(1) LEAVE granted.

(2) AN ex parte order was passed against the appellant and Respondent 2 by the Workmens Compensation Commissioner on 8/11/1993. On a recovery certificate being issued for the amount of Rs. 65,000.00 which was awarded as compensation, the District Nazir came to the appellants factory to execute the certificate on 26/9/1995 and it was then that the appellant came to know of the ex parte award. On 6/10/1995, the appellant made an application under Rule 41 of the Workmens Compensation (M.P.) Rules, 1962 read with Order IX Rule 13 Code of Civil Procedure for setting aside the ex parte award dated 8/11/1993 but the application was rejected on 28/6/1997. The appellant thereafter approached the High Court by a writ petition which has been dismissed on the ground that the appellant had an alternative remedy. The High Courts short order which does not indicate the alternative remedy available to the appellant reads as under:

"HEARD. As the petitioner has an alternative remedy, the petition is dismissed."

(3) A perusal of the Workmens Compensation Act indicates that an order passed by the Commissioner rejecting an application for setting aside an