1 S.B. Civil Misc. Appeal No.40/2008 Smt. Sayri & Ors. vs. Chandra Prakash. S.B. Civil Misc. Appeal No.40/2008 Smt. Sayri and others. vs. Chandra Prakash. Date : 16.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.M Patodia, for the appellants. Mr.M Pitaliya, for the respondent. - - - - - Heard learned counsel for the parties. The appellants are aggrieved against the order dated 1.11.2007 passed by the Workmen's Compensation Commissioner, Bhilwara by which the appellants' claim petition has been rejected on finding that the respondent Chandra Prakash was neither owner nor partner in the firm Milan Talkies where the victim died while working as labour. Learned counsel for the appellants submitted that the FIR was lodged by none else than Chandra Prakash and he is son of one of the partner as held by the Workmen's Compensation Commissioner in 2 S.B. Civil Misc. Appeal No.40/2008 Smt. Sayri & Ors. vs. Chandra Prakash. the impugned award. The deceased was labour and his wife submitted claim petition on the basis of the fact which came to her knowledge from the FIR. In that situation, before rejecting the appellants' claim petition, opportunity should have been granted to the appellant to implead the partners of the said Milan Talkies as non- applicants in the claim petition. It is also submitted that the Workmen's Compensation Commissioner itself should have impleaded those persons as parties when the evidence came on record that who were the persons responsible to pay the compensation because of death of the appellant's husband. In labour claim cases, where the poor persons are involved, the Workmen's Compensation Commissioner should also look into the facts and if any party is left out, then before rejecting the claim case, opportunity should be granted to the claimant for impleading party in the claim petition. The Workmen's Compensation Commissioner itself could have impleaded the parties who were necessary for deciding the claim case of the labour. 3 S.B. Civil Misc. Appeal No.40/2008 Smt. Sayri & Ors. vs. Chandra Prakash. In view of the above, this appeal is allowed, the order dated 1.11.2007 is set aside and the matter is remanded to Workmen's Compensation Commissioner, Bhilwara. Suresh Chandra Joshi, Ramesh Chandra Joshi, Chagan Lal Pandya and Satya Narayan Pandya may be impleaded as non-applicants in claim case no.9/99 and notice be issued to them and thereafter, the Workmen's Compensation Commissioner, Bhilwara will decide the claim case in accordance with law after giving full opportunity to both the parties. All the parties shall appear before the Workmen's Compensation Commissioner, Bhilwara on 17.2.2009. The record be sent to the Workmen's Compensation Commissioner, Bhilwara forthwith along with copy of this order. (PRAKASH TATIA), J. S.Phophaliya