FIELDSPARES SALES AND SERVICES Vs. ASHVINI KUMAR THAKUR

JUDGEMENT

(1.) HEARD on M.C.P. No. 1706/2006, an application for condonation of delay in filing this appeal, as the instant appeal has-been preferred with a delay of 314 days, as per office note dated 4-9-2006.

(2.) LEARNED Counsel for the appellant submitted that immediately after the award was passed certified copy of the impugned award was obtained on 29-8-2005 and the same was sent to the Head Office by Bilaspur Branch along with papers vide Annexure A-2 and thereafter, a reminder was sent on 4-1-2006, vide Annexure P-4. However, the Head Office communicated that the case file is misplaced due to shifting and in the meanwhile, R.R.C. was issued on 19-6-2006. Ultimately, the case filed was traced on 29-8-2006, at Nagpur and appeal was filed on 2-9-2006 after depositing the sum awarded before the Court below. Affidavit in support of this application has been filed.

(3.) EVEN otherwise for entertaining an appeal by an employer, the appellant has to demonstrate that a substantial question of law is involved in the appeal. The only substantial question of law agitated by learned Counsel for the appellant is that the accident occurred at Wardha (MS) and the application for compensation has been filed by the workman in Bilaspur, whereas, as per Rule 3 of the Workmen's Compensation (Venue of Proceedings) Rules, 1996 (for short 'Rules, 1996') application under Section 19 or Section 22 of Workmen's Compensation Act, 1923 (for short 'the Act') is to be processed before the Commissioner for the area in which the accident took place which resulted in the injury. Therefore, the whole proceedings before the Court below is vitiated for want of territorial jurisdiction.