UOI Vs. RAM CHANDER

JUDGEMENT

(1.) This first appeal has been filed by the Union of India under Section 30 of the Employee's Compensation Act, 1923 impugning the order of the Commissioner dated 7.11.2008 by which compensation was granted on account of injuries to a casual workman Sh. Ram Chander who was working as a gangman with the Railways. I may note that Sh. Ram Chander has since expired and now he is being represented by his legal heirs.

(2.) The impugned orders in this case are dated 7.11.2008 and the subsequent order dated 19.1.2009 enforcing the impugned judgment dated 7.11.2008.

(3.) Before me, counsel for the appellant has argued two aspects. First is that in the present case, the accident in question happened on 1.5.1990 and the compensation claim petition was filed after a delay of more than 10 1/2 years, and therefore, such a delay could not be condoned by the Court more so for the reason that the employee had in the meanwhile approached the Central Administrative Tribunal and had secured employment with the Union of India to a lower post of a Khalasi. It is argued that the application for condonation of delay did not give any ground except the fact that applicant is a layman and does not know the law, and which ground is unsustainable in law. The second argument which is urged is that accident in question by which the workman Sh. Ram Chander received injuries happened on a public road when he was not on duty i.e the accident cannot be said to have happened arising out of and in a course of employment because the workman Ram Chander was on a public road on a private scooter while going back from duty.