Supplementary affidavit filed today, is taken on record. A claim under section 20 of the Workman Compensation Act was made against the petitioner before the Prescribed Authority. The said claim has been allowed vide order dated 9.9.09. In pursuance thereof proceedings for recovering the amount awarded have been initiated. The allegation of the petitioner is that the order of the Prescribed Authority is an ex parte order and the petitioner acquired knowledge of the same only on the recovery being issued. Petitioner has applied for recall of the order of the Prescribed Authority. The said application of the petitioner after issuance of notice to the claimant is pending consideration. It is further submitted that the Act has been amended vide Workman Compensation Act, 2009 with effect from 18.1.2010 and it has been provided that now a Judicial Officer will discharge the functions of the Prescribed Authority. No Judicial Officer has been posted to function as Prescribed Authority. Therefore, The application for recall of the order of the Prescribed Authority dated 9.9.09 has remained pending.
Learned Standing counsel has accepted notices on behalf of respondent nos. 1,2 and 3.
Issue notice to respondent no. 4 returnable at an early date. List this case after six weeks'.
In the meantime, parties may file counter affidavit. Till the next date of listing no recovery pursuant to the order of the Prescribed Authority dated 9.9.09 shall be made from the petitioner.
Order Date :- 23.6.2010 SR