FAO 161 of 2010 (O&M) 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. FAO 161 of 2010 (O&M) Date of decision:20.5.2011 Nachhattar Kaur and another petitioner vs Bhim Sain respondent Present:- Mr. Navjeet Singh, Advocate. Mr. Puneet Jindal, Advocate. M.M.S.BEDI The application for compensation, filed by the appellants claiming compensation for the death of Gurpreet Singh was dismissed in default on 21.7.2008. An application for restoration of the application was dismissed on 9.3.2009 by the Commissioner, Workmen's Compensation -Cum- Assistant Labour Commissioner-4, Ludhiana ( for short 'the Commissioner ). The plea of the appellants that on account of heavy rain and road blockage they could not appear ,has been disbelieved. Learned counsel for the respondent has vehemently opposed the appeal contending that sufficient ground had not been shown by the appellants for non appearance on the date of hearing. After hearing learned counsel for the parties, I am of the opinion that the provisions of Workmen Compensation Act, 1923 are social and welfare legislation for the benefit of all the dependents of the injured or the deceased during the course of employment. In the interest of justice, the appellants should have been granted an opportunity to get the matter adjudicated upon merits. FAO 161 of 2010 (O&M) 2 Accordingly, the appeal is allowed, impugned order dated 9.3.2009 is set aside and the matter is remanded back to the Commissioner for adjudication of the application for compensation of the appellants on merits by giving a fair opportunity to the appellants as well as to the respondents. The parties are directed to appear before the Commissioner on 15.7.2011 for further proceedings. May 20 , 2011 (M.M.S.BEDI ) TSM JUDGE