Sanjai Kumar Gaur vs M/S Uttam Modern Rice And Others
2023 Latest Caselaw 1030 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 44
 

 
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 174 of 2003
 

 
Appellant :- Sanjai Kumar Gaur
 
Respondent :- M/S Uttam Modern Rice And Others
 
Counsel for Appellant :- Anil Kumar Srivastava,Swarn Kumar Srivastava
 
Counsel for Respondent :- H.P. Mishra
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

This is a defective appeal of the year 2003. There is a huge delay of 230 days.

Delay condoned as the main ground is that claim petition once allowed on 13.5.1999 put it to review.

Learned Tribunal could not have set aside its own judgment and order as it was not having any powers of review.

Even before this Court, the respondents have absented themselves. The judgment and order is set aside. The earlier order dated 13.5.1999 is restored. The exercise under Section 30 of the Workmen's Compensation Act, 1923 will permit this Court to pass this order as it is very clear that review order is not only perverse and without any jurisdiction.

Accordingly, the appeal is allowed.

The record and proceedings be sent back to the Court below.

Order Date :- 10.1.2023

P.S.Parihar