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Judgment
CAV 248/2018
Shri R.K.Nain, Advocate appears for respondent No.2/victim and as such the caveat is discharged.
CM APPL. 12524/2018 (Exemption)
Exemptions granted subject to all just exceptions.The application stands disposed of.
CM APPL. 12523/2018 (Stay)
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.
Application is dismissed as withdrawn.
W.P.(C) 3153/2018
1.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.
2.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.
3.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.
4.Writ petition is disposed of accordingly.
5.Copy of the order be given dasti to learned counsel for the parties under signatures of the Court Master.