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Workmen's Compensation Act (VIII of 1923)-. -- S. 30 (1)-Appeal---Order of Commissioner rejecting restoration application -- Not appealable - Limitation to start from ex parte order of Commissioner and not from order rejecting restoration application. H. A. Jafri, Bar-at-Law for Appellants. Date of hearing : 25th November, 1980. DECISION On 15th April, 1980, respondent Nawab Shah made an application under section 10 of the Workmen's Compensation Act, 1923, to the learn­ed Commissioner under the said Act, stating that he is the attorney of the guardians of one Ali Shah, who was an employee of the appellants and who died due to an accident arising out of and in the course of his employment with the appellants. Respondent, Nawab Shah, accordingly. claimed a sum of Rs. 15,000 as death compensation from the appellants, °' presumably under the provisions of Standing Order 10-B. Notice of this application was given to the appellants and they were required to file their objections. However, thereafter the appellants throughout remained absent in spite of the matter being adjourned from time to time. Accord­ingly, on 28th June, 1980, the learned Commissioner passed an order based on the unrebutted testimony of the respondent, directing the appellants to deposit a sum of Rs. 15,000 for payment to the heirs of the deceased compensation. 2. The appellants, on 26th July, 1980, submitted an application for setting aside of the ex parte order. The said application was supported by an affidavit of the Manager Administration of the appellants. The sole ground stated in the affidavit and his application for setting aside the exparte order was that the Manager was unable to attend the hearing after the filing of the written objections because of accute Labour problems at Sites of the appellants. No details of the labour problems were stated nor was it even asserted that there was no other person who could be deputed to look after the proceedings. Furthermore, the appellants failed, to attend the hearings of the restoration application in the result that the restoration application was rejected by the learned Commissioner by his order, dated 9th September, 1980. The appellants…

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