SASA ENTERPRISES Vs. PRAMOD KUMAR

JUDGEMENT

(1.) THIS is an application under Section 5 of the Limitation Act for condoning the delay in filing the First Appeal from Order directed against an order, dated 4-7-1981, passed by the Commissioner under the Workmen's Compensation Act (hereinafter referred to as 'the Act').

(2.) THE appeal was filed on 4-2-1982 and the office reported that there was a delay of 155 days. The applicant subsequently filed an application under Section 5 of the Limitation Act for condoning the delay in filing the appeal and further prayed for time to file certificate of payment as required under the provisions of Section 30 of the Act.

(3.) ANOTHER effort appears to have been made on 21-12-1981 but the same was rejected on 28-12-1981 by one Sri Prem Sagar who was Commissioner under the Act. Ostensibly, reasons for doing so appear to be that the application was time barred and that a similar application had already been rejected by the Additional Labour Commissioner and also that a recovery order had already been issued. Subsequently, an application was moved before the Labour Commissioner but when no orders on the same were passed for a long time the counsel at Allahabad was contacted on 2nd February, 1982 who advised that money should first be deposited. Money was, therefore, deposited and a bank-draft was obtained on 6-2-1982 but as no one was available in the office to receive it, ultimately, the same was sent by registered post on 8-2-1982. The application for condonation of delay was, thereafter, moved on 9-2-1982.