Civil Revision No. 106 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 106 of 2009 Date of decision : 11.1.2010 Daya Chand and others ....Petitioners Versus Babu Ram ..Respondent **** CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Gautam Kaile, Advocate for Mr. Rajiv Sharma, Advocate for the petitioners. Mr. Hari Om Attri, Advocate for the respondent. S. D. ANAND, J. The petitioners, along with their mother Mst. Rajwati who died during the pendency of the proceedings before the Commissioner under the Workmen's Compensation Act, filed a claim petition (No.9 of 2004) for compensation in respect of death of Sh. Haria who died in the course of his employment with the respondent. That application was dismissed by the competent authority in default on 23.5.2006. Their plea for restoration thereof was declined by the competent authority, vide order dated 28.3.2008 by observing that plea was not supported by an affidavit. It also weighed with the competent authority that the plea for restoration had been filed after about four months of the disposal of the application. It is apparent from the pleadings available on the record Civil Revision No. 106 of 2009 -2- **** that petitioners no.2 and 3 herein were minors at the relevant point of time and continue to be minor till date. Their plea could, obviously, not have been dismissed in default and the competent authority had to proceed to adjudicate upon the merits thereof. There was nothing compulsive on the part of the competent authority to dismiss the proceedings in default in view of the fact that it was a plea for compensation in respect of death of Haria in the course of the employment with the respondent. In such an eventuality, the authority charged with the responsibility of claim adjudication must refrain from dismissing such a plea in default and all efforts should be made to secure the presence of the claimants and/or to adjudicate upon the plea on merits thereof. The petition shall stand allowed. The impugned order shall stand set aside. The parties, through their learned counsel, are directed to appear before the competent authority on 22.1.2010. The competent authority shall proceed to adjudicate upon the claim petition. The disposal thereof must come about without six months from 22.1.2010. January 11,2010 (S. D. ANAND) Pka JUDGE