M RUKMANI Vs. MANAGEMENT OF RAJENDRA TEXTILES

JUDGEMENT

(1.) The instant Civil Revision Petition has been filed challenging the order dated 30.07.2001, passed by the Deputy Commissioner of Labour, Coimbatore in W.C. I.A. No.14 of 2001.

(2.) The petitioner's son Rajendran, who was employed with the respondent, allegedly died, during the course of his employment in the respondent-Management. Hence, she made a claim against the respondent-Management under the Workmen's Compensation Act. Under the Workmen's Compensation Act, any claim for compensation will have to be filed, within a period of two years from the date of the said accident. There was a delay in filing the claim and W.C. I.A. No.14 of 2001 was filed by the petitioner, who is the deceased mother under the Workmen's Compensation Act before the Commissioner (Deputy Commissioner of Labour, Coimbatore) seeking a compensation of Rs.3,35,000.00 and also a penalty of 50% of the compensation amount from the respondent with the delay of 340 days. A counter affidavit was also filed by the respondent in the delay application viz. W.C. I.A. No.14 of 2001. The reasons given in the affidavit filed in support of W.C. I.A. No.14 of 2001 is that the petitioner is an illiterate lady and therefore, she did not know the period of limitation for filing a claim, which resulted in a delay of 340 days in filing the claim. However, the said reasons given by the petitioner for filing the claim with the delay was disputed by the respondent before the Deputy Commissioner of Labour, Coimbatore.

(3.) By order, dated 30.07.2001, the Deputy Commissioner of Labour, Coimbatore, dismissed W.C. I.A. No.14 of 2001 filed by the petitioner on the ground that no sufficient reasons have been given by the petitioner for condoning the delay of 340 days. Aggrieved by the dismissal of W.C. I.A.No.14 of 2001, the instant Civil Revision Petition has been been filed under Art. 227 of the Constitution of India.