IN THE HON’BLE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. FAO(WCA) No. 71 of 2006. Date of decision August 27, 2009. Sh. Surinder & others …Appellants. Versus Sh. R.P.Anand, Mining Lessee through his son Sh. Jagdish Anand and another …Respondents. Coram: The Hon’ble Mr. Justice Dev Darshan Sud, J. Whether approved for reporting?1 No. For the appellants Mrs. Jyotsna Rewal Dua, Advocate. For respondents 1& 2 Sh. Anand Sharma, Advocate. Dev Darshan Sud, J. (Oral). Appellants - claimants have filed this appeal under Section 30 of the Workmen’s Compensation Act against the award made by the Commissioner under the Workmen’s Compensation Act denying compensation to the claimants. On the pleadings of the parties, the Commissioner settled as many as six issues. However, the petition was dismissed on the ground 1 Whether Reporters of Local Papers are allowed to see the judgment? Yes. - 2 - that the widow of the deceased Sukha Devi did not step into the witness box and therefore, an adverse inference requires to be drawn against the petitioner. Learned counsel for the parties have made their respective submissions on the merits of the case. Prima facie, I find from a copy of the Parivar Register which has been placed on record that Sukha Devi has been recorded as wife of Shri Chet Ram. Without entering into the merits of the case, it is remanded to the Commissioner for trial afresh in accordance with law. He should have been alive to the fact that he was not determining the rights of the widow only but also the children who were minor at that time. This appeal was admitted on substantial questions of law 2 and 3 as filed with the grounds of appeal. These questions are answered in favour of the appellants. I am not giving any findings on the merits of the case. It will be open to the parties to lead such other or further evidence before the Commissioner so as to establish their respective claims. The Commissioner shall dispose of the petition without, in any manner, being influenced by any observations made by - 3 - this Court. Parties shall appear before the Commissioner on October 12, 2009. He shall make an endeavour to dispose of the entire case within four months from the date when the parties first appear before him. The appeal is accordingly disposed of. There shall be no order as to costs. August 27, 2009 (PC). (Dev Darshan Sud), J.