FAO No. 158 of 2010 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. FAO No. 158 of 2010 Date of decision:20.5.2011 Surjit Kaur petitioner vs M/s Libra Motors Limited and ors respondent Present:- Mr. Navjeete Singh, Advocate. Mr. HS Sawhney, Sr. Advocate with Mr. RK Verma, Advocate. M.M.S.BEDI Delay in filing and refiling the appeal is condoned. A petition for compensation, filed by the appellant claiming compensation for the accidental death of Balwant Singh, son of the appellant, was dismissed in default on 21.7.2008. An application for restoration of the same was also dismissed on 9.3.2009. Through the instant appeal, a prayer has been made that the appellant may be given a fair opportunity to contest the case on merits and seek compensation in accordance with law. Learned counsel for respondent No.1 has vehemently opposed the appeal contending that sufficient ground had not been shown by the appellant for non appearance on the date of hearing. The plea that on account of road blockade due to heavy rain the appellant could not appear was not believed as the persons had been able to reach before the Commissioner, Workmen's Compensation -Cum- Assistant Labour Commissioner-4, Ludhiana ( for short 'the Commissioner ) After hearing learned counsel for the parties, I am of the opinion that the provisions of Workmen Compensation Act, 1923 are social FAO No. 158 of 2010 2 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 appellant should have been granted an opportunity to get the matter adjudicated upon merits. 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 appellant on merits by giving a fair opportunity to the appellant 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