K.S.RATHORE, J. - (1.) BRIEF facts of the case are that the respondent No. 3 Madan Nath filed a claim petition before the Workmen Compensation Commissioner in the year 1992 stating therein that while working on crusher machine, he suffered injuries and become permanent disabled. Therefore, compensation as claimed by the respondent No. 3 has been awarded. The case of the petitioner is that the Om Prakash Singhal is the owner of M/s. Laxmi Stone Crushers and the petitioner is hot working as manager or looking after the affairs of firm M/s. Laxmi Stone Crushers. It is submitted that the award was passed ex -parte on 31.7.1998 without serving notice upon the petitioner to the tune of Rs. 26,216/ - along with interest.
(2.) SINCE , the aforesaid payment was not paid by the petitioner, therefore, the S.D.O., Ajmer vide its order dated 5.3.2001 has attached the marshal jeep bearing No. RJ -Q1 -7985 for recovery of the said amount. When the petitioner came to know about the ex -parte award moved an application on 1.5.2000 for setting aside the award. In the application the petitioner submitted that the petitioner is not working as manager, therefore, is not responsible for making payment of compensation, awarded by the Commissioner, Workmen Compensation, Ajmer. So far as fixing a liability upon the petitioner is concerned, the Commissioner has wrongly held the petitioner responsible for making payment of compensation and not the owner of firm M/s. Laxmi Stone Crushers.
(3.) MR . Ranveer Singh, put in appearance on behalf of respondent No. 3. It is not disputed that the claim petition was filed by him on 9.3.1992. It is denied that award, which has been passed ex -parte whereas notice was served upon the petitioner and the petitioner willfully and intentionally has not appeared before the Commissioner.;