KALINDI COLLEGE Vs. KISHORE KUMAR

JUDGEMENT

(1.) C.M. No. 14009/2015 in FAO 243/2015 (Delay) There is 127 days' delay in re-filing the accompanying appeal. For the reasons stated in the application, it is allowed and the delay is condoned subject to cost of Rs. 500.00 to be deposited with the Delhi High Court Staff Welfare Fund. Application stands disposed of. C.M. No. 14006/2015 in FAO 243/2015 (Delay) There is 43 days' delay in filing the accompanying appeal. The reason put forth for the delay is that the appellant had exhausted the remedy of review, which resulted in the delay.

(2.) Sufficient cause is shown. The application is allowed and the delay is condoned. Application stands disposed of. FAO 188/2015 & C.M.No. 10745/2015 FAO 243/2015 & C.M.No. 14008/2015 FAO 105/2016 & C.Ms.No. 8405-8406/2016

(3.) The above captioned three appeals relate to an unfortunate incident of 6th July, 2010 in which a labourer-Suresh had died and another labourer-Kishore Kumar had sustained grievous injuries due to sudden fall of the lift in the Kalindi College where the construction work was going on in pursuance to an Agreement of 5th March, 2010 between appellants-Kalindi College and M/s. Global Engineering. An FIR relating to this incident was registered, though claim petitions were filed on behalf of the deceased-Suresh and by injured-Kishore Kumar after a delay of two years. The appellants-Kalindi College and M/s.Global Engineering knew about this unfortunate incident and they were under legal obligation to report it to the Commissioner under the Workmen's Compensation Act, 1923 in terms of Sec. 10-B of the aforesaid Act. Such a course was not adopted. A claim petition was filed by the legal heirs of the deceased and by injured-Kishore Kumar in June, 2014 which was allowed, in the case of deceased vide order of 4th Sept., 2014 and in the case of injured-Kishore Kumar vide order of 24th Oct., 2014.