M.C. ANNAPPA Vs. SALVADAR JOHN PINTO

JUDGEMENT

(1.) This appeal is directed against the order, dated 23.08.2006 passed by the Labour Officer and the Commissioner for Workmen's Compensation, Uttara Kannada District, Karwar in WCA:SR-88/2000.

(2.) The facts of the case in brief are that the respondent claims that he was working in the Government Nursery on 10.11.1995. The appellants asked him to climb the tree and fell its branches. In the course of cutting its branches, he fell down and suffered multiple injuries of grievous nature. On his filing the claim petition, the Commissioner for Workmen's Compensation awarded a sum of Rs. 2,08,457/- with interest at the rate of 12% thereon.

(3.) Aggrieved by the aforesaid order, this appeal is filed by the concerned Government Officers. Sri. P. H. Gotkhindi, the learned HCGP appearing for the appellants submits that there is a delay of five years in filing this appeal; no good ground exists for the condonation of the delay. Worst of all , no orders are passed on the application for the condonation of delay. The Commissioner has proceeded to dispose of the claim petition on merits. The Commissioner's impugned order is therefore without jurisdiction, so submits Sri. Gotkhindi.