E. S. I. CORPORATION Vs. SIDHIQUE

JUDGEMENT

(1.) APPELLANT , Employees' State Insurance Corporation, is questioning the order of the Employees' insurance Court passed in a review petition in I.C. No. 27 of 1997. Respondent employee sustained employment injury on 04/11/1986. Permanent disablement benefits due to employment injuries, payable to insured employees were revised with effect from 01/04/1995 by resolution dated 07/08/1996 (Annexure I). The above resolution is as follows:

(2.) THE E.I. Court dismissed the review petition on the question of time bar also. As per R.23 of the Employees State insurance Rules (Kerala), 1958, review against the order or judgment of the E.I. Court has to be filed within 30 days from the date of pronouncement of the order or judgment. The review petition was filed only on 07/10/1999, i.e., after 10 months of passing the final order in I.C. No. 27 of 1997 and that too without filing a delay condonation petition. Main order is not challenged. We are of the view that dismissal of the review petition on the ground of delay requires no interference. Since the appeal is filed from an order in review petition and review petition was hopelessly time barred, appeal is liable to be dismissed. The appeal is dismissed with costs.