SHYAMLAL CHINTA RAM Vs. DIVISIONAL RAILWAY MANAGER

JUDGEMENT

(1.) The appellant, aggrieved from the order of the Commissioner for Workmen's Compensation, Labour Court, Bilaspur dated April 2, 1998 passed in Case No. 15/W.C. A./ 97 (N.F.), has preferred this appeal under Section 30 of the Workmen's Compensation Act, 1923 (for brevity, hereinafter referred to as the Act) and has prayed for setting aside the order of the Commissioner, appealed against and condone the delay in filing the claim-petition before the Labour Court.

(2.) The case involves a short question whether, in the facts and circumstances of the case, the appellant is entitled for getting the decision on the claim-petition on merit, which was dismissed as barred by time by 60 days.

(3.) An application was made along with the claim-petition for condonation of delay and for deciding the claim-petition on merit. The said application was under Section 5 of the Limitation Act. The objection to the application was only to the effect that in the application, the claimant has not given explanation of each day's delay and further no affidavit had been filed along with the application.