The Labour Commissioner is authorized to review ex-parte awards issued under the Workmen’s Compensation Act: J&K High Court

Case: Sahil Gupta Vs UT of J&K

Coram: Justice M.A Chowdhary

Case No.: WP (C) No. 1066/2020

Court Observation: “It appears that the Appellant, in order to circumvent the provision of deposit of the award impugned with the Commissioner, has, instead of filing the appeal, invoked the Writ jurisdiction of this Court by filing the instant Writ Petition…When an alternate efficacious remedy is available through the statutory Appeal, the High Court normally does not invoke the writ jurisdiction to decide the matter, which can be decided in appeal”.

“..the learned Commissioner appears to have committed an error by holding that the Commission has no powers of review and, thus, rejected the application for setting aside the ex-parte Award, though with the applicability of Order IX Rule 13 of the Code of Civil Procedure, which provides for setting aside of the ex-parte Decree/ Award, the Commissioner, in view of Rule 41 of the J&K Workmen’s Compensation Rules of 1972, was competent enough and had jurisdiction to consider the application for setting aside the ex-parte Award”

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The Labour Commissioner is authorized to review ex-parte awards