C.R. No.3652 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No.3652 of 2007 Date of Decision: 11.3.2008 Manjit Singh .....Petitioner Vs. The Commissioner under the Workmen's Compensation Act, 1923 Ludhiana and others ...Respondents .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : Ms.Jai Shree Thakur, Advocate for the petitioner. Mr.B.S. Bali, Advocate for respondents no.3 to 6. ... RAJIVE BHALLA, J (Oral) Challenge in this revision is to orders dated 8.6.2007 and 26.10.2004 passed by the Commissioner under the Workmen's Compensation Act, 1923 and Labour-cum-Conciliation Officer,Ludhiana-2, An ex-parte award was passed against Manjit Singh s/o Harbans Singh, for payment of compensation to respondents no.3 to 5, for the death of Harchand Singh s/o Gurbachan Singh, allegedly working as a foreman. The Commissioner awarded Rs.3,38,880/- alongwith interest @ 6% p.a. from the date of death till the date of realisation The petitioner filed an application dated 26.10.2005 praying that the ex-parte award be set aside, as he was never served. It was also averred that the petitioner does not own or manage any plant in the name and style of M/s Mentha Plant at Village Alipur. The petitioner's factory bears the name M/s Baba Agro Chemicals and is located at Village C.R. No.3652 of 2007 2 Pholriwal. Vide order dated 8.6.2007, the Commissioner dismissed the application. I have heard learned counsel for the parties and perused the impugned order dated 8.6.2007, which reads as follows :- “The respondent has filed an application dated 26.10.2005 to set aside the ex-parte order dated 26.10.2004. Reply to the application was filed on dated nil. Arguments on the application heard today. I find no merit in the application. I therefore dismiss it. Recovery proceeding to continue.” While adjudicating disputes, a quasi-judicial authority is required to pass a speaking order. The order must disclose a due consideration of the facts, the arguments addressed and must set out the process of reasoning that lead to its conclusion. The impugned order discloses the absence of any of the above ingredients except for the conclusion and, therefore, liable to be set aside. In view of what has been stated herein above, the Civil Revision is allowed and the order dated 8.6.2007 is set aside. Parties are directed to appear before the Commissioner under the Workmen Compensation Act, 1923 and Labour cum-Conciliation Officer,Ludhiana-2, on 28.3.2008. The Commissioner shall. afford an opportunity to both parties, to file affidavits in support of their respective contentions and thereafter decide the application for setting aside the ex-parte award, within a period of three weeks' from the aforementioned date. C.R. No.3652 of 2007 3 Copy of this order be given dasti to the learned counsel for the petitioner on payment of usual charges. 11.3.2008 ( RAJIVE BHALLA ) GS JUDGE