M/S Indian Oil Corporation Ltd. ... vs Asstt. Labour Commissioner And 6 ...
2016 Latest Caselaw 6426 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 58
 

 
Case :- WRIT - C No. - 48355 of 2016
 
Petitioner :- M/S Indian Oil Corporation Ltd. (Vipran Vibhag)
 
Respondent :- Asstt. Labour Commissioner And 6 Others
 
Counsel for Petitioner :- Ran Vijay Singh
 
Counsel for Respondent :- C.S.C.
 
Hon'ble Ashwani Kumar Mishra,J.

It is stated that an ex parte award was passed by the Commissioner, Workmen's Compensation  on 11.3.2016. An application for recall was filed on behalf of the petitioner stating that counsel has died and, therefore, his absence was not intentional. This application was allowed on 20.7.2016 with a condition to deposit Rs.25,000/- as damages. This order since had not been complied with, therefore, by a subsequent order passed on 17.8.2016, the order dated 20.7.2016 has been rejected. It is argued that on 20.7.2016 date was fixed for 16th of August 2016. However, the case was not called out and without fixing any next date  the case was not taken on the very next date and the impugned order was  passed.

Considering the facts and circumstances and submissions advanced, this petition is being disposed at this stage itself without inviting any counter affidavit from the private respondents as it would further delay the proceedings. However, liberty is given to the respondents to apply for recall of this order if they feel so aggrieved. 

Apparently, this Court finds that date was fixed in the matter on 16.8.2016 and without fixing any further date, the authority concerned recalled its order dated 20.7.2016. Thus, in the facts and circumstances, it would be appropriate to restore the proceedings pursuant to the order dated 20.7.2016 provided the petitioner deposits a sum of Rs.1 lakh with authority concerned, within a period four weeks from today. In case such an amount is deposited 50 per cent thereof shall be released to the claimants after furnishing security which shall be other than cash or bank guarantee and the authority concerned shall proceed in terms of the order 20th of July 2016 without granting any unnecessary adjournment to either of the parties. In case the condition aforesaid is not complied with, this order shall be deemed to have been withdrawn without any further reference to the Bench.

Order Date :- 4.10.2016

Ram Murti