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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SACHIN SINGH RAJPUT
Ashok Kumar Agrawal S/o Late Govind Ram – Appellant
Versus
Badka Dai Bairagi W/o Late Ghasidas Bairagi – Respondent
ORDER :
1. Heard.
2. This writ petition has been filed by the petitioner assailing the order dated 30.09.2019 passed by the learned Commissioner For Employees Compensation, Labour Court Raigarh (C.G.) (for short ‘Commissioner’) in Case No.16/E.C. Act/2016 (Miscellaneous), whereby an application under Order 9 Rule 13 of the Civil Procedure Code, 1908 (for short ‘CPC’) filed by the petitioner for setting aside an ex parte award dated 23.11.2012 in Case No.27/W.C. Act/2006 was rejected.
3. Learned counsel for the petitioner submits that the respondent No.1 filed an application under Section 10 of the Workmen Compensation Act, 1923 (for short ‘the Act of 1923’) seeking compensation on account of death of the deceased Thaneshwar Das Bairagi in an accident that occurred on 20.04.2005. As per the pleadings of the claim application, the deceased was employed as a driver with the petitioner. He further submits that deceased along with family members of the petitioner went to Kharsiya in the Car bearing Registration No. DL-2C-2151. He met with an accident and died. As per the further pleadings, the deceased was aged about 24 years and was being paid for Rs.4,000/- per month, as a driver. Thus,
The court affirmed the necessity for proper service of notice in legal proceedings and emphasized a liberal approach to delay in applications, prioritizing substantial justice.
Proper service of notice under Order 5, Rule 17 CPC is essential before proceeding ex parte, ensuring the right to a fair hearing is upheld.
The court emphasized that government departments must adhere to limitation periods and cannot claim undue advantages due to bureaucratic delays, reinforcing the principle of diligence in legal procee....
An application under Order IX Rule 13 CPC requires compelling reasons for absence; mere negligence does not justify setting aside an ex-parte decree.
The courts should adopt a liberal interpretation of 'sufficient cause' in matters of delay for appeals, especially concerning government litigants, to promote substantial justice.
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