EASTERN COALFIELDS LIMITED Vs. BASANTI CHATTERJEE

JUDGEMENT

(1.) This matter is referred to me by the Hon'ble Chief Justice because of the difference of opinion between the two Hon'ble Judges constituting the Division Bench on factual matrix whether the facts and circumstances narrated in the application under Section 5 of the Limitation Act constitutes sufficient cause for condonation of delay.

(2.) The instant appeal i.e. FMA 4481 of 2016 is filed by the applicant / petitioner challenging the judgment and order / award dated 8th December, 2015 passed by the Commissioner, Worksmen's compensation, Durgapur in Claim Case No. 36 of 2006 after a delay of 141 days.

(3.) Shorn of unnecessary details, the salient facts emerging from the instant case are adumbrated as under:-