Remanded

Aveena Milk Products Pvt. Ltd. v. Commissioner Employees Compensation and Ors.

Delhi HC3 Apr 2018W.P.(C)/3153/2018

Case brief

AI extract

What is this about?

The High Court of Delhi disposed of the writ petition by remanding the matter to the Commissioner, Employees' Compensation, for deciding the petitioner's application under Order 9 Rule 13 CPC filed to set aside an ex-parte compensation award.

What did the court decide?

The CEC directed to decide the application under Order 9 Rule 13 CPC filed on 26.12.2017 within 15 days from the date of the order.

Aveena Milk Products Pvt. Ltd. Vs Commissioner… — Service and Employment | Delhi HC (2018)

¶1

$~42

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

% Date of Judgment: 03.04.2018

¶4

+ W.P. (C) 3153/2018

¶5

AVEENA MILK PRODUCTS PVT. LTD. ..... Petitioner Through: Mr.Anup Trehan and Mr.Akarsh Bhalla, Advocates

¶6

versus

¶7

COMMISSIONER EMPLOYEES COMPENSATION AND ORS. ..... Respondents

¶8

Through: Ms.Palak Rohmetra, Advocate for Ms.Avnish Ahlawat, Advocate for R-1. Mr.R.K. Nain, Advocate for R-2.

¶9

CORAM: HON'BLE MR. JUSTICE VINOD GOEL

¶10

VINOD GOEL, J. (ORAL)

¶11

CAV 248/2018

¶12

Shri R.K.Nain, Advocate appears for respondent No.2/victim and as such the caveat is discharged.

¶13

CM APPL. 12524/2018 (Exemption)

¶14

Exemptions granted subject to all just exceptions.

¶15

The application stands disposed of.

¶16

Page 1 of 3

¶17

W.P. (C) 3153/2018

¶18

CM APPL. 12523/2018 (Stay)

¶19

This application is not pressed at this stage as learned counsel for the petitioner submits that he would be filing stay application before the Commissioner, Employee’s Compensation.

¶20

Application is dismissed as withdrawn.

¶21

W.P.(C) 3153/2018

¶22

Respondent No.2/victim having suffered injuries during the course of the employment with the petitioner had filed a petition for compensation before the Commissioner, Employee’s Compensation (in short ‘CEC’). The petition was allowed by ex-parte order dated 23.11.2017 against the petitioner. A sum of Rs.10,62,576/- as compensation was awarded with interest to respondent No.2 against the petitioner. Additionally, a sum of Rs.2,80,901/- was granted for medical expenses. The petitioner filed an application under Order 9 Rule 13 CPC for setting aside the ex-parte order dated 23.11.2017 before the CEC vide diary No.6551 on 26.12.2017. The original acknowledgment is on the record. Learned counsel for respondent No.2/victim has no objection in case the application is decided by the CEC in accordance with law.

¶23

In the circumstances, the CEC, Labour Department (South), Govt. of NCT of Delhi, is directed to decide the application filed by the petitioner on 26.12.2017 under Order 9 Rule 13 CPC in accordance with law within 15 days from today.

¶24

Page 2 of 3

¶25

W.P. (C) 3153/2018

¶26

Parties shall appear before the CEC, Labour Department (South), Govt. of NCT of Delhi, Pushp Bhawan, Pushp Vihar on 06.04.2018 at 11:00 AM.

¶27

Writ petition is disposed of accordingly.

¶28

Copy of the order be given dasti to learned counsel for the parties under signatures of the Court Master.

¶29

(VINOD GOEL)
JUDGE
APRIL 03, 2018
“DKB”

¶30

Page 3 of 3

¶31

W.P. (C) 3153/2018

Aveena Milk Products Pvt. Ltd. v. Commissioner Employees Compensation and Ors.

Case brief

What is this about?

What did the court decide?

Aveena Milk Products Pvt. Ltd. v. Commissioner Employees Compensation and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sudha Saxena Vs Union of India and Ors.

Indsynergy Limited Vs Union of India & Ors.

Arun Pratap Singh Vs State (Nct of Dlehi) & Ors.

Sh. Ashwani Kumar and Ors. Vs M/S Institute of Hotel Management, Catering and Nutrition, Pusa and Anr.

Tushar Ranjan Mohanty Vs Union of India and Ors.

Sh. Murari Thakur Vs Indian Convents School and Ors.

Ramesh Chander Vs Union of India and Ors.

Surat Singh Vs Union of India and Ors.

Management of Delhi Transport Corporation Vs Beg Raj Singh

New Smart House Keeping Solution Pvt. Ltd. Vs Parvez

Shanti Devi & Ors. Vs Food Corporation of India & Anr.

M/S. Kailash Ribbon Factory Ltd. Vs Vinod Pandey

Suraj and Anr. Vs Nbcc and Anr.

Sh. Surender Vs South Delhi Municipal Corporation