- (1.) The instant writ petition has been filed by the petitioner to quash the judgment dated 22.4.2008 whereby an application filed under Order 9, Rule 13 CPC to quash the ex-parte award dated 11.10.2004 passed by the learned Workmen's Compensation Commissioner, Balotra in Case No.WC/F/20/2003 was rejected whereby an award of Rs. 4,20,000/- alongwith 20% interest was passed and penalty of Rs. 2,10,000/- was imposed against the petitioner.
(2.) As per the brief facts of the case, the son of the respondents nos. 3 and 4 late Sh. Prem Singh was working upon the crusher plant of the petitioner and died on account of serious injuries sustained to him when he was working in the plant. A claim petition under Workmen Compensation Act was filed by the respondents nos. 3 and 4 - parents of the deceased Prem Singh in which in spite of service through registered post, the petitioner - owner of the crusher did not appear before the Commissioner but his Manager filed a reply in which accepted the fact of death of Prem Singh upon the plant due to injuries sustained to him. After considering the entire evidence, the learned Workmen's Compensation Commissioner, Balotra passed an award to pay compensation in favour of parents respondents nos. 3 and 4 under the Act of 1923 on 11.10.2004. The petitioner moved an application for setting aside the ex-parte award in the month of Dec., 2004. The Commissioner, Workmen's Compensation, Balotra rejected the application vide order dated 22.4.2008 while giving finding that in spite of service of notice, the petitioner employer did not appear and its Manager filed reply in which he did not dispute the fact of incident in which son of respondents nos. 3 and 4 Prem Singh died.
(3.) The learned counsel for the petitioner submits that notice was not served properly upon the petitioner, therefore, ex-parte award was to be quashed upon the application filed by the petitioner but the learned Workmen's Compensation Commissioner, Balotra but he has arbitrarily rejected the application without considering the ground taken by him in the application in right perspective, therefore, the order dated 2.4.2008 may kindly be quashed.;