EX ENGINEER, NATIONAL HIGH WAYS Vs. COMMISSIONER, WORKMEN COMPENSATION

JUDGEMENT

(1.) BASHIR Ahmad son of Gulam Rasool Bhat resident of Thathri, Boda met with an accident on 10. 2. 1985 while in employment of the petitioner herein in kilometer 76 of Batote -Kishtwar National High way 1 -B and upon application filed by him he was found entitled to an award of Rs. 65,029.80 by the respondent No 1 vide his award dated. 18.7.1985. The petitioner herein filed an application for setting aside the ex -parte award on 16.8.1985 which was rejected by the respondent No. 1 vide the order now impugned in this writ petition. The petitioner invokes the jurisdiction of this court under Section 104 of the Constitution of the Jammu and Kashmir for quashing the award and order passed by the respondent No. 1 which are impugned in the petition on the grounds detailed in para 8 of the petition.

(2.) IN the objections filed on behalf of the respondent No. 2 it is submitted that as the petitioner has failed to avail of other alternative, efficacious remedy of appeal, this petition was liable to be dismissed. It is further submitted that the petition was not maintainable against the respondent No.1 under Section 104 of the Constitution of J & K. It submitted on fact that the petitioner was duly served but absented in the proceedings despite firstly appearing before the respondent No. 1. It is submitted that even on facts there were no justifiable grounds for setting aside the ex -parte award passed in favour of the respondent No. 2.

(3.) I have heard the learned counsel for the parties and have perused the record.