1. Giano Devi, the petitioner herein, filed an application before the Commissioner of Workmens Compensation, Jammu, on June 7, 1974 purporting to be an application under section 10-A of the Workmens Compensation Act 1923 (hereinafter referred to as the Act). In this application it was stated that the petitioners husband Shriniwas Sharma was a workman employed by Jay Kay Gas and Petrol Pump, Gandhi Nagar, Jammu, respondent No. 2 herein, and that the said Shriniwas Sharma received a personal injury by accident arising out of and in the course of his employment, which resulted in his death on April 10, 1973. It was further stated that a notice in writing was served upon the second respondent on March 15, 1974 by registered post calling upon the second respondent to pay compensation to the petitioner and to her two sons and a daughter, to which they were entitled by reason of the death of Shriniwas Sharma but that the second respondent had not paid any compensation to the petitioner. The petitioner, therefore, claimed a compensation of Rs. 7,000/- from the second respondent and prayed that the Commissioner should pass an award for the said amount in favour of the petitioner and against the second respondent.

2. The Commissioner thereupon issued a notice to the second respondent calling upon the latter to appear before the Commissioner on July 12, 1974. The notice was served on the second respondent on July 5, 1974 and in response to this notice a representative of the second respondent appeared before the Commissioner on July 12, 1974 and prayed for time for filing his objections. The Commissioner granted time to the second respondent till July 25, 1974 for filing the objections and the second respondent actually filed his objections on August 27, 1974 denying his liability to pay any compensation to the petitioner.

3. It was however contended on behalf of the petitioner that the objections filed by the second respondent should not be entertained by the Commissioner as they were filed beyond the period of thirty days from the date of the Service of the notice issued by the Commissioner to the second respondent. The Commissioner adjourned the petition to September 10, 1974 for hearing arguments on the question whether the petition filed by the petitioner was one under section 1OA of the Act and whether the second respondents objections filed after a period of thirty days from the date of the service of the notice could be entertained by the Commissioner. After hearing arguments, the Commissioner passed an order dated October 12, 1974 holding that the petition filed by the petitioner was not one under section 10A of the Act and that the said petition could be disposed of only after recording evidence of both the parties. It is against this order of the Commissioner that the present revision petition has been filed.

4. Section 10A of the Act under which the petitioner is purported to have filed her petition dated June 7, 1974 reads as follows:-

"(1) Where a Commissioner receives information from any source that a workman has died as a result of an accident arising out of and in the course of his employment, he may send by registered post a notice to the workmans employer requiring him to submit, within thirty days of the service of the notice, a statement, in the prescribed form, giving the circumstances attending the death of the workman, and indicating whether, in the opinion of the employer, he is or is not liable to deposit compensation on account of the death.

(2) If the employer is of opinion that he is liable to deposit compensation, he shall make the deposit within thirty days of the service of the notice.

(3) If the employer is of opinion that he is not liable to deposit compensation, he shall in his statement indicate the grounds on which he disclaims liability.

(4) Where the employer has so disclaimed, liability, the Commissioner, after such inquiry as he may think fit, may inform any of the dependants of the deceased workman tha

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