R.L. Anand, J. - (1.) Jatinder son of Mr. Vishnu Dass has filed the present petition under Article 227 of the Constitution of India and he has prayed for the quashing of the impugned order dated 21.1.2000 passed by the learned Commissioner, under the Workmen's Compensation Act, Karnal, and for setting aside the ex -parte order dated 13.1.1994 and the final order dated 28.2.1995 passed by the said Commissioner mainly on the ground that petitioner -Jatinder is not a partner of M/s Vishnu Engineering Fabricator Works, Tikri -Kailash Road, Karnal, and he has been wrongly shown as respondent, No. 2 in the main petition filed by Sushil alias Sushil Kumar -respondent No. 1 (herein).
(2.) Some facts can be noticed in the following manner : - Sushil alias Sushil Kumar filed a claim petition before the Commissioner under the Workmen's Compensation Act against M/s Vishnu Engineering Fabricator Works, Tikri -Kailash Road, Karnal (hereinafter referred to as the firm) through its partners Jatinder and Raju alleging that they are the partners of the said firm. On the entertaining of the petition, a notice was sent to the parties while respondent No. 4 i.e. the National Insurance Company filed written statement. Nobody gave appearance on behalf of the firm and its partners, therefore, they were proceeded ex -parte. Ex -parte evidence was led on behalf of the claimants and finally the Commissioner found that a sum of Rs. 26,632/ - is due to the respondents and they were directed to deposit the said amount within 30 days from the date of passing of the order failing which further interest at the rate of 12% per annum was to be paid till the date of realisation. No relief was granted against the Insurance Company as the particulars of the insurance were not available with the claimants. The order of the Commissioner is executable as arrears of the land revenue.
(3.) Present petitioner has filed the petition for setting aside the ex -parte order dated 13.1.1994 and the final order dated 28.2.1995 which were also dismissed by the Commissioner on 21.1.2000. Aggrieved by these orders, the present petition has been filed.;