbad in Misc. Case no. 41 of 2018 whereby the application preferred by the petitioner under Order IX Rule 13 of the Code of Civil Procedure (in short "C.P.C."?) read with Section 151 of C.P.C. for setting aside the ex-parte judgment/award dated 26.09.2017 (Anneuxre-1 to the writ petition) passed by the Presiding Officer, Labour Court-cum-Employee Compensation Commissioner, Dhanbad in W.C. Case No. 01 of 2015, has been dismissed.

(2.) The brief facts of the case is that on account of death of late Naresh Prasad Sharma, the respondents being his heirs filed a claim case under Sections 3, 4 and 22 of the Employees Compensation Act, 1923 in the court of the Presiding Officer, Labour Court-cumEmployee Compensation Commissioner, Dhanbad which was registered as W.C. Case No. 01 of 2015. The petitioner being the employer of late Naresh Prasad Sharma was arrayed as opposite party no. 1 in the said case. The petitioner was issued notice by the said court and thereafter he appeared before the court on 26.04.2016 through his lawyer who filed Vakalatnama on his behalf. Subsequently, no step was taken on behalf of the petitioner in the said case and finally judgment dated 26.09.2017 was passed holding inter alia that Mala Sharma (the respondent no.1 herein/the applicant no. 1 in W.C. Case No. 01 of 2015) was entitled to get the compensation to the tune of Rs.4,07,303/- along with simple interest @ 6 % per annum after one month from the date of death of the deceased i.e. 04.09.2014 till the date of actual payment. The petitioner being the opposite party no. 1 of the said case was held liable to pay the said compensation amount and he was accordingly directed to deposit the said amount with said interest within 60 days from the date of the order failing which he was held liable to pay simple interest @ 9% per annum from the expiry of 60 days till the date of actual payment. After lapse of about 11 months, the petitioner filed an application under Order IX Rule 13 read with Section 151 of C.P.C. for setting aside the ex-parte judgment passed by the Presiding Officer, Labour Court-cum-Employee Compensation Commissioner, Dhanbad and the same was dismissed vide impugned order dated 30.01.2019. Hence, the present writ petition.

(3.) Learned counsel for the petitioner submits that the Presiding Officer, Labour Court, Dhanbad committed a serious error of law in not setting aside the ex-parte judgment dated 26.09.2017 passed by the Presiding Officer, Labour Court-cum-Employee Compensation Commissioner, Dhanbad and same has caused serious prejudice to the petitioner. Learned Presiding Officer, Labour Court, Dhanbad should have appreciated the fact that the petitioner had sufficient reason before the said court to substantiate that he was prevented from appearing before the concerned court before passing the judgment dated 26.09.2017. If the ex-parte judgment dated 26.09.2017 is not set aside, the petitioner will suffer irreparable loss as he would be liable to pay compensation amount in terms with the said judgment without contesting the case. The petitioner had filed medical prescriptions in support of his contention that due to his bad health condition, he could not appear before the Labour Court-cumEmployee Compensation Commissioner, Dhanbad to contest the said case. As such, the impugned order dated 30.01.2019 passed by the Presiding Officer, Labour Court, Dhanbad may be set aside and direction may be issued to the said court to consider the petitioner's application filed under Order IX Rule 13 read with Section 151 of C.P.C. afresh.