Tarun Agarwala, J. - (1.) IT transpires that the Commissioner Workmen's Compensation issued an ex parte order and awarded compensation of Rs. 3,96,522 in a claim application filed by respondent Nos. 2 and 3, in W.C.A. No. 35 of 2008, pursuant to which a recovery certificate has been issued.
(2.) THE petitioner on coming to know about the ex parte order has filed a recall application which has been entertained and the Commissioner Workmen's Compensation while fixing 20.1.2009 has stayed the recovery proceedings by its order dated 7.1.2009. It transpires that on 20.1.2009 the presiding officer was on leave and consequently 17.2.2009 has now been fixed by the office as the next date for the hearing of the case. The petitioner has approached the writ court alleging that since the Presiding Officer was not available, the office has fixed another date but the interim order staying the recovery was only operative till 20.1.2009, which has not been extended and now the Amin is pressing for the recovery of the amount. Having heard the learned counsel for the parties, this petition is disposed of with the observation that once the authority stays the recovery proceedings till the next date of listing and for some reason or the other, the Court or the authority is not available and the case- is not taken up and the office of that Court or authority fixes another date, it does not mean that the interim order granted by the authority or the Court lapses automatically. The interim order to the effect that the stay would be operative till the next date of hearing will continue to operate till the next date of hearing even though, the Court or authority was not available on the date fixed.
(3.) IN view of the aforesaid, this Court is of the opinion, that the interim order granted by the Commissioner Workmen's Compensation dated 7.1.2009 would continue to operate till the next date of hearing. The writ petition is disposed of accordingly.;