STATE OF M P Vs. SUGANBAI

JUDGEMENT

(1.) The present appeal has been filed against the order dated 13.10.2011 passed by the Commissioner Workmen's Compensation Act, 1923 by which the application of the State Government for setting aside the ex - parte order dated 4.6.2011 has been turned down.

(2.) The facts of the case reveal that one Raghunath who was serving the State of Madhya Pradesh as a Gangman expired on 11.1.2006 and his widow along with three minor children preferred an application before the Commissioner, Workmen's Compensation Act, 1923 for grant of compensation. The application was allowed by the learned Commissioner vide award dated 3.8.2009 and a sum of Rs.2,26,619/ - along with interest was granted in favour of the claimants. The State of Madhya Pradesh has preferred an appeal against the award dated 3.8.2009 and this Court vide order dated 18.3.2010 passed in MA No. 352/ 2010 has dismissed the appeal preferred by the State of Madhya Pradesh, meaning thereby the award has become final. The interest was not paid to the claimants and therefore, the claimants have filed again an application before the Commissioner for grant of interest and the same has been allowed on 5.5.2011. The order passed by the learned Commissioner was ex - parte order and therefore, the miscellaneous appeal was preferred in the matter and the same has also been dismissed by the impugned order dated 13.8.2011. The present appeal has been filed with a delay of 528 days and the reason assigned in the application for condonation of delay with that after obtaining the order. On 5.11.2011 the matter was forwarded to the Secretary. Public Works Department and the permission was granted on 24.9.2012 and thereafter the appeal has been filed before this Court on 15.4.2013. This Court is of the considered opinion that even if it is assumed that some delay took place in obtaining necessary approval for filing the appeal, however the facts remain that sanction was granted on 24.9.2012. The State Government has finally preferred the present appeal on 15.4.2013. No explanation has been offered in respect of the aforesaid period. Not only this the claimants were granted interest by virtu of the original award, which has attained finality. The State of Madhya Pradesh has not been able to give satisfactory explanation in respect of day to day delay, which has taken place in filing the present appeal. In almost in similar circumstances this Court has dismissed the first appeal filed by the State Government vide order dated 5.3.2014 in the case of Land Acquisition Officer and another v. Chunnilal (FA No. 176/2010) and the same reads as under

(3.) In light of the aforesaid, as the delay has not been explained satisfactorily, no sufficient cause is made out for condonation of the delay. The application for condonation of delay stands rejected. The appeal also stands dismissed. Smt. Neelam Abhyankar, Government Advocate for petitioners/ State; O.P. Malpani for respondents.