SADA RAM Vs. CHHOTU RAM

JUDGEMENT

(1.) In this appeal by two employers against an order awarding compensation by the Commissioner under the Workmen's Compensation Act, Bilaspur, learned counsel for the workman-respondent urged, at the hearing on 20-12-55 that the appeal was incompetent, because the amount of compensation was deposited with the Commissioner, after the expiry of the period of limitation for filing an appeal.

(2.) In answer to that objection, an application under Section 5 of the Limitation Act, accompanied by an affidavit, was put in on behalf of the appellants soon afterwards. A further affidavit was filed on the 21st instant by Bhagat Ram, appellant. A reply to the application was filed by the respondent yesterday.

(3.) I have heard learned counsel for the parties and, in my opinion, for reasons to be stated shortly, no case is made out for condoning the delay in depositing the amount of compensation with the Commissioner and since the deposit was made after the expiry of the period of limitation for appeal, the appeal cannot be entertained.