SANDHYA RANI DAS Vs. NIRATAN PAUL

JUDGEMENT

(1.) Heard Mr. B. Das, learned senior Advocate assisted by Ms. S. Das, learned Advocate for .the petitioners and Mr. P. Gautam, learned Advocate for the second respondent, the Divisional Manager, National Insurance Company Ltd., Agartala Division. None has appeared for the first respondent, the owner of TR-02-1210 (Mini Bus).

(2.) By this writ petition under Article 226/227 of the Constitution of India, the petitioners, who are the mother and sister of the deceased workman have questioned the legality and correctness of the impugned order dated 1.6.2004 passed by the Commissioner, Workmen's Compensation, West Tripura, Agartala in Civil Misc. 293 of 2003 arising out of T.S. (W.C) No. 55 of 2003 whereby the prayer for condoning delay of 264 days in presenting the application under Sections 4, 4A and 10 of the Workmen's Compensation Act claiming compensation for the death of Bappi Das alias Biplab Das, a workman during the course of his employment has been rejected.

(3.) The prayer for condonation of delay having been rejected only on the ground that no cogent reason explaining the delay could be shown, the only question this court is called upon to decide is whether the learned Commissioner by such rejection has committed manifest, error by ignoring the legal principles settled by the Apex Court on the subject.