FAO No.2769 of 2009 [1 ]
IN THE HIGH COURT FOR THE STATES OF PUNJAB &
HARYANA AT CHANDIGARH
...
FAO No.2769 of 2009(O&M)
Decided on : June 03, 2009
M/s Star Track Engineers
… Appellant
VERSUS
Pushpa
… Respondents
CORAM : HON’BLE MR.JUSTICE A.N.JINDAL
Present: Mr.Rajeshwar Singh Thakur,
Advocate for the appellant.
A.N.JINDAL, J.-
Exparte award dated 31.12.2007 for a sum of Rs.53,969/- had
been passed by the Workmen Compensation Commissioner-cum-Assistant
Labour Commissioner, SAS Nagar Mohali, in favour of Pushpa –
respondent/workman, against which an application for setting aside the
exparte award was filed on 4.8.2008 by the appellant Firm, which was
dismissed on 29.4.2009.
Heard.
On perusal of the impugned order, it transpires that the
appellant Firm was not fair in their conduct after it put in appearance
through its proprietor, before the Commissioner. He took several dates for
filing the reply and, thereafter, he absented himself. Consequently, it was
proceeded exparte and the impugned award was passed on 31.12.2007.
FAO No.2769 of 2009 [2 ]
Then again during the execution proceedings, it filed an application for
setting the exparte award after eight months of the passing of the impugned
award. In the circumstances, the appellant Firm does not deserve any
leniency.
No ground to condone the delay.
Even otherwise, there are no ground to interfere in the
impugned award, which is passed on proper appreciation of the evidence
led before the Commissioner.
Dismissed.
June 06, 2009 ( A.N.JINDAL ) `gian' JUDGE