EX ENGINEER Vs. NAIK ALAM PASWAL

JUDGEMENT

(1.) APPLICATION has been submitted praying for condonation of delay of 105 days in filing the review petition against the order dated 6.9.2002.

(2.) IT seems that claim petition was filed before the Commissioner. Under Workman Compensation Act, Assistant Labour Commissioner, Kupwara, by non -applicant No.1. The claim petition was considered on merits and allowed. The award came to be challenged by the present applicants in CIA No.49 of 2002. As there was no representation on behalf of the applicants and it was observed that, the award amount has not been deposited, the appeal was dismissed vide order dated 6.9.2002. The present application, seeking condonation of delay, has been submitted praying to condone the delay to enable the applicants to file review petition against the order of dismissal dated 6.9.2002.

(3.) THE main submissions made in the application are, that the applicants had engaged the services of Mr. A. M. Watali, Government Advocate, who did not inform the applicants about the dismissal of the appeal and as such the applicants were under a bonafide impression that, since Mr. Watali has been appointed as Government Counsel, he would pursue the appeal. It is further submited that the applicants acquired the knowledge of dismissal when he came to know about the withdrawal of the award amount from the office of non -applicant No. 2 in the first week of November, 2002 and immediately applied for certified copy of the order. After obtaning the certified copy of the order of dismissal dated 6.9.2002, applicants filed the present aplication seeking condonation of delay. It is further submitted that the delay has been due to lapse of the counsel, and not the applicants, who were engaged in Assembly Elections in the months of September and October, 2002. It is further submitted that, since the award amount had been deposited with the Assistant Labour Commissioner and a direction vide order dated 26.2.2002 had been passed that the amount deposited with the Labour Commissioner shall be deposited with the Registry of this Court, therefore, the appeal could not have been dismissed on 6.9.2002. On these submissions, it is prayed, that the application for condonation of delay be allowed.