Full Judgment
I.A. Ansari, J.
1. Heard Mr. B.L. Singh, learned Counsel for the appellant, and Mr. J. f Hussain, learned Counsel appearing on behalf of the State respondents.
By the impugned order, dated 28.10.2003, passed by the Commissioner for Workmen's Compensation, West Kameng and Tawang District, Bomdila, the appellant was directed to deposit the amount of compensation determined under Section 10(b) of the Workmen's Compensation Act. Pursuant to the impugned order, dated 28.10.2003, the appellant has already deposited the amount of Rs. 4,23,486. Subsequent to the making of the said deposit also, several other orders have been passed by the Commissioner, Workmen's Compensation, directing, inter alia, the deposit of an amount of Rs. 22,233. The appellant has accordingly deposited the said amount of Rs. 22,233 too.
It, now, transpires that the impugned order, dated 28.10.2003, was passed on the basis of an application for compensation made by the respondent herein. However, before determining the compensation and passing the award on the application said to have been made by the respondent, no a notice was given to the respondent, as employer by the Commissioner, Workmen's Compensation, West Kameng and Tawang District, Bomdila.
In view of the fact that the determination of the amount of compensation and also the award thereof to the respondent was made without according any opportunity of showing cause or hearing to the appellant, the b impugned order, dated 28.10.2003, aforementioned and orders passed thereafter, in this regard, cannot be allowed to stand good on record.
In the result and for the foregoing reasons, this appeal partly succeeds. The impugned order, dated 28.10.2003, is hereby set aside and the matter is remanded to the Commissioner, Workmen's Compensation, West Kameng and Tawang District, Bomdila, Arunachal Pradesh, to proceed with the matter after duly notifying the parties to the proceeding. The necessary notices, in this regard, shall be served to the parties concerned within a period of one month from the date of receipt of this order along with relevant records by the Commissioner, Workmen's Compensation, West Kameng and Tawang District, Bomdila, Aurnachal Pradesh.
Before parting with this appeal, it is made clear that the amount(s) deposited by the appellant shall remain pending with the Commissioner, Workmen's Compensation, West Kameng and Tawang District, Bomdila and may be disbursed after making due inquiry as envisaged under the Workmen' Compensation Act, 1923.
Let the LCR be sent back.