DIVL MANAGER NATIONAL INSURANCE CO Vs. MANI

JUDGEMENT

(1.) The order of the Workmen's Compensation Commissioner is dated 13th August 1991. A gist of the order was communicated to the petitioner on 17-1-199"2. Petitioner applied for a certified copy of the order on 20-1-1992, which was ready on 4-5-1992 and issued on 6-5-1992 at a time when the court was closed for the summer holidays. The appeal was filed on 23-5-1992. If the time taken to obtain a certified copy of the order from 20-1-1992 to 6-5-1992 is excluded in the computation of the period of time for appeal, the appeal is in time. But if the time is reckoned from 17-l-1992 without such exclusion as staged by the office, the appeal is out of time. It has been held by this court in Vijayaraghavan v. Velu 1973 KLT 333 that the provisions of the Code of Civil Procedure apply to appeals under S.30 of the Workmen's Compensation Act as the appeal lies to an established court. The provisions of O.41 R.1 of the C.P.C. are therefore applicable and the appellant has to file a certified copy of the Order of the Workmen's Compensation Commissioner along with the appeal. Having regard to the provisions of S.29(2) of the Limitation Act, 1963 it has got to be held that S.12 thereof applies to such appeals. In that event, the time taken to obtain a certified copy of the order for production along with the appeal is liable to be excluded in the computation of the period of time for the appeal. This was the view taken by the Punjab High Court in Rajinder Singh v. Labhu Ram Munshi Ram, AIR 1955 Pun. 156, with which we are in agreement.