LAWS(J&K)-2022-3-51

ORIENTAL INSURANCE CO. LTD Vs. JIA LAL

Decided On March 10, 2022
ORIENTAL INSURANCE CO. LTD Appellant
V/S
JIA LAL Respondents

JUDGEMENT

(1.) Instant application has been filed by the applicant-insurance company seeking condonation of delay of 155 days in filing the accompanied appeal under sec. 30 of the Employees Compensation Act against the judgment/award dtd. 6/5/2015 passed by the Commissioner under Employees Act (Assistant Labour Commissioner), Kishtwar in File No. 13-I title "Jai Lal vs. Deputy Project Manager and others".

(2.) Mr. Suneel Malhotra, learned counsel for the applicant-insurance company has vehemently argued that the delay in filing the appeal on the part of the applicant is neither intentional nor willful. It is contended that on 7/9/2015, learned counsel has rendered his legal opinion and conveyed the insurance company about passing of the award dtd. 6/5/2015, copy whereof is annexed as Annexure-I with this application.

(3.) It is contended that the draft appeal along with instant application seeking condonation of delay has been drafted on 3/11/2015 and after having permission from the competent authority, it was signed on 4/11/2015 and handed over to the counsel. Thereafter, the application along with appeal was filed before this Court on 8/12/2015, i.e., after more than a month?s time.