BHUPESH JANARTHA Vs. RANVEER SINGH

JUDGEMENT

(1.) The present petition, under Art. 227 of the Constitution of India, has been maintained by petitioner, against the order dated 16.08.2018, passed by learned Commissioner, under the Employee's Compensation Act, Rampur Bushahr, District Shimla, H.P., wherein application under Sec. 10 of the Employee's Compensation Act (hereinafter to be called as "the Act"), with a prayer to file application under Sec. 22 of the Act, after the statutory period, has been allowed.

(2.) Briefly stating facts giving rise to the present petition are that respondent No. 1 filed an application under Sec. 22 of the Act, claiming compensation for suffering injury in his right hand middle finger, during the course of employment under the petitioner and respondent No. 2, as a Dryer Operator. As per the petitioner, the said application was time barred and deserves to be dismissed, as the petitioner did not disclose sufficient grounds for condonation of delay and moreover the lacuna was being tried to be filled up, however, learned Commissioner without granting an opportunity to the contesting parties to prove their objections allowed the said application.

(3.) The application filed by the applicant was resisted and contested by respondent No. 1 by filing reply, wherein preliminary objection qua maintainability has been taken. On merits, it has been averred that the delay cannot be condoned and the lacuna by moving the application cannot be filled up at belated stage. Lastly, a prayer for dismissal of the application has been made.