IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.39 of 2003 BRANCH MANAGER, NATIONAL INSURANCE CO. LTD. NAGARPALICA CHOWK, CHAPRA. ………APPELLANT Versus 1.MOST.MALTI DEVI, W/O LATE MAHESH RAI VILLAGE MANPUR, P.O. DIGHWARA, P.S. DARIAPUR, Distt Saran 2.BIRENDRA SAH, S/O JAGNNATH SAH, VILLAGE POJHI BAZAR, SHONKUNDIH, P.O. PARSA, P.S. PARSA, DISTRICT SARAN. …………RESONDENTS 03. 22.07.2010 Heard learned counsel for the appellant and perused the LCR. None turned up on behalf of the respondents in spite of appearance and repeated calls for reasonably long period. This appeal has been preferred against order dated 26.12.2002 passed by Dy. Labour Commissioner-cum-W.C. Commissioner, Saran Division, Chapra in W.C. No. 58 of 200. The main contention of the learned counsel for the appellant is that by filing written statement, the appellant has contested the claim in such a case their contest, it was duty of the court below to refer the matter before Labaour Commissioner for determination, in view of the decision of this Court in a case, reported in 2003(2) PLJR 722, Most. Parmada Devi Vs. Bishwanath Singh. My attention was further drawn towards order dated 20.11.2002 of the court below by which finding the case contested one, it was referred for decision to the competent authority, but as it further appears by subsequent order dated 23.11.2002, the court below on prayer of owner without hearing other parties posted the 2 matter for orders on 04.12.2002, but finally allowed the claim vide order dated 26.12.2002, giving rise to this appeal From the above development, it appears that the court below once passed the final order regarding reference of the case to the competent authority, he had no authority to recall said order at least before doing so due notice to all the parties was required. This failure on the part of the court below alone is sufficient to make the impugned order unsustainable, accordingly it is set- aside, the appeal is allowed, matter is remitted to the court below for fresh order in accordance with law. Simultaneously, Courts concerned are also directed to proceed expeditiously and preferably disposed of the case within six months from the date of communication of the order. Office is directed to transmit the Lower Court Record to the court below along with copy of this order at once. Praveen ( Akhilesh Chandra, J.)