ORDER

Purushaindra Kumar Kaurav, J. (Oral)

1. The petitioners in the instant writ petition seek to challenge the ex- parte impugned order dated 03.04.2019 passed by the Commissioner, Labour Department, GNCTD, (hereinafter 'the Commissioner') awarding compensation to respondent No.1 under the provisions of the Employees Compensation Act, 1923 (hereinafter 'the Act'). The petitioners are also assailing the order dated 11.11.2021, whereby the petitioners' application under Order IX Rule 13 of CPC for setting aside the ex-parte award has been rejected.

2. Learned counsel appearing on behalf of the petitioners submits that the impugned award has been passed ex-parte and there is no material available on record to infer that notice of the claim petition filed by the respondent/original claimant was served upon the present petitioners.

3. Learned counsel appearing on behalf of the petitioners also points out that the husband of the claimant i.e. respondent no.1 was employed by Prasenjit Dolui, i.e. respondent No.2 in the present petition. He, therefore, submits that during the pendency of the claim petition and on a statement given by respondent No.2, the present petitioners were arrayed as p