Yogendra Kumar Srivastava, J. - (1.) Heard Sri Akshat Sinha, learned counsel for the petitioner and Sri Mata Prasad, learned Standing Counsel appearing for the respondent nos. 1 and 2.
(2.) The present petition seeks to challenge the order dated 29.3.2019 passed by the Employees Compensation Commissioner/Assistant Labour Commissioner U.P. Gorakhpur whereby the application filed by the petitioner for recall of the orders dated 5.8.2016 and 28.7.2017 has been rejected.
(3.) Learned counsel for the petitioner has submitted that the orders dated 5.8.2016 and 28.7.2017 having been passed in proceedings which were exparte the same ought to have been recalled by the Employees Compensation Commissioner and the rejection of the recall application in the said circumstances is erroneous. The counsel for the petitioner has further sought to contend that even on merits the claim made by the claimant respondent was not sustainable.;