IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 576 of 2009. Date of decision: 9.8.2010 Sintex Industries Limited Petitioner. Versus Phool Kumar. Respondent. Coram The Hon’ble Mr.Justice Deepak Gupta, J. Whether approved for reporting?1 No. For the petitioners: Mr. Rahul Mahajan, Advocate. For the respondent: Mr. Ramakant Sharma, Advocate. Per Deepak Gupta, J. (Oral) This petition is directed against the order dated 31.8.2009 whereby the application filed by the petitioner for setting aside the ex-parte proceedings was dismissed. The undisputed facts are that the respondent filed an application for grant of compensation under the Workmen’s Compensation Act. The petitioner was served in the said matter through one Shri Ashish Kumar but did not appear before the Tribunal, who proceeded against the employer- petitioner ex-parte. An application was filed for setting aside the ex-parte proceedings on the ground that there had been some communication gap between Ashish Kumar and the 1 Whether the reporters of the local papers may be allowed to see the Judgment?Yes. 2 Company. This application has been dismissed. Hence, the present petition. Without going into the matter in detail, I feel that the interest of justice will be served if one opportunity is given to the employer to contest the petition. This Court always favours the settlement of the dispute in the presence of all parties. Therefore, the order dated 31.8.2009 is set-aside and the petitioner is permitted to contest the petition under Section 4 of the Workmen’s Compensation Act, subject to the following conditions:- 1. The petitioner shall pay costs to the workman, which are assessed at Rs.5,000/-. 2. The petitioner shall file its written statement, if not, already filed on the date fixed for appearance before the Commissioner Workmen Compensation, who shall frame issues on the same date and fix the case for further evidence, if any, to be led on behalf of the workman. It is made clear that the petitioner shall bear the expenses of the witnesses including the workman who are recalled for cross-examination. 3. The Workmen Compensation Commissioner shall ensure that short dates are given and that the matter is disposed of as early as possible and in any event not later than 31st December, 2010. In case the costs are 3 not paid on the date fixed before the Workmen Compensation Commissioner the present petition shall be deemed to have been dismissed. The parties are directed to appear before the Workmen’s Compensation Commissioner on 30th August, 2010. Dasti copy. 9th August, 2010 (Deepak Gupta), J. ™