JAYESHBHAI DINUBHAI GOR Vs. VALLABH THAVARABHAI KATARA

JUDGEMENT

(1.) In the present writ petition, the petitioner has, inter alia, prayed for the following relief:-

(2.) As the prayer would suggest that the petitioner has challenged the impugned award dtd. 29/9/2017 passed below Exh.21 by the Commissioner for Workmen's Compensation, Labour Court No.4, Ahmedabad in Workman's Compensation Application (Non-Fatal) No.27 of 2015.

(3.) As the prayer would further suggest that the writ petition has been filed after more than four years and four months. After repeated requests made by this Court seeking explanation for delay, learned advocate Mr.Pandav, has placed reliance on the averments made in paragraph-(M) of the writ petition. The paragraph-(M) refers to the COVID-19 pandemic and further it is referred that there was some surgery of his minor son aged about 4 years and the financial difficulty of the petitioner. Except this, no substantial submissions are made by the learned advocate for the petitioner with regard to explanation of the delay in filing the present writ petition. Thus, an incorrect statement is made on the affidavit in the writ petition raising the contention with regard to COVID-19 pandemic from March, 2020, however the impugned award is of the year 2017 and at the relevant point of time, COVID-19 pandemic was not prevailing. Hence, such contention appears to have been made in order to mislead this Court. With regard to the contention of surgery of minor son, nothing is produced, no detail has been mentioned, as to when and what type of surgery was undertaken. So far as the financial condition of the petitioner is concerned, the same cannot be in any manner be considered as a valid ground for explaining the delay of more than 4 years in wake of free legal aid provided by the State.