VIJAYKUMAR MALVIYA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal challenging the order dated 03-01-2017 passed by Fourth Labour Court, Nagpur, whereby the application for condonation of delay filed on behalf of the appellant in preferring an application for compensation under the provisions of the Employee's Compensation Act, 1923 has been rejected.

(2.) The appellant herein was working as a Constable in the Railway Protection Force (RPF). It is claimed by the appellant that when he was on duty i.e. on 0-712-2007, he tried to assist a passenger who was slipping from a running train and in that process he himself slipped and that he was trapped between the train and platform, resulting in grievous injuries. As a result, during treatment, both his legs were amputated. He approached the concerned authorities, seeking compensation and medical reimbursement of Rs. 1,77,486/-. Only an amount of Rs. 19,300/- was sanctioned in this regard by the concerned authority and that payment is also yet to be disbursed.

(3.) It is the contention of the appellant that when he became aware of his entitlement for compensation, he approached the Central Administrative Tribunal by filing an application, but on 01-08-2012, the same was withdrawn, since the said Tribunal did not have jurisdiction to entertain the grievance of the appellant. Thereafter, the appellant was advised to approach this Court and accordingly he filed Writ Petition No. 4754 of 201 The said writ petition was also disposed of as withdrawn on 11-09-201