1. Award dated 30-12-2008 passed by the Commissioner under Workmen's Compensation Act (Assistant Labour Commissioner) Kishtwar, is called in question in this appeal. The authority has passed the award in the amount of Rs. 42.100/- as also interest for an amount of Rs. 11.100/-.

2. Heard learned counsel for the par#31;ties. Considered the matter.

3. Learned counsel for the appellant, after inviting attention of the court to the impugned award, submitted that it does not constitute a judgment in law. Learned counsel made a specific refer#31;ence to Rule 32 of the Workmen Com#31;pensation Rules, 1924 and submitted that neither the evidence has been re#31;ferred nor discussed and even no rea#31;son is recorded for passing of the award. Learned counsel further submitted that the matter be remanded to the author#31;ity with the direction that he will pass the award on the available material in accordance with law, more particularly with reference to Rule 32 of the aforemen#31;tioned Rules.

4. Confronted with the situation afore#31;mentioned, learned counsel for respon#31;dents in his fairness submitted that the matter be remanded to the authority and he be directed to pass an award on the available material in accordance with law. Learned counsel further submitted that the authority be directed not to entertain further evidence in the mat#31;ter and whatever material is available, fresh award be passed on that material. Learned counsel also submitted that the authority be directed to pass fresh award within stipulated period of time.

5. The award, which is impugned in this appeal, cannot be said to be a judg#31;ment within the meaning of law. Com#31;missioner under Workmen's Compen#31;sation Act is a quasi-judicial authority. Claims are being filed under the Workmen's Compensation Act, 1923 and when resisted by the other side, the authority is duty bound to allow the par#31;ties to adduce evidence in support of re#31;spective stand taken in their pleadings and thereafter has to consider the evi#31;dence,1 referred to it in the award and record his reasons for either allowing the application or disallowing it. Rule 32 of 1924 Rules has been observed in breach. The impugned award does not discuss the facts of the case, the evi#31;dence led is not referred to and no rea#31;son is recorded. This award cannot be said to be a judgment. This substantial question of law is involved in this ap#31;peal.

6. For the aforesaid reasons, this ap#31;peal is disposed of in the following man#31;ner:

The impugned award dated 30-12-2008 is set aside. The matter is re#31;manded back to the Commissioner under Workmen's Compensation Act (Assistant Labour Commissioner) Kishtwar, who is directed to pass fresh reasoned award in accor#31;dance with the mandate of law con#31;tained in Workmen's Compensation Act, 1923 and Workmen Compensa#31;tion Rules, 1924 and in light of the observations made in this judg#31;ment. While passing the fresh award, parties be afforded an oppor#31;tunity of hearing either in person or through their representatives. The authority to pass fresh award within one month from the date copy of this order is served upon them. Parties to appear before the author#31;ity on 23-8-2011.

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