BIPIN H DOSHI Vs. JAWAHARLAL PRAJAPATI

JUDGEMENT

(1.) THIS is an application for condonation of delay in filing first appeal in this Court challenging the order passed by the Commissioner for Workmens Compensation and Judge, 1st Labour Court, Thane under the Workmens Compensation Act. There is a delay of 61 days in filing the appeal. Two reasons have been given for condonation of delay in filing the appeal. The first is that the appellant was in financial difficulties. The second is that he was collecting some information. There are no details given to substantiate any of the grounds urged for condonation of delay. The learned Counsel for the applicant also relied on the judgment of the Supreme Court in the case of (State of Haryana v. Chandra Mani and others), reported in 1996 (2) C. L. R. 504 : 1996 Supreme 75 : A. I. R. 1996 S. C. 1623. The learned Counsel appearing for the respondents, on the other hand, relied on the judgment of the Supreme Court in the case of (Banarsidas and others v. State of Uttar Pradesh and others), reported in A. I. R. 1956 S. C. 520 and contended that financial difficulties cannot be a ground for condonation of delay. Now, if the application is perused in the light of the law laid down by the Supreme Court, it is clear that the delay in filing proceedings before the Court is to be liberally considered. However, nevertheless the Court cannot condone the delay until the applicant satisfies the Court that there is sufficient cause for condonation of delay. In so far as the present case is concerned, I find that there are vague allegations made in the application, no details are given and there is no material placed on record to substantiate those grounds. One cannot forget that this is an application for condonation of delay in filing an appeal against the payment of compensation to a workman. In my opinion, even if the allegations in the application are considered liberally, then also I find that the applicant has not been able to make out a sufficient ground for condoning the delay. As observed by the Supreme Court, financial difficulties cannot be a ground for condoning delay and the allegation about securing material is absolutely vague. It is not disclosed as to what was the material that was to be secured. It is also not disclosed as to how that information could not be collected by the plaintiff during the pendency of the matter in the trial Court and during the appeal period. Beside, the workman respondent has filed an affidavit opposing the application. In these circumstances, the applicant has failed to give sufficient grounds for condonation of delay. The application is therefore rejected.

(2.) CERTIFIED copy expedited. Application rejected.