HONOURABLE SRI JUSTICE S.RAVI KUMAR C.M.A.No.2935 of 2004 Dated 15-12-2014 Between:
B.Sujatha.
And:
..Petitioner.
Injam Nandu and others.
..Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR C.M.A.No.2935 of 2004 JUDGMENT:
This appeal is against orders dated 17-3-2004 in I.A.No.16 of 2003 in W.C.No.133 of 1999 on the file of Assistant Commissioner of Labour, Khammam whereunder the application filed by appellant herein under Order 9 Rule 13 to set aside the exparte order dated 7-2-2003 is dismissed.
Advocate for appellant submitted that the lower authority dismissed application filed under Order 9 Rule 13 on an erroneous approach without giving any opportunity to resist the claim of R.1 to R.3 herein who are the claimants.
I have perused the material papers.
As seen from the affidavit filed in support of the petition to set aside the exparte decree dated 7-2-2003, the appellant herein contended that she has not received summons from the lower authority and that she is not aware of the proceedings and for that reason, she could not appear before the authority. But as seen from the material papers, notice sent to appellant herein by registered post with acknowledgement due was received by her and a postal acknowledgement is received by the lower authority and basing on that, the lower authority proceeded with enquiry.
As seen from the main order dated 7-2-2003, the lower authority clearly recorded in its order that appellant herein received summons of the court dated 28-2-2002, through postal acknowledgment dated 9-4-2002 and in spite of that she did not choose to file any counter. Considering the same, lower authority observed that the reasons stated in the affidavit filed by the appellant for setting aside the exparte decree are not acceptable. As rightly pointed out, the learned Assistant Commissioner of Labour, Khammam has rightly dismissed the application I.A.No.16 of 2003 since the appellant failed to show sufficient cause for her absence before the lower authority for setting aside the exparte decree.
When the reasons stated by the appellant for setting aside the exparte decree are incorrect, as per record, lower authority is justified in not accepting the reasons assigned by appellant for setting aside the order dated 7- 2-2003. Further, as seen from the record, though the order is passed on 7-2-2003, she filed this application in September, 2003.
Considering all these aspects, I feel that there are absolutely no merits in the appeal and therefore, this appeal is liable to be dismissed.
Accordingly, this Civil Miscellaneous Appeal is dismissed.
As a sequel to the disposal of this appeal, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 15-12-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs C.M.A.No.2935 of 2004 Dated 15-12-2014